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

Vol. 145 WASHINGTON, TUESDAY, JULY 13, 1999 No. 98 House of Representatives The House met at 9 a.m. well versed in the subject if I just take are easier to maintain and cost less. f a moment and walk them through This affords a wider range of emer- MORNING HOUR DEBATES what we mean when we use that term gency personnel to be trained and ‘‘defibrillation.’’ equipped. The SPEAKER. Pursuant to the A large number of sudden cardiac ar- Some of my colleagues might ask, if order of the House of January 19, 1999, rests are due to an electrical malfunc- the Chair will now recognize Members tion of the heart called ventricular fi- a majority of the States have laws au- from lists submitted by the majority brillation, VF. So when VF occurs, the thorizing nonemergency medical tech- and minority leaders for morning hour heart’s electrical signals, which nor- nician first responders to use AEDs, debates. The Chair will alternate rec- mally induce a coordinated heartbeat, why do we need to pass this legisla- ognition between the parties, with each suddenly become chaotic, and the tion? Good question. party limited to not to exceed 25 min- heart’s function as a pump abruptly This year’s bill differs from previous utes, and each Member except the ma- stops. Unless this state is reversed, versions I have offered, which pri- jority leader, the minority leader or then death will occur within a few min- marily sought to encourage State ac- the minority whip limited to not to ex- utes. The only effective treatment for tion to promote public access to ceed 5 minutes. But in no event shall this condition is defibrillation, the defibrillation. The States responded to the debate continue beyond 9:50 a.m. electrical shock to the heart. this call, and many have passed regula- The Chair recognizes the gentleman My colleagues might be interested to tion to promote training and access to from Florida (Mr. STEARNS) for 5 min- know that more than 1,000 Americans AEDs. utes. each and every day suffer from cardiac However, this bill, Mr. Speaker, di- f arrest. Of those, more than 95 percent rects the Secretary of Health and SUPPORT CARDIAC ARREST die. That is unacceptable in this coun- Human Services to develop rec- SURVIVAL ACT try because we have the means, the ommendations to public access of very means at our disposal to change Mr. STEARNS. Mr. Speaker, this defibrillation programs in Federal those statistics. That is why I have morning I am here to talk about the buildings in order to improve survival Cardiac Arrest Survival Act, which I been committed to this cause. Studies show that 250 lives can be rates of people who suffer cardiac ar- will be introducing today. If this bill rest in Federal facilities. Federal build- becomes law, it has the potential of saved each and every day from cardiac arrests by using the automatic exter- ings throughout America will be en- saving thousands of lives each year. couraged to serve as examples of rapid I am pleased to have this opportunity nal defibrillation, which we will call response to cardiac arrest emergencies to work with the American Heart Asso- AED. Those are the kinds of statistics through the implementation of public ciation and the American Red Cross on that nobody can argue with. access to defibrilllation programs. this very important measure. Let me show my colleagues on the Passage of this Act would go a long next chart, did my colleagues know The programs will include training way towards making the goal of saving that for each minute of delay in re- security personnel and other expected the lives of people who suffer sudden turning the heart to its normal pat- users in the use of AEDs, notifying cardiac arrests possible. It would en- terns of beating, it decreases the local emergency medical services of sure that what the American Heart As- chance that that person will survive by the placement of AEDs, and ensuring sociation refers to as the ‘‘cardiac 10 percent? proper medical oversight and proper chain of survival’’ could go into effect. No one knows when sudden cardiac maintenance of the device. That first chain of survival is early arrest might occur. According to a re- cent study, the top five sites where car- In addition, this year’s bill seeks to access, call 911, early CPR, early fill in the gaps with respect to States defibrillation, which I will go into in a diac arrest occurs are at airports, county jails, shopping malls, sports that have not acted on AED legislation moment, and early access to advanced by extending good samaritan liability care. stadiums, and golf courses. I believe we While defibrillation is the most effec- would all take great comfort in know- protection to people involved in the use tive mechanism to revive a heart that ing that those who rush to our side to of the AED. has stopped, it is also the least resuscitate us have the most up-to-date So, Mr. Speaker, I look forward to accessed tool we have available to equipment available and are trained to the support of my colleagues. I hope treat victims suffering from heart at- use it. that they will cosponsor this bill. It tack. The AEDs which are being produced has been endorsed by the American Perhaps it would be helpful for those today are easier to use and require Heart Association and the American of my colleagues listening who are not minimal training to operate. They also Red Cross. I hope all of my colleagues

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.

H5369

. H5370 CONGRESSIONAL RECORD — HOUSE July 13, 1999 will join me by cosponsoring the bill caught up in illegality in participating bacco to get behind this effective law whose stated goal is to prevent thou- in a scheme to avoid $2.5 million in enforcement legislation or once again sands and thousands of people suffering U.S. excise taxes. to reveal its hypocrisy, from cardiac arrest from dying by Nor is RJR the only tobacco giant Mr. Speaker, with the introduction of making equipment and trained per- caught up in such criminality. Last this bill, we hope to stop the smuggling sonnel available at the scene of the year, a senior judge in Hong Kong con- and stop the mugging of the world’s emergency. cluded that British-American Tobacco children through nicotine addiction. f and Brown and Williamson were help- f ing international organized crime by FRESHMEN REPUBLICANS INI- TOBACCO SMUGGLING selling duty-free cigarettes ‘‘worth bil- TIATE BEYOND THE BELTWAY ERADICATION ACT OF 1999 lions and billions of dollars with the PROGRAM The SPEAKER pro tempore (Mr. knowledge that those cigarettes would GUTKNECHT). Under the Speaker’s an- be smuggled into China and other parts The SPEAKER pro tempore. Under nounced policy of January 19, 1999, the of the world.’’ the Speaker’s announced policy of Jan- gentleman from Texas (Mr. DOGGETT) While most of the attention with our uary 19, 1999, the gentleman from Wis- is recognized during morning hour de- relations with the country of Colombia consin (Mr. GREEN) is recognized dur- bates for 5 minutes. focuses on the illegal drugs from there ing morning hour debates for 5 min- Mr. DOGGETT. Mr. Speaker, the to here, a study last year found that utes. World Bank recently issued a report more than four-fifths of the 5.5 billion Mr. GREEN of Wisconsin. Mr. Speak- entitled, ‘‘Curbing the Epidemic: Gov- Malboro cigarettes that are produced er, 2 weeks ago, 19 Republican fresh- ernments and the Economics of To- here by Philip Morris and sold there in men stood shoulder to shoulder on the bacco Control,’’ which finds disturbing Colombia are illegal smuggled goods. front lawn outside this very building. trends in tobacco use around the globe. Far from hurting business, tobacco We did so to launch our class-wide This report concludes that, in another companies have found that they can project that we are calling Beyond the 2 decades, tobacco will become the sin- move their lethal products around the Beltway. The Republican freshmen are a di- gle biggest cause of premature death world by assisting smugglers. Big to- verse group coming from diverse back- worldwide, accounting for 10 million bacco profits from selling cigarettes to grounds and representing equally di- deaths each year. That is 10 million smugglers who reduce the price for the verse parts of America. But despite unique human beings choking to death black market and increase consump- that diversity, we are all excited by with emphysema, withering away with tion and sales, helping them build a some of the innovative reforms that we lung cancer, or perhaps feeling the global market. are seeing take place in State capitals sharp pain of a heart attack as a result My bill requires that packages for ex- throughout the land. of nicotine addiction. Half of these port be clearly labeled for export to Governors and legislative leaders, deaths will occur to individuals in mid- prevent illegal reentry into the United Republicans and Democrats from dle age, who will each lose 20 to 25 States. That is the scheme that the States from California to New York, years of their life. RJR affiliate used, claiming that ciga- are meeting their policy challenges in Effective and aggressive action rettes were reentering our country for exciting, innovative ways. With our Be- against tobacco smuggling represents export to Russia and Estonia when, in yond the Beltway project, we are hop- one key strategy necessary in what fact, they were going on the black mar- ing as freshmen to open new doors for should be a comprehensive global effort ket smuggled from New York into Can- these leaders. to address this pandemic, according to ada. We know that, for far too long, Fed- both the World Bank and the World Our bill also requires that packages eral rules and bureaucracies have held Health Organization. To assure that of tobacco products manufactured here them back and smothered their efforts our country is participating in such ac- or imported here also be uniquely through unnecessary burdens and re- tion, I am today introducing the To- marked. Law enforcement agents have strictions. Now the freshmen are reach- bacco Smuggling Eradication Act. This said will give the opportunity to trace ing out to leaders like my own Gov- measure is important in both fighting the products, verify the source, and ernor, Governor Tommy Thompson, in organized crime and in promoting pub- have the labeling requirements that an effort to help them unleash a whole lic health. they need for effective law enforce- new wave of creativity and innovation In a statement endorsing this bill ment. in State after State. yesterday, ENACT, a coalition of 55 Under this bill, retailers and whole- It is the freshmen who are initiating major national medical and public salers will be required to keep docu- this project because, even though we health organizations, including the ments on tobacco shipments which will are Members of Congress, we are very American Cancer Society, the Amer- greatly assist law enforcement. As our much still State legislators, local offi- ican Heart Association, and the Cam- Treasury Secretary Larry Summers cials, and private sector small business paign for Tobacco Free Kids, had this said last year during congressional tes- persons at heart. to say of my bill: timony, ‘‘The Treasury Department be- Here specifically is what the beyond ‘‘Your bill would strengthen domes- lieves that the creation of a sound reg- the Beltway project will do. The fresh- tic antismuggling efforts and address ulatory system, one that will close the man class, as a group, have asked our the shameful fact that lax oversight of distribution chain for tobacco prod- governors, legislative leaders, directly U.S. cigarette exports is fueling an ucts, will ensure that the diversion and and through the various associations international black market in U.S. cig- smuggling of tobacco can be effectively to help us identify some of those Fed- arette brands. Researchers estimated controlled.’’ eral rules and restrictions that are that about one-third of all cigarette ex- With the help of the Treasury De- holding them back. We want to turn ports disappear into the black market. partment, that is exactly what this bill these suggestions into an ongoing ac- U.S. brands such as Marlboro, Camel, will do. It will also assist the States in tion agenda. Member by member and Winston, and Kent are the most com- enforcing and collecting their excise issue by issue, we want to provide re- monly smuggled. Tobacco smuggling taxes on all tobacco products. Recent lief. seriously undermines public health studies have indicated that the States We are coming forward now with the laws in other countries and is an em- of Washington, Michigan, Massachu- Beyond the Beltway initiative because barrassment to our nation.’’ setts, New York, and California each we have also introduced the first meas- Just how big an embarrassment is re- lose $30–100 million per year in excise ure result from this new dialogue. This flected in this national news story taxes on tobacco products because of legislation would direct each Federal from the Washington Post last Decem- smuggling. Last year, big tobacco agency to develop an expedited review ber, entitled, ‘‘Tobacco affiliate pleads spent millions to promote false claims process for waiver requests. guilty to role in smuggling scheme.’’ that our Federal legislative proposals Mr. Speaker, as we know, oftentimes An affiliate of the RJ Reynolds Com- to reduce youth smoking would cause States need Federal approval or waiv- pany, one of the tobacco giants, was smuggling. Now is the time for big to- ers to initiate their State programs if July 13, 1999 CONGRESSIONAL RECORD — HOUSE H5371 those plans deviate from the details of earmark of $15 million for the earth- committee consider language calling Federal programs. quake zone. We hope that the House on the State Department to work with b 0915 subcommittee will consider providing a the parties to the conflict to initiate similar figure. It is important for the confidence-building measures. These The idea of this legislation is that United States to maintain our support measures should be geared both to- where a State has been granted a waiv- and partnership with Armenia as this wards a reaching of a negotiated settle- er on a particular program, if another country continues to make major ment, such as strengthening the cur- State seeks a similar waiver, we be- strides toward democracy, most re- rent cease-fire, as well as for estab- lieve that they should only have to go cently evidenced by the May 30 par- lishing a framework for better integra- through a streamlined or expedited liamentary elections. U.S. assistance tion following a negotiated settlement, waiver review process. We want to en- also serves to offset the difficulties im- such as transportation routes and courage the laboratories of democracy. posed on Armenia’s people as a result other infrastructure, trade, and in- We want to encourage modeling. We of the hostile blockades maintained by creased people-to-people contacts. want to encourage benchmarking. We their neighbors to the east, Azerbaijan, Mr. Speaker, I recognize that the want to encourage borrowing of ideas. and to the west, Turkey. members of this subcommittee are Mr. Speaker, I would hope that my I would also like to see the sub- grappling with many competing de- colleagues would join us in this expe- committee continue humanitarian aid mands in a complicated world with dited review bill and, more impor- for Nagorno Karabagh, an historically limited budgets. The fiscal year 2000 tantly, join the Republican freshmen in Armenian-populated region that has Foreign Ops Appropriations bill pro- proclaimed its independence and exer- developing beyond-the-Beltway ideas. vides us with a chance to shape U.S. cises democratic self-government but This is more than a short-term project. foreign policy for a new century and a whose territory is still claimed by the We hope it is the beginning of a new, new millennium. Armenia is a nation neighboring country of Azerbaijan. The longer, more open relationship between that measures its history in millennia, Congress and the States. Instead of the subcommittee took an historic step in the fiscal year 1998 bill by providing for yet the Republics of Armenia and governors coming to us on bended Nagorno Karabagh are very young de- knee, we are hoping to go to them for the first time humanitarian assistance to Nagorno Karabagh. Unfortunately, mocracies that embrace many of the ideas and suggestions. We want to turn same values that Americans cherish. them loose. We believe that there is no much of that American assistance has not yet been obligated. I hope that the I hope that the legislation that the telling how many of our major social, Subcommittee on Foreign Operations political challenges can be met if only subcommittee, in the fiscal year 2000 bill, will make efforts to ensure that adopts this week will make a priority we will move power and authority out of supporting both Armenia and of Washington and beyond the Beltway. this assistance be fully obligated for the people of Nagorno Karabagh by di- Nagorno Karabagh. f recting the Agency for International f FOREIGN OPERATIONS BILL HAS Development to expedite delivery of PROMOTING LIVABLE SIGNIFICANT IMPLICATIONS FOR this assistance. COMMUNITIES ARMENIA, NAGORNO KARABAGH, Mr. Speaker, another key priority is The SPEAKER pro tempore. Under AND U.S. CAUCASUS POLICY to maintain Section 907 of the Freedom the Speaker’s announced policy of Jan- The SPEAKER pro tempore (Mr. Support Act, which restricts certain di- rect government-to-government assist- uary 19, 1999, the gentleman from Or- GUTKNECHT). Under the Speaker’s an- ance to Azerbaijan until that country egon (Mr. BLUMENAUER) is recognized nounced policy of January 19, 1999, the during morning hour debates for 5 min- gentleman from New Jersey (Mr. lifts its blockades of Armenia and Nagorno Karabagh. Last year, the full utes. PALLONE) is recognized during morning House voted to strip a provision from Mr. BLUMENAUER. Mr. Speaker, hour debates for 5 minutes. the fiscal year 1999 bill that would have Michael Pollan in the New York Times Mr. PALLONE. Mr. Speaker, this repealed Section 907, and last month Magazine article this weekend, ‘‘The week the Subcommittee on Foreign the other body defeated a provision to Land of the Free Market and Liv- Operations of the House Committee on waive Section 907. Clearly, there is a ability,’’ is certainly correct that gov- Appropriations is expected to mark up bipartisan consensus in both Houses ernment can and should be thinking of the fiscal year 2000 bill regarding for- that the conditions for lifting Section ways to align our polices for the types eign assistance and other programs 907 have not been met. of communities that our hearts desire. vital to maintain and enhance Amer- Another way in which the Foreign What I find disappointing is the as- ican leadership throughout the world. Ops bill can make a big difference is by sumption somehow that the choices This legislation is extremely impor- encouraging progress on the Nagorno consumers are making now based on tant for the Republics of Armenia and Karabagh Peace Process. The U.S. has their pocketbook are somehow solely Nagorno Karabagh as they emerge been one of the countries taking the the result of benign, inevitable market from the ashes of the former Soviet lead in the peace process, as a co-chair demands. Union to establish democracy, market of the Minsk Group under the auspices Having worked my entire career on economies, and increased integration of the Organization for Security and the promotion of livable communities, with the West. Thus, in my capacity as Cooperation in Europe. Late last year, I am struck by how the increasingly co-chair of the Congressional Caucus the U.S. and our negotiating partners dysfunctional communities that are on Armenian Issues, I am asking my put forward a compromise peace plan, facing Americans across the country colleagues on both sides of the aisle to known as the ‘‘Common State’’ pro- are a result of direct government inter- join with me this week in urging the posal, as a basis for moving the nego- ference in the marketplace. Consumers members of the Subcommittee on For- tiations forward. Despite some serious are behaving rationally by investing in eign Operations to express our con- reservations, the elected governments ways where their incentives are skewed cerns on several key issues regarding of Armenia and Nagorno Karabagh by government. Armenia, Nagorno Karabagh, and U.S. have accepted this proposal in a spirit The most dramatic example is to be policy in the Caucasus region. This of good faith to get the negotiations found in our treatment of the auto- Subcommittee has many friends of Ar- moving forward, while Azerbaijan sum- mobile. Seventy-five years ago, com- menia, and I look forward to their sup- marily rejected it. I hope the sub- munities all across the country had port on these important issues. committee would include language urg- profitable, private transit streetcar First, Mr. Speaker, we will be urging ing the administration to stay the systems privately owned and profit- that the Subcommittee earmark assist- course on the compromise peace pro- able. Massive government spending, ance for the Republic of Armenia at posal and to use all appropriate diplo- literally trillions of dollars, were used the highest level possible. The legisla- matic means to persuade Azerbaijan to to promote automobile traffic, while at tion that has been adopted by the other support it. the same time there was no support body, the Senate, last month earmarks To further promote the peace proc- given to transit; and indeed in many $90 million for Armenia, with a sub- ess, we would ask that the sub- communities government contributed H5372 CONGRESSIONAL RECORD — HOUSE July 13, 1999 directly to the decline of transit and in or forcing people to do what they do MESSAGE FROM THE SENATE some communities its demise by refus- not want to do. A message from the Senate by Mr. ing to allow fares to increase with in- It is essential to give legitimacy to Lundregan, one of its clerks, an- flation and for capital investments to the aspirations of thousands of activ- nounced that the Senate had passed keep the systems healthy. ists in hundreds of communities across without amendment a concurrent reso- While the money from the road funds the country that are trying to promote lution of the House of the following is perhaps the most visible, there were livable communities. Just as we have title: also huge subsidies for overseas defense established a pattern of unplanned H. Con. Res. 144. Concurrent Resolution to protect oil supplies and public own- growth for dysfunctional communities urging the United States Government and ership of oil and gas supplies. There and regions, we can level the playing the United Nations to undertake urgent and were dramatic subsidies for public safe- field to promote livable communities. I strenuous efforts to secure the release of ty, for policing related to the auto- look forward to this Congress and this Branko Jelen, Steve Pratt, and Peter Wal- mobile, and the removal of huge tracts administration taking steps to be part- lace, 3 humanitarian workers employed in of land in the tax rolls and for roads ners to promote these more livable the Federal Republic of Yugoslavia by CARE and road right-of-way and, of course, communities. International, who are being unjustly held as parking and tax subsidies. All of these prisoners by the Government of the Federal f Republic of Yugoslavia. combined to tip the playing field in f favor of the automobile. Consumers re- RECESS sponded rationally for themselves but The SPEAKER pro tempore. Pursu- THE VALUE AND NECESSITY OF A in ways that very much skewed the ant to clause 12 of rule I, the Chair de- STRONG MINING INDUSTRY IN pattern of transportation development. clares the House in recess until 10 a.m. AMERICA Now, these clear transportation sub- Accordingly (at 9 o’clock and 27 min- (Mr. GIBBONS asked and was given sidies are but a small portion of the utes a.m.), the House stood in recess permission to address the House for 1 overall government interference in the until 10 a.m. minute and to revise and extend his re- market system. Our investments in f marks.) public housing concentrated poor mi- Mr. GIBBONS. Mr. Speaker, over the nority populations in central cities. We b 1000 next few weeks I will be bringing to our dramatically subsidized utility rates colleagues and the Chair’s attention and sewer and water expansion that AFTER RECESS the value and necessity of a strong routinely hid the profits, from pro- The recess having expired, the House mining industry in our Nation. viding service to local inner cities, was called to order by the Speaker pro Mr. Speaker, nearly everything we from increased costs associated with tempore (Mr. PEASE) at 10 a.m. eat, touch, wear, use, or even live in is expansion into suburbs and greenfields. f made possible by the mining industry. It resulted in many central city resi- Minerals comprise the basic necessities dents paying more for their own utili- PRAYER of life. Mineral-based fertilizers make ties and subsidizing lower rates for peo- The Chaplain, the Reverend James possible the food we eat and the nat- ple outside the cities. David Ford, D.D., offered the following ural fibers in our clothes. From the The most direct and obvious inter- concrete foundation, to the wallboard, ference in the market was the emer- prayer: Remind us, O gracious God, that we pipes, and wiring, all the way up to the gence of single-use zoning in metro- shingles on the roof, the construction politan areas where we made it illegal are to be doing the works of justice and mercy in our communities and in our industry utilizes minerals for building for the family owning, say, a res- our homes. taurant or a drugstore from living or world. And as we seek to do the works of justice remind us again that we are Mr. Speaker, minerals, made possible having their clerks live above that ac- through the mining industry, are es- tivity. People were zoned out of mixed- not the message, but we are the mes- sengers of reconciliation and peace and sential for agriculture, construction, use neighborhoods and literally forced and manufacturing. The United States into their cars since the drastic separa- righteousness. We admit that we can become so involved in what we do that is one of the world’s leaders in the pro- tion of uses forced many Americans to duction of important metals and min- rely increasingly on automobiles, and we promote ourselves and we become the focus instead of pointing to the erals, and it is imperative that we again that was very rational behavior. maintain a strong mining industry, The list goes on and on: flood insur- way of truth and promoting the good works of justice for every person. and remain competitive with other na- ance, water supply, brownfields pro- tions for scarce investment of capital. grams, the Federal Government’s own May Your blessing, O God, that is new every morning be with us until the Many investors have already left the policy of locating facilities out further United States for Latin America and and further from concentrated uses, or last moments of the day, abide with us this day now and evermore. Amen. Asia, where they are not faced with the post office refusing to obey local endless delays regarding Federal pro- land use laws and zoning codes. These f posals, permits, expensive fees, and all are all examples of the government’s THE JOURNAL sorts of other bureaucratic red tape. own activities to destabilize neighbor- Mr. Speaker, it is in our Nation’s hoods in our central cities and our The SPEAKER pro tempore. The best interests to keep our mining in- older suburbs. Chair has examined the Journal of the dustry strong. It is hard for me to imagine any ra- last day’s proceedings and announces f tional observer being able to charac- to the House his approval thereof. terize what has transpired in American Pursuant to clause 1, rule I, the Jour- OUR COUNTRY’S UNBELIEVABLE communities over the last three-quar- nal stands approved. POLICY ON STEEL ters of a century as benign, neutral, in- f (Mr. TRAFICANT asked and was evitable market forces. The challenge given permission to address the House today for those who would have livable PLEDGE OF ALLEGIANCE for 1 minute and to revise and extend communities is not to overcome mar- The SPEAKER pro tempore. Will the his remarks.) ket forces but allow the market forces gentleman from Pennsylvania (Mr. Mr. TRAFICANT. Mr. Speaker, after to work. This is an appropriate use of PITTS) come forward and lead the World War II we gave tours of our steel the political process. It is not a trivial House in the Pledge of Allegiance. mills to Japan and Germany. We let point, as critics attempt to paint ef- Mr. PITTS led the Pledge of Alle- them take pictures. We gave them forts for promoting livable commu- giance as follows: blueprints. We even gave them foreign nities on the part of the administra- I pledge allegiance to the Flag of the aid so they could build their own steel tion, those of us in Congress, or the United States of America, and to the Repub- mills. vast grassroots efforts around the lic for which it stands, one nation under God, Today Japan and Germany have steel country as somehow social engineering indivisible, with liberty and justice for all. mills. America has photographs. If that July 13, 1999 CONGRESSIONAL RECORD — HOUSE H5373 is not enough to tarnish our stainless, more, build a better future for them- Mr. Speaker, a legislator refusing to Japan and Europe at this very moment selves and their families, and realize legislate? I hope we do not see a lot of keep dumping illegal steel into Amer- their dreams. So this week let us have preening and posturing and politics in- ica while in Pittsburgh, the once steel a true discussion. Let us talk about fi- stead of policy. capital of the world, they just demol- nally cutting taxes in this country. f ished another steel mill. f Beam me up. This policy on steel is TAX CUTS ARE AN ISSUE OF not only unbelievable, it is stupid. I be- RETAIL RESPONSIBILITY—WAL- FREEDOM lieve, Mr. Speaker, we could do with MART (Mr. WELDON of Florida asked and less think tanks and styrofoam and a (Mr. PITTS asked and was given per- was given permission to address the few more factories and steel. mission to address the House for 1 House for 1 minute and to revise and f minute and to revise and extend his re- extend his remarks.) marks.) Mr. WELDON of Florida. Mr. Speak- THOSE PAYING 96 PERCENT OF Mr. PITTS. Mr. Speaker, I learned re- er, we have to really hand it to the TAXES SHOULD GET TAX RELIEF cently that two large retail chains in Democrats. They already have their (Mr. BALLENGER asked and was middle America can truly make a dif- line memorized and ready to repeat given permission to address the House ference when it comes to keeping vio- over and over again. for 1 minute and to revise and extend lence and filth out of our young kids’ Republicans propose tax relief that his remarks.) minds. largely excludes upper income people Mr. BALLENGER. Mr. Speaker, here I think both Wal-Mart and K-Mart from benefiting; again, tax relief for is a fun trick we can play on our liberal should be commended for their recent everyone except the rich. And what are friends, especially the ones who never stance on culture within the market- the Democrats saying about it already? tire of saying that the rich do not pay place. These superstores may not be Yes, ‘‘Tax cuts for the wealthy.’’ Any tax relief, tax relief at all, is im- their fair share. perfect, but they are taking an active In fact, this is a fun trick that we can mediately labeled by the other side as role in not selling some of the extraor- play on most Democrats, with few ex- tax cuts for the wealthy. It is an insult dinarily violent and offensive music ceptions. Ask them how much the rich to the millions of middle class tax- that could be lining their shelves and pay in Federal income taxes. After payers who would benefit from tax re- raking in the cash. they begin to look pale and ask, what lief to be demonized by liberals who op- Some of the music they chose not to do you mean, ask them what percent- pose tax relief everywhere and any- carry is climbing up the charts, but age of Federal income taxes are paid by where. since so many parents have objected to the top 50 percent of income earners Of course, it is an insult to those who its profanity and reference to suicide, and what percentage of the taxes are are carrying most of the load, the peo- these stores have pulled some albums paid by the bottom half. ple who are paying the most in taxes. Our liberal friends will not answer from the shelves. In America, the issue is not whether that question. Of course, they do not Mr. Speaker, do not get me wrong, upper income people need a tax cut. Of have any idea what the answer to the these are mega-marts, not mega-moms course they do not. But in America, it question is, and of course, even if they or mega-dads, but they are proving is an issue of freedom. It is their did, they would never tell us. They that taking a small stand in the mar- money. It does not belong to the gov- would be very embarrassed to have to ketplace against the increasingly cor- ernment, and it does not belong to lib- admit that the top 50 percent of income rupt culture can be done, even if it eral politicians in Washington who earners pay 96 percent of all taxes, 96 means foregoing an influx of cash. want to spend it on more wasteful gov- percent. The bottom 50 percent pay a f ernment programs. whopping 4 percent. WE NEED POLICY INSTEAD OF f Those same liberals then will rant PREENING, POSTURING, AND DEMOCRATS HAVE NO INTENTION and rave and feign moral indignation POLITICS that those paying 96 percent of the OF WORKING WITH THE REPUB- (Mr. HAYWORTH asked and was taxes, those who are carrying almost LIC MAJORITY given permission to address the House the entire load, should get any tax re- (Mr. BARTLETT of Maryland asked for 1 minute and to revise and extend lief at all. and was given permission to address his remarks.) f the House for 1 minute and to revise Mr. HAYWORTH. Mr. Speaker, it is and extend his remarks.) THE DEBATE OVER TAXES IS A interesting when we return from dis- Mr. BARTLETT of Maryland. Mr. DEBATE ABOUT FREEDOM trict work periods where we have heard Speaker, just listen to this quote taken (Mr. CHABOT asked and was given the wisdom of the people. Lincoln said, from yesterday’s Washington Post: ‘‘It permission to address the House for 1 the American people, once fully in- is not our responsibility to legislate minute and to revise and extend his re- formed, will make the correct decision. anymore. It doesn’t make sense for us marks.) I heard some very interesting things to compromise.’’ Mr. CHABOT. Mr. Speaker, we are from my constituents this week. I ‘‘It doesn’t make sense for us to com- going to hear a lot of speeches this would refer this House, Mr. Speaker, to promise?’’ These words come from a week, countless speeches, in fact, about the comments of the President of the leader of the Democrat party, the dis- taxes. We will hear that the debate United States and one of the more sen- tinguished gentleman from Massachu- over taxes is about fairness, about spe- ior Members of this institution from setts (Mr. FRANK). cial interests, about the struggles of Massachusetts. It appears that the gentleman from the middle class, about the American The President of the United States Massachusetts (Mr. FRANK) has let the dream, about compassion, and about earlier this year in Buffalo, New York, cat out of the bag. The Democrats had justice. said, ‘‘We could give it, the budget sur- no intention of working with the Re- Yes, this debate is about all of those plus, all back to you and hope you publican majority. They will block all things, but principally the debate spend it right, but,’’ ‘‘but.’’ Mr. Speak- legislative efforts, and then turn about taxes is about freedom. It is not er, that speaks volumes, because given around and blame Republicans, attack- a difficult concept. It is not an idea a choice, our president, sadly, believes ing the do-nothing Congress. that requires advanced degrees or that Washington bureaucrats need our But the always fair and balanced lengthy training. It is simply this, that hard-earned money more than we do. media of course will help them in that if we let people keep more of their own Then, a senior Member, the gen- effort. Then they will attack Repub- money, people will have more freedom tleman from Massachusetts (Mr. licans for Republican extremism, a to live their lives as they see fit, not as FRANK), yesterday said, speaking of the charge we heard thousands and thou- the government sees fit. liberals, ‘‘It is not our responsibility to sands of times since 1995 when Repub- Letting people keep more of what legislate anymore. It does not make licans took over the majority in the they earn will allow Americans to save sense for us to compromise.’’ Congress. H5374 CONGRESSIONAL RECORD — HOUSE July 13, 1999 Once again, the media will help them league, and to former Member, Edith liberal insiders warning against the fix the image in the public’s mind, but Green. In 1972, they offered and enacted idea of letting Americans keep more of the truth is now there for all to see. We the landmark Title IX legislation, the their own money. thank the gentleman from Massachu- Bill of Rights for women in education To me that is a pretty good indica- setts (Mr. FRANK). and sports. tion that that is exactly what we need f It said that any university that se- to do. cured Federal funds must open up all And of course the same crowd also TAX RELIEF programs on an equal basis. Prior to called Ronald Reagan’s tax cuts dan- (Mr. ARMEY asked and was given enactment of Title IX, female athletes gerous, foolish, and irresponsible. They permission to address the House for 1 had very little and limited opportunity are now singing the same tune today. They are also the same people who 2 minute and to revise and extend his re- to compete. I know that when I was in years ago said that we could not cut marks.) school, there were no women’s sports taxes and balance the budget at the Mr. ARMEY. Mr. Speaker, the Amer- programs. same time. And of course they are the ican people are overtaxed. They pay Mr. Speaker, the Statue of Liberty same crowd that could not praise has become a symbol of freedom to the too much income tax, they pay too President Clinton enough for raising world. Now when a woman or anyone much sales tax, they pay taxes on their taxes by a record amount. savings, they pay taxes on their invest- holds up a soccer ball, this has become See, there are lots of people in this ments, and they pay taxes when they a symbol of opportunity, of equality in town who really do believe government die. sports, and really the opportunity for can spend their money better than In fact, Federal taxes consume about women to achieve great things. Thank Americans can, and they really hate 21 percent of national income, the you, Title IX. Thank you to the women the idea that people should be able to highest proportion since World War II. and men in this body that enacted it. keep the fruits of their labor and reap But Mr. Speaker, help is on the way. In f the benefits of saving, sacrificing, and the coming days, the House will pass a THE B.E.S.T. AGENDA FOR realizing their dreams. tax bill that says to America, we think CONGRESS Mr. Speaker, of course they are you deserve a long overdue refund for against the tax cut. the surplus you created. (Mr. GUTKNECHT asked and was f Mr. Speaker, make no mistake about given permission to address the House it, our first priority is to save social se- for 1 minute and to revise and extend ANNOUNCEMENT BY THE SPEAKER curity and Medicare for future genera- his remarks.) PRO TEMPORE tions of seniors. In fact, for every dol- Mr. GUTKNECHT. Mr. Speaker, back The SPEAKER pro tempore (Mr. lar of the surplus that we use for tax in January when this Congress con- PEASE). Pursuant to clause 8 of rule relief, there are $2 set aside for social vened, I told my constituents that I XX, the Chair announces that he will security and Medicare. thought we ought to pursue what I postpone further proceedings today on I am happy to say, Mr. Speaker, that called the B.E.S.T. agenda. B-E-S-T. B each motion to suspend the rules on just yesterday at the White House the for balancing the budget; E for edu- which a recorded vote or the yeas and President agreed with the Republicans cational reforms that focus on giving nays are ordered, or on which the vote in the House and Senate that we ought local school districts and parents more is objected to under clause 6 of rule to lock up that Medicare and social se- flexibility in dealing with education XX. Such rollcall votes, if postponed, will curity surplus first. That is what we in- issues; S for saving Social Security, be taken after debate on House Resolu- tend to do. something that is important to all of tion 242 or House Resolution 243. When Members hear the talk about us but particularly to those of us who how our tax cuts are taking money are baby boomers who were born after f away from social security and Medi- World War II; and T for tax relief and 200th ANNIVERSARY OF THE care, remember this, Mr. and Mrs. reform. DEATH OF GEORGE WASHINGTON America, we will lock up our social se- Mr. Speaker, I am delighted that we are pursuing this agenda and we are (Mr. GEKAS asked and was given curity and Medicare, our retirement se- permission to address the House for 1 making tremendous progress. Our curity fund, first, $2 for every $1 we minute.) will subsequently give in tax relief. budget resolution calls for not only a Mr. GEKAS. Mr. Speaker, it occurred We will give tax relief if people are balanced budget this year, but for the to me that while we are waiting to pro- taxed for getting married, we will give first time actually securing every ceed with today’s agenda that here in tax relief if people are taxed for trying penny of Social Security taxes only for 1999 it is the 200th year, the 200th anni- to go to school, we will give tax relief Social Security. versary, and it should not be a happy if they are taxed for getting buried, Our educational reform, Ed-Flex, has anniversary, but it is an anniversary of and we will give tax relief if people just already passed and is on its way to the the death of George Washington. have a general income and need some States. Now we focus on tax relief. After the constitutional convention across-the-board relief. Mr. Speaker, let me suggest that the of 1787, of course the father of our In fact, the benefits here will go to gentleman from Texas (Mr. ARCHER) country took over the presidency in the American people in better jobs, has put down his marker. Mr. ROTH has 1789. He served 8 stalwart years, during better economic growth, better em- put down his marker. The President is which time he established the United ployment opportunities, and more coming up with his own tax plan. But I States presidency for what it is, an in- take-home pay, and that, Mr. Speaker, hope at the end of the day there will be dividual who will chart the course of is what freedom is all about. real tax relief for working families, and the country without ever attaining the I hope we would focus first and fore- f role of king or of tyrant or of anything most on eliminating the marriage pen- but a citizen politician who would b 1015 alty tax. guide the ship of State, along with the f two other branches of government. TITLE IX MEANS OPPORTUNITY George Washington established that FOR WOMEN ATHLETES LIBERAL INSIDERS WARN for all time. When he retired he went (Mrs. MALONEY of New York asked AGAINST TAX CUTS back to Mt. Vernon and there, guess and was given permission to address (Mr. SCHAFFER asked and was given what? He engaged in making sure that the House for 1 minute and to revise permission to address the House for 1 the firefighting equipment for the en- and extend her remarks.) minute.) tire area was intact. He pruned trees, Mrs. MALONEY of New York. Mr. Mr. SCHAFFER. Mr. Speaker, the checked the crops, made sure that the Speaker, on behalf of the World Cup Washington Post editorialized yet river flow was adequate for the pur- Soccer champions, I want to present again against Republican tax cuts and poses of transportation, river transpor- this soccer ball to the gentlewoman our proposal. Hardly a week goes by tation. Did a hundred different things from Hawaii (Mrs. MINK), my col- without the Washington elite and other as an owner of property, as a farmer. July 13, 1999 CONGRESSIONAL RECORD — HOUSE H5375 He reestablished himself as a member of that network, but does not include the up- sistance for Law Enforcement Act (47 U.S.C. of the community because he attended grade of switching equipment or other modi- § 1001 et seq.)) which falls within the jurisdic- several meetings with fellow farmers fications made in the ordinary course of tion of our two committees pursuant to Rule X of the Rules of the House of Representa- just to make sure that the local ordi- business or made so as to comply with Fed- eral or State law or regulatory require- tives. nances and local safety measures and ments.’’; Because of the importance of this legisla- police and firefighting people were set (2) in section 107(a), by striking paragraph tion, I recognize your desire to bring it be- to do their duties. The kinds of things (3); fore the House in an expeditious manner and that we know are necessary in today’s (3) in section 108(c)(3), by striking ‘‘on or will not object to its consideration under the communities, that is what George before January 1, 1995’’ and inserting ‘‘before Suspension calendar. By agreeing to permit June 30, 2000’’; this bill to come to the floor under these pro- Washington, the father of our country, cedures, however, the Commerce committee did in his retirement. (4) in section 109— (A) in subsection (a)— does not waive its subject-matter jurisdic- Later on this year when we get closer tion over the aforementioned provisions. In (i) in the heading strike ‘‘JANUARY 1, 1995’’ addition, the Commerce Committee reserves to the anniversary of his death, I plan and inserting ‘‘JUNE 30, 2000’’; and its authority to seek conferees on any provi- to take a special order to again review (ii) by striking ‘‘January 1, 1995’’ and in- sions of the bill that are within its jurisdic- the life of George Washington, this serting ‘‘June 30, 2000’’; tion during any House-Senate conference being the 200th anniversary of his (B) in subsection (b)— that may be convened on this or similar leg- (i) in the heading strike ‘‘JANUARY 1, 1995’’ death in 1799, and to recall that what islation. I ask for your commitment to sup- we are here today is largely the prod- and inserting ‘‘JUNE 30, 2000’’; and port any request by the Commerce Com- uct of his steady hand in war and in (ii) in paragraph (1)— mittee for conferees on H.R. 916 or similar peace. (I) in the matter preceding subparagraph legislation. (A), by striking ‘‘January 1, 1995’’ and insert- I request that you include this letter and When we call him the father of our ing ‘‘June 30, 2000’’; and country, that is not a euphemism. That your response as part of the Record during (II) in subparagraph (J), by striking ‘‘Janu- consideration of the legislation on the House is a reality that we must all take into ary 1, 1995’’ and inserting ‘‘June 30, 2000’’; floor. consideration as we review the history and Thank you for your attention to these of our country. (iii) in paragraph (2), by striking ‘‘January matters. f 1, 1995’’ and inserting ‘‘June 30, 2000’’; Sincerely, (C) in subsection (d)— TOM BLILEY, TITLE 9 TECHNICAL AMENDMENTS (i) in the heading strike ‘‘JANUARY 1, 1995’’ Chairman. and inserting ‘‘JUNE 30, 2000’’; and Mr. GEKAS. Mr. Speaker, I move to (ii) by striking ‘‘January 1, 1995’’ and in- HOUSE OF REPRESENTATIVES, suspend the rules and pass the bill serting ‘‘June 30, 2000’’; COMMITTEE ON THE JUDICIARY, (H.R. 916) to make technical amend- (5) in section 110, by striking ‘‘and 1998’’ Washington, DC, July 13, 1999. ments to section 10 of title 9, United and inserting ‘‘1998, 1999, and 2000’’; and Hon. TOM BLILEY, States Code, as amended. (6) in section 111(b), by striking ‘‘on that Chairman, Committee on Commerce, The Clerk read as follows: date that is 4 years after the date of enact- House of Representatives, Rayburn Office ment of this Act’’ and inserting ‘‘no earlier Building, Washington, DC. H.R. 916 than June 30, 2000’’. DEAR MR. CHAIRMAN: Thank you for your Be it enacted by the Senate and House of Rep- The SPEAKER pro tempore. Pursu- letter regarding your Committee’s jurisdic- resentatives of the United States of America in tional interest in H.R. 916. Congress assembled, ant to the rule, the gentleman from I agree that portions of the bill are within SECTION 1. VACATION OF AWARDS. Pennsylvania (Mr. GEKAS) and the gen- your committee’s Rule X jurisdiction and Section 10 of title 9, United States Code, is tleman from New York (Mr. NADLER) that you would be entitled to conferees on amended— each will control 20 minutes. those issues should this bill go to conference. (1) by indenting the margin of paragraphs The Chair recognizes the gentleman I also agree that these letters will be placed (1) through (4) of subsection (a) 2 ems; from Pennsylvania (Mr. GEKAS). in the record. Thank you again for your cooperation. (2) by striking ‘‘Where’’ in such paragraphs GENERAL LEAVE and inserting ‘‘where’’; Sincerely, Mr. GEKAS. Mr. Speaker, I ask unan- HENRY J. HYDE, (3) by striking the period at the end of imous consent that all Members may paragraphs (1), (2), and (3) of subsection (a) Chairman. and inserting a semicolon and by adding have 5 legislative days within which to Mr. Speaker, the bill before us is ex- ‘‘or’’ at the end of paragraph (3); revise and extend their remarks and to emplary of something that we lawyers (4) by redesignating subsection (b) as sub- include extraneous material on the bill have, over the centuries, complained section (c); and under consideration. that a misplaced comma can some- (5) in paragraph (5), by striking ‘‘Where an The SPEAKER pro tempore. Is there times so alter a provision in the law award’’ and inserting ‘‘If an award’’, by in- objection to the request of the gen- that it can wreak havoc in the courts serting a comma after ‘‘expired’’, and by re- tleman from Pennsylvania? designating the paragraph as subsection (b). of justice and in our communities. There was no objection. Such a mistake of a misplaced comma SEC. 2. COMMUNICATIONS ASSISTANCE. Mr. GEKAS. Mr. Speaker, I yield my- was made, and it was brought to our The Communications Assistance for Law self such time as I may consume. Enforcement Act (47 U.S.C. 1001–1021) is attention through a constituent of the Mr. Speaker, as part of the RECORD, I amended— gentleman from New York (Mr. NAD- (1) in section 102, by adding at the end the submit two specific letters that have to LER), who in the arbitration laws of our following: do with this legislation determining codes found that a misplaced comma ‘‘(9) The term ‘installed’ means equipment, the jurisdiction for our committee. could throw out of whack an interpre- facilities, or services that are operable and HOUSE OF REPRESENTATIVES, tation of a particular section. commercially available for use anywhere COMMITTEE ON COMMERCE, So the bill before us is simply a tech- within a telecommunications carrier’s net- Washington, DC, July 12, 1999. nical correction to make sure that that work. Hon. HENRY J. HYDE, misplaced comma is placed correctly. ‘‘(10) The term ‘deployed’ means equip- Chairman, Committee on the Judiciary, Ray- ment, facilities, or services that are com- burn House Office Building, Washington, This is not one of the most momentous mercially available anywhere within the DC. bills we have ever had in front of the telecommunications industry and capable of DEAR CHAIRMAN HYDE: It is my under- House of Representatives, but it does being installed or utilized in a telecommuni- standing that you intend to bring H.R. 916, a emphasize that a technical correction cations carrier’s network, whether or not bill to make technical corrections to section from time to time is absolutely nec- such equipment, facilities, or services were 10, of title 9, United States Code, before the essary if we are to do business properly actually installed or utilized within the car- House under the Suspension calendar in the in the Congress of the United States. rier’s network. near future. While H.R. 916 was not referred Similarly, in the telecommuni- ‘‘(11) The term ‘significantly upgraded or to the Committee on Commerce upon its in- cations field another technical correc- otherwise undergoes a major modification’ troduction, it is my further understanding means a material and substantial change in that you intend to bring up a manager’s tion is one that we require and which the configuration of a telecommunications amendment which contains provision sub- will be embodied in this bill. It is the carrier’s network, including the installation stantially similar to section 204 of H.R. 3303 enforcement act of 1994, which we call of hardware or software that fundamentally as it passed the House in the 105th Congress CALEA, the Communications Assist- alters the equipment, facilities, or services (amending title I of the Communications As- ance to Law Enforcement Act, also H5376 CONGRESSIONAL RECORD — HOUSE July 13, 1999 very important. But the grand-father- change that extends several effective ment of CALEA, substantial changes have oc- ing certain provisions becomes very dates until the FCC and the FBI can curred in the telecommunication industry, such important as a technical correction, work out certain technical standards as the enactment of the Telecommunication and we offer that along with the mis- that they are working out; and the mi- Reform Act of 1996, which resulted in many placed commas as the reason for our nority has been consulted on this, and new entrants in the industry and other appearance here today. we certainly have no objection to it. It changes in the competitive marketplace. Fi- Mr. Speaker, I rise in support of H.R. 916, is a technical extension. We are in sup- nally, during the four year, ``transition period'' as amended. port of it. initially contemplated by Congress for the im- As reported by the Committee on the Judici- So I urge all of my colleagues to sup- plementation of CALEA, the telecommuni- ary, H.R. 916, makes purely technical revi- port this bill. cation industry has installed, and continues to sions to section 10 of title 9 of the United Mr. BARR of Georgia. Mr. Speaker, I rise deploy, technology and equipment which is States Code, that correct some typographical today in support of the H.R. 916. During the not compliant with assistance capacity require- flaws that has long evaded detection. Section 105th Congress I introduced as the original ments of CALEA, since ``CALEA technology'' 10 enumerates several grounds for vacating author the Communications Assistance to Law has not been fully developed or designed into an arbitrator's award, but the fifth clause is ob- Enforcement Act (CALEA) Implementation such equipment. viously not a ground for vacating an award, Amendment of 1998 (H.R. 3321). Section 2, of Mr. Speaker, House of Representatives Re- but rather the beginning of a new sentence. H.R. 916 embodies the principles of this legis- port No. 103±827 makes it clear the federal The bill simply corrects this error. H.R. 916 lation I introduced in 1998. government intended to bear the costs CALEA also revises some compliance dates and re- Last year, the House of Representatives implementation during the four-year transition lated provisions in the Communications Assist- passed the Department of Justice Appropria- period between enactment and effective dates. ance to Law Enforcement Act of 1994 tion Authorization Act for Fiscal Year 1999, Congress recognized it was much more eco- (``CALEA''), Public Law 103±414. 2000, and 2001, which included language to nomical to design new telecommunications CALEA was enacted to preserve the gov- deal with this important issue. However, the switching equipment, features, services the ernment's ability, pursuant to court order or United States Senate did not act on this legis- necessary assistance capability requirements, other lawful authorization, to intercept commu- lation. rather than to retrofit existing equipment, fea- nications involving advanced technologies I believe it is incumbent on us in Congress tures, and services. Congress recognized (such as digital or wireless transmissions) and to recognize the delays that have occurred in some retrofitting would nonetheless be nec- services (such as call forwarding, speed dial- the implementation of CALEA, passed by Con- essary, provided that carriers would be in ing, and conference calling). It is also intended gress and signed into law in 1994, by extend- compliance with CALEA, absent a commit- to protect the privacy of communications and ing the time for compliance, and to clarify the ment by law enforcement to reimburse the full without impeding the introduction of new tech- ``grandfathered'' status of existing tele- and reasonable costs of carriers for such nologies, features, and services. communication network equipment, facilities, modifications to their existing equipment. and services during the time period the In the constantly evolving environment of The Department of Justice Appropriation CALEA-compliant technology is developed. digital telecommunications, the need for law Authorization Act for 1999 recognizes during Fundamentally, the purpose of CALEA is to enforcement to retain it ability to use court au- the four year, CALEA transition, virtually no preserve the federal government's ability, pur- thorized electronic intercepts is even greater. federal government funds have been ex- suant to a court order or other lawful author- Nevertheless, it appears that the Department pended to reimburse the telecommunication ization, to intercept communications involving of Justice, the FBI, and the telecommuni- industry for its implementation costs of advanced telecommunication technologies, cations industry have been unable after sev- CALEA. During the first year transition period, while protecting the privacy of communica- eral years of discussions and negotiations to virtually all telecommunications carrier equip- tions; and without impeding the introduction of resolve certain differences regarding compli- ment which had been installed or deployed, is new technologies, features, and services. ance with CALEA. As a result, implementation based on pre-CALEA technology and does not CALEA further defined the telecommunication of the act has been delayed. include those features necessary to implement industry's duty to cooperate in the conduct of This delay accordingly necessitates these the assistance capacity requirements of electronic surveillance, and to establish proce- revisions. They chiefly consist of replacing CALEA. H.R. 916's effective date with one that takes dures based on public accountability and in- It is therefore necessary to extend the time into account this delay in CALEA's implemen- dustry standard setting. of compliance. This step is absolutely essen- tation. The act's grandfather provisions are CALEA necessarily involved a balancing of tial, to enable the industry to complete the likewise revised. Further, the bill defines cer- interests of the telecommunications industry, standard-setting and development processes tain terms that the Act failed to include and, law enforcement, and privacy groups. The law required to implement CALEA in an economi- hopefully, with their addition, will assist the allowed the telecommunication industry to de- cal, efficient and reasonable fashion. This ap- parties involved in the implementation of velop standards to implement the require- proval also recognizes existing telecommuni- CALEA. ments of CALEA, and establish a process for Mr. Speaker, I reserve the balance of the U.S. Attorney General to identify capacity cations equipment, features, and services my time. requirements of electronic surveillance. The should be grandfathered during the interim. Mr. NADLER. Mr. Speaker, I yield law required the federal government to reim- On the completion of the development of myself such time as I may consume. burse carriers their just and reasonable costs CALEA compliant-technology, the federal gov- Mr. Speaker, I rise in support of this incurred in modifying existing equipment, serv- ernment can then decide which carrier equip- legislation and concur with the de- ices or features deemed necessary to comply ment it chooses to retrofit at federal govern- scription of the distinguished gen- with the assistance capability requirements of ment expense, and the manufacturers can tleman from Pennsylvania (Chairman the law. The CALEA law also required the fed- then design CALEA capabilities and services GEKAS) of its purpose and effect. This eral government pay for delays in the imple- to be deployed in carrier networks in the fu- misplaced comma was actually brought mentation of the law that have prevented the ture. to our attention by a State Supreme telecommunication industry and law enforce- Thus, it is necessary to move both the ef- Court justice of the New York State ment from complying with its provisions. fective and the ``grandfather'' dates of CALEA Supreme Court in my district who The development and adoption of industry to recognize the delays in CALEA implementa- pointed out the obvious intent of Con- technical standards have been much delayed, tion and to ensure its implementation con- gress was very clear, but the comma and these standards are now being chal- tinues as intended by Congress five years and the paragraph were in the wrong lenged before the Federal Communications ago. place, and so this changes that. Commission by both law enforcement and pri- Mr. Speaker, it is also necessary to clarify Mr. Speaker, I do not think the vacy groups. The release of the federal gov- the meaning of several terms in the cost reim- courts have misinterpreted the law, ernment's capacity notice for electronic sur- bursement provisions of CALEA. The use of but why tempt them to do so by not veillance needs was over two and a half years the terms `installed' and `deployed' in CALEA, correcting this comma? late. It is clear from telecommunications equip- are intended to make clear Congress intended In addition, the technical change to ment manufacturers, that no CALEA-compliant separate and distinct meanings for these the CALEA bill that is in this bill, the technology will be available for purchase and terms as they are used in CALEA. The term, Communications Assistance for Law implementation by telecommunication carriers ``installed,'' refers to equipment actually in Enforcement Act, is also a technical by the effective date. Further, since the enact- place and operable to the network of carriers. July 13, 1999 CONGRESSIONAL RECORD — HOUSE H5377 The term ``deployed,'' relates to equipment, fa- EXPRESSING THE SENSE OF THE when the series ended at the Rose Bowl cilities or services that are commercially avail- HOUSE WITH REGARD TO THE in Pasadena, more than 660,000 fans had able within the telecommunication industry, to UNITED STATES WOMEN’S SOC- attended including 90,000 people for the be utilized by a carrier whether or not equip- CER TEAM AND ITS WINNING final. Another 40 million tuned in to ment, facilities or services were actually in- PERFORMANCE IN THE 1999 WOM- watch the match on television. stalled or utilized within the network of the car- EN’S WORLD CUP TOURNAMENT What we saw in that final matchup of rier. The term, `deployed,' is also intended to Mrs. BIGGERT. Mr. Speaker, I move the series pitting China against Team refer to technology available to the industry. to suspend the rules and agree to the USA was a battle of titans. For a gruel- The use of these terms recognizes Con- resolution (H. Res. 244) expressing the ing 120 minutes of play neither side gress clearly intended to reimburse the tele- sense of the House of Representatives budged, neither side blinked, and nei- communications carriers with federal govern- with regard to the United States Wom- ther side gave up a goal. What we saw ment expenses, or grandfather the existing en’s Soccer Team and its winning per- was an American dream come true. For networks of carriers to the extent they were in- formance in the 1999 Women’s World generations little boys have grown up stalled or deployed prior to the development of Cup. wishing to become another Babe Ruth, CALEA-compliant technology. This decision The Clerk read as follows: Mickey Mantle, Gale Sayers or Michael Jordan. But it is only recently that lit- was based on industry standards developed to H. RES. 244 meet assistance capacity requirements of tle girls have anywhere near the same Whereas each of the athletes on the United dream, to one day be the next Billie CALEA terms, ``significantly upgraded'' or States Women’s Soccer Team has honored ``otherwise undergoes major modifications.'' the Nation through her dedication to excel- Jean King, Martina Navratilova, or These terms were intended to mean the car- lence; Jackie Joyner Kersee. riers' obligations to assume the costs of imple- Whereas the United States Women’s Soccer Now little girls have the dream. They menting CALEA technology in a particular net- Team has raised the level of awareness and have the women of Team USA. they work switch, is not triggered until a particular appreciation for women’s sports throughout have Briana Scurry, Carla Overbeck, network switch is fundamentally altered, such the United States; Kate Sobrero, and Brandi Chastain. Whereas the members of the United States as by upgrading or replacing it with a new fun- Women’s Soccer Team have become positive b 1130 damentally altered switch technology. For ex- role models for American youth aspiring to They have Joy Fawcett and Julie ample, changing from digital to asynchronous participate in national and international Foudy, Michelle Akers and Kristine transfer mode (ATM) switching technology. level sports; and Lilley. They have Mia Hamm. They Whereas the United States Women’s Soccer Thus, once CALEA-compliant technology is have Cindy Parlow, Tiffany Milbrett, developed and can be designed into, or de- Team has qualified for the 2000 summer Olympic games: Now, therefore, be it Sara Whalen, Shannon MacMillan, and ployed in, carrier networks, the costs of such Resolved, That the House of Tisha Venturini. They have Lorrie deployment shift to the industry. Prior to that Representatives— Fair, Christie Pearce, Tiffany Roberts, time, however, existing carrier networks are (1) congratulates the United States Wom- Danielle Fotopoulos, Saska Webber and ``grandfathered'' unless retrofitted at federal en’s Soccer Team on its winning champion- Tracy Ducar. government expense as intended by Con- ship performance in the World Cup tour- The women of team U.S. won the gress. In addition, switch upgrades or modi- nament; World Cup series, but they also won the (2) recognizes the important contribution fications performed by carriers to meet federal respect and admiration and the hearts or state regulatory mandates or other require- each individual team member has made to the United States and to the advancement of of all Americans. ments, such as number portability require- women’s sports; and Mr. Speaker, I yield 3 minutes to the ments, are not to be considered a ``significant (3) invites the members of the United gentleman from California (Mr. upgrade'' or a ``major modification'' for pur- States Women’s Soccer Team to the United KUYKENDALL), sponsor of the resolu- poses of CALEA. States Capitol to be honored and recognized tion. Mr. Speaker, these provisions should make by the House of Representatives for their Mr. KUYKENDALL. Mr. Speaker, I clear that existing carrier networks are grand- achievements. am proud today to rise in strong sup- fathered, unless retrofitted at federal govern- The SPEAKER pro tempore. Pursu- port of House Resolution 241, express- ment expense. The effective date for compli- ant to the rule, the gentlewoman from ing the sense of the House regarding ance with CALEA has been extended for ap- Illinois (Mrs. BIGGERT) and the gen- the United States Women’s Soccer proximately two years to provide additional tleman from Maryland (Mr. CUMMINGS) Team in its World Cup victory last Sat- time for industry development of CALEA-com- each will control 20 minutes. urday afternoon and inviting that team pliant technology, in response to industry tech- The Chair recognizes the gentle- to come to the House and be recog- nical standards to meet the assistance capac- woman from Illinois (Mrs. BIGGERT). nized. ity requirements of CALEA. GENERAL LEAVE It is a victory not simply for the I support this important legislation and ask Mrs. BIGGERT. Mr. Speaker, I ask United States but for the game of soc- my colleagues to support H.R. 916. unanimous consent that all Members cer, for women’s athletics, and for all Mr. NADLER. Mr. Speaker, I yield may have 5 legislative days within of us who have become jaded by the back the balance of my time. which to revise and extend their re- egotism and commercialism of profes- Mr. GEKAS. Mr. Speaker, I join the marks on H. Res. 244. sional sports. It is a huge win for team- gentleman from New York and I yield The SPEAKER pro tempore. Is there work and the pure joy of competing. To back the balance of my time. objection to the request of the gentle- me, that makes the players of Team woman from Illinois? USA not just champions but heroes, The SPEAKER pro tempore. The There was no objection. heroes willing to accept the challenge question is on the motion offered by Mrs. BIGGERT. Mr. Speaker, I yield and be role models for young people. the gentleman from Pennsylvania (Mr. myself such time as I may consume. Few of us imagined when we passed GEKAS) that the House suspend the Mr. Speaker, I rise today in support Title IX back in 1972 that a women’s rules and pass the bill, H.R. 916, as of House Resolution 244 honoring the final sporting event this year would amended. U.S. Women’s Soccer Team and its win- have 90,000 attendees or over 40 million The question was taken; and (two- ning performance in the 1999 women’s people watching it on TV. Impressive. thirds having voted in favor thereof) world cup tournament. Very impressive. the rules were suspended and the bill, For the past 3 weeks, no household in One of the hallmarks of this success as amended, was passed. America has been immune to the fever has been a group that is headquartered The title of the bill was amended so that has swept our Nation during the 32 in my district called the American as to read: ‘‘A bill to make technical games of the women’s world cup soccer Youth Soccer Organization. This group amendments to section 10 of title 9, series. When the series began, total at- was founded before Title IX. It started United States Code, and for other pur- tendance was set on the high side. in 1964. It started in Torrance. There poses.’’. Crowds of up to 350,000 were expected were 125 children, ages 4 to 18, boys and A motion to reconsider was laid on to extend the games in seven cities girls, and their parents who thought the table. throughout the country. By Sunday there were four things important. One H5378 CONGRESSIONAL RECORD — HOUSE July 13, 1999 was that they are going to play well- Maybe all of us in America can reflect most importantly, for women of all balanced teams. Everyone is going to on that for a moment and take the ages who aspire to be or already are play. They are going to have the par- word ‘‘I’’ out of our vocabulary and use athletes. ents involved. They are going to have the world ‘‘we,’’ because we the people It makes me proud when I think positive coaching. and we as a people can achieve great about the possibilities. I told my That is now one of the most success- things if we work as a team. daughter the other day as she grad- ful youth programs in America. There I watched the young ladies on the uated from high school, I said, ‘‘I am are hundreds of thousands of young Today Show being interviewed by excited about your possibilities.’’ And people. It has taken us a generation, 35 Katie Couric and Matt Lauer, and each as a father of two daughters, it makes years, to bring that to fruition and see one of them went on to praise the other me excited about the possibilities of all it exemplified in this World Cup win. in even more glowing terms about how women who want to be involved in Eight years ago, the United States they helped succeed and how they sports. women won the first World Cup in 1991. helped the team. The women of this World Cup team In 1991, we played in China. In 1991, So I hope as we reflect upon this have proven that they cannot be taken hardly anybody in America knew we wonderful victory that these ladies lightly. The ever-popular saying, ‘‘you played. Yet, the women were dominant have celebrated and we think about the throw a ball like a girl’’ is quickly be- then. A young lady from my district at uplifting it brings to America and coming outdated. that time was the most valuable player hopefully in the new century, as we ap- The over 90 million exuberant fans of the World Cup. Her name was Karen proach the millennium, that all of us that attended the championship game Gabara. She is now the coach of the share in the spirit of pride of this coun- made it the most highly attended wom- United States Navy team. try, of pride of individual abilities, of en’s sporting event in history. That This group of women have made a pride of collective victories, but, more certainly does not include the many, mark on the country, and I think it is importantly, as, working together, we many fans, like myself, who Saturday important that the country recognize can achieve the greatest things before were glued to the television set watch- their achievement, because their us. ing this exciting play. achievement is far more than athletic So, again, I commend the U.S. Wom- Over 400,000 fans attended the games prowess. en’s National Soccer Team and to peo- in which the United States competed, It is not often that a group of people ple everywhere as the role models they and approximately 650,000 fans at- gather our heart, they put their arms are and will be for future generations tended the tournament overall. That around us. We want to put our arms of America. They are a team that says something. The world was cer- around them. They are a wonderful America can truly be proud of. I again tainly watching. group of examples for young people in thank the gentlewoman from Illinois Since its conception in 1985, the this country, men or women, to look (Mrs. BIGGERT) for introducing this United States Women’s World Cup at. They play for the pride of being suc- bill. Team has proudly boasted a record of cessful. They play because they enjoy Mr. CUMMINGS. Mr. Speaker, I yield 144 wins, 12 ties, and only 31 losses. it. They play because they know there myself such time as I may consume. They defeated China in the very first is an example to be set. They obviously Mr. Speaker, it certainly is my pleas- Women’s World Cup in 1991; and, in play with national pride, the United ure to be a cosponsor of this legisla- 1995, they finished third behind Norway States national pride. tion. This past Saturday, the United and Germany. We are a great Nation. We are meas- States Women’s World Cup Soccer The history of this team has been ured by many things. But, in this case, Team put on a performance that will showered with success after success. we are measured by the success of a not soon be forgotten. The extraor- However, this success has not come young team of soccer players. I urge dinary game that was played in Pasa- without hard work and an incredible my colleagues all to support this. dena, California, was not only a testa- attitude. Without a professional pro- Mrs. BIGGERT. Mr. Speaker, I yield ment to the United States team’s hard gram for women, the national team has 2 minutes to the gentleman from Flor- work but to what can happen when in- had to rely mostly on college teams to ida (Mr. FOLEY). dividuals are given an equal oppor- provide players with skills necessary Mr. FOLEY. Mr. Speaker, I commend tunity. That is why I am so pleased to for their success. In turn, the success the gentlewoman from Illinois (Mrs. cosponsor this legislation. of college programs is in a large part BIGGERT) for introducing this resolu- The educator, the professor from due to Title IX of the Educational tion and share in the excitement I Yale, Dr. James Comer, said something Amendments of 1972. think all of America feels today as we that really applies to this situation. He With the passage of Title IX, schools congratulate the U.S. Woman’s Na- said that a person can have all the ge- were forced to fund women’s athletic tional Soccer Team on their 1999 World netic ability they want and they can programs at the same level men’s ath- Cup. have all the will they want, but if they letic programs were being funded. As we look back in the history of do not have the opportunity, it is al- Schools still have the flexibility to sports, certain moments transcend the most impossible for them to achieve choose sports based on student body in- arena and represent something larger their goals. Here we have a situation terests, geographic influence, budget than a single victory. The woman’s where these great, great young ladies constraints, and gender ratio. Yet, World Cup final, which became the big- were given an opportunity, and they there must be gender equity. That is so gest woman’s sporting event in history, certainly showed what they could ac- very important, gender equity. Women is a testament to the respect and devo- complish. must have an opportunity to play and tion that these champions have earned. Saturday’s game was a competition compete in the world of sports. Women This achievement will be remem- against the Chinese National Team have shown us just what they can do, bered with the awe of Jesse Owens that involved strength, skill, endur- given the opportunity. competing in Nazi Germany or the 1980 ance, and guts. The game remained I think that one of the things that we U.S. Olympic Hockey Team defeating tied through 90 exhausting minutes of do not realize is, when we see young the Soviet Union. regulation play and two 15-minute sud- women performing, other young women These athletes represent the Amer- den death overtime periods. It then watch them. Not only are they excited ican dream, the ability of any person went into a shoot-out in which the about soccer, but it also says that they to become a teacher, an astronaut, or a United States women outshot the Chi- can achieve other things, too, and that World Cup champion. nese women five to four in order to they are excited about the excellence The women’s national team played capture the well-deserved title of world that our team showed. It says to them with dedication, sportsmanship, and champions. that we will also compete in the legal heart. I think one of the things that I This victory is more than just one world, we will also compete in the field found most telling was the team them- team coming out ahead of the other. It of medicine and what have you. selves and the members who partici- is a victory for the United States, for So not only does it affect the soccer pated actually functioned as a team. the sport of soccer as a whole and, world, not only does it affect athletics, July 13, 1999 CONGRESSIONAL RECORD — HOUSE H5379 but it affects all of the young ladies, no b 1045 be prouder of them. They have made matter where they are and no matter Young women who participate in history, they have raised up the hopes what status of life they are in. sports are more likely to finish school and the aspirations of every girl and The Women’s National World Cup and less likely to have an unwanted young woman in our Nation and sent team are the pioneers for their sport pregnancy. The availability of athletic out the message around the world that and for women athletes all over the scholarships has enabled more women America is a can-do country and that world. They have gladly assumed the to pursue a college education and women indeed are part of the cham- status of role model and truly deserve opened opportunities for women at doz- pionship of this idea of America. it. Young girls all over the country ens of colleges. Mr. CUMMINGS. Mr. Speaker, may I adore them and look upon them as he- My praises to the Women’s World inquire as to how much time each side roes or, as some would say, sheroes. Cup President Marla Messing, and has? But not only are young girls looking at World Cup Chair Donna de Verona, who The SPEAKER pro tempore (Mr. EASE). The gentleman from Maryland them, men, young men, old men, all had the vision and the dedication to P (Mr. CUMMINGS) has 11 minutes remain- kinds of men are looking at them, too, focus the attention of a whole Nation ing, and the gentlewoman from Illinois because they see what they have been on the Women’s World Cup Champion- (Mrs. BIGGERT) has 10 minutes remain- able to accomplish when given that op- ship. No longer is it an insult to tell portunity. ing. someone, ‘‘You play like a girl.’’ Now, Mr. CUMMINGS. Mr. Speaker, I yield Although women have been playing indeed, it is a compliment. 2 minutes to the gentlewoman from the soccer for a long time, this World Cup Like the passage of Title IX in 1972, District of Columbia (Ms. ELEANOR team has opened the eyes of billions. I the 1999 Women’s World Cup Champion- HOLMES NORTON), another one of our ship will go down in history as the believe there is an exciting future world cup legislators. ahead, and I will look forward to milestone, the turning point in ele- Ms. NORTON. Mr. Speaker, I thank watching it unfold. vating women’s sports to the gold the gentleman for yielding me this I am proud to support and be a co- medal platform where it belongs. time and I thank him for his leadership sponsor of this resolution honoring the I urge the House to vote unanimously and the leadership of the gentlewoman for this resolution. 1999 Women’s World Cup team. They from Illinois (Mrs. BIGGERT) as well for Mr. CUMMINGS. Mr. Speaker, I yield have certainly given us a lot to be this timely and wonderful resolution. proud of. 2 minutes to the gentlewoman from I want to say up front, though, that Mr. Speaker, I reserve the balance of California (Ms. ESHOO), one of the now that we have our own women’s my time. many world cup women we have in the world cup team, which has found a Mrs. BIGGERT. Mr. Speaker, I yield House who is truly a role model for the home in the hearts of their country- 3 minutes to the gentlewoman from world, just as these young ladies are men and countrywomen, that I hope, as with regard to the soccer world. Maryland (Mrs. MORELLA). the Member who represents the Na- Ms. ESHOO. Mr. Speaker, I thank my Mrs. MORELLA. Mr. Speaker, I tion’s Capitol that women will find a distinguished colleague, the gentleman thank the gentlewoman from Illinois home right here for a team from the from Maryland (Mr. CUMMINGS), for (Mrs. BIGGERT) for yielding me this yet-to-come but sure-to-come women’s yielding me this time and for his work time. soccer league. We have in this town a on this resolution, as well as my col- men’s soccer league championship Mr. Speaker, I congratulate the gen- leagues who are cosponsors of this res- tleman from California (Mr. team, D.C. United, which has won olution. I cannot think of a time com- back-to-back championships. All we KUYKENDALL) for introducing this very ing to this floor since I was elected to important legislation upon which there need now is a women’s team to match the House that I skipped over with glee our male champions. is certainly bipartisan support. to come to the floor to salute the I want to add my cheers for the U.S. I am awfully proud of the Congress’ women of this championship team. well, because the Congress had a lot to Women’s National Soccer Team and I am not really someone that can 1999 Women’s World Cup champions. do with the victory that was achieved give my colleagues very many statis- last week. Congress helped bring this These dedicated, determined and ac- tics about sports, and I think that that complished young women make me so victory when more than 25 years ago, was shaped from my childhood because we passed Title IX. Thus Congress was proud to be associated with the cause we were really not encouraged to be of getting more girls and women in- on the field when Briana Scurry, the participants on the playing field of goalie, blocked the Chinese penalty volved with sports and fitness. sports. My father taught me how to kick to set up Brandi Chastain, who of When I was growing up, girls did not swim very well and also how to water course, did the winning kick. When play soccer. When we played basket- ski, but when it came to the other 90,000 people in the Rose Bowl cheered, ball, it was only on half of the court. sports, we were not encouraged; the they were also cheering for what Con- Women’s choices in sports were rel- teams were not there in the schools gress did when it enacted Title IX. egated to cheerleading and getting a that we went to. But this weekend that Title IX, each of these women has good seat as a spectator in the stands. all changed when billions of people said when interviewed, made them the That was before Title IX. around the world were glued to their best in the world, because Title IX gave Title IX and the U.S. National Wom- TV sets to watch the American team them the opportunity that bore fruit en’s Soccer Team have changed the do something that really raised up the on the soccer field this past week. Title playing field for girls and women in whole issue of women in sports and IX has done the same for women’s bas- athletics. Mia Hamm, Carla Overbeck, how we can compete and be world ketball, and Title IX is doing the same Julie Foudy, Tiffany Milbrett, Brianna champions. for women’s sports all across this land Scurry, Brandi Chastain, and the whole Our American flag that is behind where women and girls have discovered U.S. team are all long distance runners you, Mr. Speaker, was carried through- that sports is for them, too. in the challenge and the struggle to out the stands in the Rose Bowl in Let the victory on the soccer field raise the status of women’s sports to California, my home State, and I think settle the controversy over the division the same level as that of men’s ath- that the message that went around the of funds by colleges and universities letics. world is that America can compete; between men and women’s teams. They are heroes and healthy role that we all have a share in the oppor- Equality on the field. models for our sisters, daughters, tunity in this country, which is really Mr. CUMMINGS. Mr. Speaker, I yield granddaughters that want to partici- what the idea of America is all about. 2 minutes to the gentlewoman from pate in sports. I have a number of So I salute each woman that brought California (Mrs. CAPPS), who, as the granddaughters who are participating this victory home, to each of them that gentlewoman from the District of Co- in soccer and other sports. They speak wove together this exceptional team, lumbia talked about opening the doors to the importance of the sports experi- and I say bravo, bravo, bravo, and espe- and what Title 9 has done, is one who ence in building self-confidence, perse- cially as a woman Member of the Con- is constantly doing everything in her verance and the competitive edge. gress of the United States I could not power to open doors for all people. H5380 CONGRESSIONAL RECORD — HOUSE July 13, 1999 Mrs. CAPPS. Mr. Speaker, I thank says to everybody, ‘‘You too can be a Mr. Speaker, I yield back the balance my colleague, the gentleman from winner.’’ of my time. Maryland (Mr. CUMMINGS), for yielding Mr. CUMMINGS. Mr. Speaker, may I Mrs. BIGGERT. Mr. Speaker, I yield me this time, and I rise in whole- ask how much time I have remaining? 2 minutes to the gentlewoman from hearted enthusiastic support of this bi- The SPEAKER pro tempore. The gen- New York (Mrs. KELLY). partisan resolution, House Resolution tleman from Maryland (Mr. CUMMINGS) Mrs. KELLY. Mr. Speaker, I rise 244, congratulating our U.S. Women’s has 63⁄4 minutes remaining. today to congratulate the United Soccer Team. Mr. CUMMINGS. Mr. Speaker, I yield States Women’s Soccer Team for their I am doing so today on behalf of the myself such time as I may consume. spectacular efforts in the 1999 Women’s young women in my district in Santa Mr. Speaker, I just want to take a World Cup. For the last 3 weeks the en- Barbara and San Luis Obispo Counties, moment first of all to thank Leah Phil- tire country has been consumed by soc- girls for whom soccer is more than a lips, one of our interns who was very cer fever. Mr. Speaker, this is not only sport, it is a passion; soccer and all of helpful to us, who also happens to play an achievement for the women on the the other sports that are claiming in- soccer at Mary Washington College, team but an achievement for our Na- creasing amounts of their time and en- and I want to thank her for all her ef- tion. thusiasm. This is undeniably due to forts and our entire staff for what they In a time when the most exciting Title 9 and the fundamental principle have done with regard to this very, part of the Superbowl seems to be that all programs deserve equal fund- very important resolution. watching to see the million-dollar com- ing, and I thank those in this House I want to send a message out to our mercials, this tournament was one of that were instrumental in passing that U.S. Women’s Soccer Team. We want the most captivating athletic events of landmark initiative. you to understand, soccer team, that the year. Six hundred fifty thousand I also commend this U.S. Women’s you have made us very, very proud. tickets were sold for the 32 matches Soccer Team for their extraordinary The fact that you took advantage of an and for the 90,000 spectators at the hard work and determination and their opportunity and turned it into some- final game between the United States enthusiasm, which was so contagious. thing very, very, very significant is so and China. They definitely got their It was beautiful to watch them play. important to all of us. money’s worth. Not only did they give us the incred- So often in the past women have not After 90 minutes of regulation play ibly entertaining and most attended had the opportunities that you have and two 50-minute periods of sudden women’s sports event in history, they had. So often when we stand on the death overtime, the team moved to a are also now giving to young women all floor of this House and we speak, and penalty kick series where the U.S. over the country remarkable role mod- so often when we push the button, women scored five goals to defeat els to look up to. green or red, we do not know exactly China. Mr. Speaker, along with my col- what impact we are having. But when Mr. Speaker, this was the game of a leagues, the gentlewoman from New the House of Representatives of the lifetime. No one could imagine a more York (Mrs. KELLY) and the gentle- United States of America, as our Mem- exciting end to this sensational run for woman from New York (Mrs. bers watched you, we were reminded these athletes. Many of these athletes MALONEY), the chairs of the Women’s that the things we do here today do af- have been playing soccer since they Caucus, I recently invited the Women’s fect your lives. were 5 and 6 years old, and this Soccer Team to celebrate their success But understand that you have af- achievement is the pinnacle of their on Capitol Hill. We look forward to fected so many people. There were lit- athletic career. For the girls of this welcoming these American heroines to tle girls sitting around television sets country, this event gave them the role the Halls of Congress. watching you, watching your every models that they so often lack. But, Mr. CUMMINGS. Mr. Speaker, I yield move, and they see you as role models. Mr. Speaker, more importantly, this 15 seconds to the gentlewoman from By not only were the little girls watch- team and this championship season has Texas (Ms. JACKSON-LEE). ing you, there were little boys, too, and given our Nation a great sense of pride. (Ms. JACKSON-LEE of Texas asked they were watching and they were ex- I commend all the players on this and was given permission to revise and cited and they saw all of those fans in 1999 Women’s Soccer Team and all of extend her remarks.) the stands. And now when they go back those women and who inspired them to Ms. JACKSON-LEE of Texas. Mr. to their fields this evening and tomor- be the players that they are today. Speaker, I thank the distinguished gen- row evening and they play the soccer Mrs. BIGGERT. Mr. Speaker, I yield tleman and I congratulate all the la- games, they will be reminded of the myself such time as I may consume. dies and offer my great congratulations greatness that you have brought to (Mrs. BIGGERT asked and was given to the soccer team. When women play, their living rooms and to their lives. permission to revise and extend her re- women win; and thank God for Title So, to you, some may say that sports marks.) IX. does not mean a lot. Well, I happen to Mrs. BIGGERT. Mr. Speaker, I thank Mr. CUMMINGS. Mr. Speaker, I yield differ in that opinion. Sports mean a my esteemed colleague across the 30 seconds to the gentlewoman from lot. It means a lot when one takes the aisle, the gentleman from Maryland New York (Ms. SLAUGHTER). opportunity and gives their blood, (Mr. CUMMINGS), for his remarks and (Ms. SLAUGHTER asked and was sweat and tears and gives it everything the remarks on that side of the aisle given permission to revise and extend they have to be the best that they can and all my esteemed colleagues on this her remarks.) be. All of us, as Americans, are very, side of the aisle. Ms. SLAUGHTER. Mr. Speaker, the very proud of you. Not only are we I would especially like to thank my looks on the faces of the little girls proud of you, we are proud of all that colleague from California (Mr. looking up with hero worship to the you stand for, all that is good in Amer- KUYKENDALL) for offering this resolu- women’s soccer players made an awful ica; for it was your efforts, it is what tion and giving me the opportunity to lot of struggles that we have gone you did, that said not only to America handle the resolution on the floor. through worthwhile. When Title IX was but to the world that we are, indeed, Looking back on my own childhood, first written and passed in the Con- the greatest. really, the sports that we had were bal- gress, there was a great furor about it. It was something called Title IX that let and music lessons. So soccer is a The idea of making athletics open to opened up so many, many doors. Going relatively new sport for Americans but women was almost anathema. We have back to what I said a little earlier, we especially for American girls. Of my seen now what a wonderful opportunity realize that you have the genetic abil- three daughters, only the youngest, we have given; that girls in school ity, we realize that you have the will, Adrienne, had the opportunity to play know that they too can achieve in but what you have been given is the op- soccer from kindergarten on through sports and that they too can be part of portunity to make a difference, and college. that wonderful experience. you have. And so we say, we are proud As the assistant soccer coach for her It helps us to reduce the inequality of you, we wish you Godspeed, and may team in the mid and late 1980s, I can and the differences in Americans and God bless. well remember the excitement of the July 13, 1999 CONGRESSIONAL RECORD — HOUSE H5381 girls and their parents when girls soc- life lessons that everyone around the globe China. They never gave up and they workedÐ cer first became a recognized team can take to heartÐespecially our children, the literally for Michelle AkersÐto the point of ex- sport in our high school. That meant next generation of leaders. haustion. They are heroes for millions of peo- that Adrienne, just like my son Rody As one who has worked for a long time to ple not only because of their raw talent, but before her, would have the opportunity improve the athletic opportunities for women also because of their dedication and inspira- to play a sport that she loved through- and men, I am particularly heartened to see tional attitudes. They played for themselves, out her years in school. the success of our World Cup Champions. We for the sport, and for everyone who supported Thanks to the passage of Title IX in must be ever vigilant in our quest to open them throughout the tournament. 1972, my daughter Adrienne, along with more doors so those who want to participate I don't need to prove to you how likable the women of Team USA and young in extracurricular activities can do so. I have these women are, how enjoyable they are to women and young girls throughout seen first-hand how sports and team play watch, or how successful they have been. America, has come to benefit from the have molded young kids into future leaders. Their numbers are the proof. opportunity enjoyed for so long by We need more of that in today's society. An overwhelming 90,000 fans attended their young men and boys throughout Amer- In closing, congratulations to Coach Tony final game at the Rose Bowl in Pasadena this ica. Title IX has enabled young women DiCicco, his assistants, and the U.S. National past Saturday and that 90,000 does not even to participate in school sports, to learn Women who brought home the World Cup. I come close to including the millions of people the value of teamwork and competi- would hope that as they make their way who tuned in to watch from around the world. tion, and to gain the self-confidence around the country on their well-deserved vic- The women's national team, coached by and skills that are so valuable in busi- tory tour they'll make a stop in Washington so Tony Dicicco, worked together in a way that ness and in other future careers. all Americans can celebrate their accomplish- should be inspiring for us all. Not only did they Mr. Speaker, the women of Team ments through a National Pep Rally at the work together but they played together and USA have shown teamwork, dedication U.S. Capitol. celebrated together. They have displayed an and a complete commitment to excel- Ms. PELOSI. Mr. Speaker, I rise today in amazing dedication to their fellow teammates lence in their field. They also showed a support of House Resolution 244, congratu- and to their country that has made us all love for the sport and for those who lating the U.S. women's national soccer team proud. will follow them. They are mentors, for winning the 1999 Women's World Cup. I fully support the passage of this resolution role models and an inspiration for all Their achievement is something in which all that is meant to honor these women for their of us, regardless of age or gender. Americans can take pride. hard work and dedication. Following their victory and visit to On July 10, the U.S. women's national soc- Ms. LOFGREN. Mr. Speaker, Brandi Disneyland on Sunday, the women of cer team played the Chinese national wom- Chastain of my hometown of San Jose, Cali- Team USA boarded a plane and flew en's soccer team to a scoreless draw after 90 fornia did the nation proud on Saturday when east overnight, landing at Newark Air- minutes of regulation and 30 minutes of over- she scored the final goal to win the World Cup port at 4:30 in the morning. Here is how time. The match pitted two extremely well-bal- for her team, country, and women everywhere. team member Brandy Chastain de- anced and talented teams against each other When the game came down to the high- scribed their arrival. ‘‘There were 10 and while both teams' defenses held the other pressure penalty goal finale, Brandi stood be- little girls waiting in the airport,’’ scoreless, all spectators were treated to a fore a crowd of 90,000, and without hesitation Chastain said. They were wearing fast-paced and exciting match. or even looking into the eyes of her only oppo- World Cup and Soccer USA stuff. They The success of the U.S. team is the clear nent, Chinese goalie Gao, pounded the soccer were all so excited. They had slept result of Title IX, the 1972 law banning sex ball into the net and victory. there. They were jumping around and discrimination in schools, including discrimina- Brandi did for young women what Michael asking for autographs. We all obliged. tion in athletics. All of the players on the U.S. Jordan, Willie Mays, and Steve Young did for They deserved it.’’ team are the children of Title IX and now all young men: She gave them a role model. Mr. Speaker, the women of Team Americans can enjoy their success and the Brandi, a native of San Jose, has played for USA deserve the recognition today. I success of that landmark legislation. the U.S. National team since 1988. She an- urge my colleagues to show their sup- I am proud to live in a country that has nounced her presence in 1991 with five goals port for this tremendous accomplish- given women the ability to play in an event in one game against Mexico. But this was no ment by supporting the resolution of that has become the most successful women's surprise to people at home who had seen her the gentleman from California. sporting event in history. Over 90,000 fans at- lead her high school, Archbishop Middy, to Mr. CUMMINGS. Mr. Speaker, I ask tended the final, the largest attendance ever three straight state championships. She went unanimous consent to reclaim my for a women's sporting event and the game on to be named All-American while playing for time. received a 13.3 rating, a national record for a my alma mater Santa Clara University leading The SPEAKER pro tempore (Mr. soccer match. In addition, the nearly month- the Broncos to two final four appearances. PEASE). Is there objection to the re- long event sold over 650,000 tickets, far ex- Now she gives back to her sport as an assist- quest of the gentleman from Maryland? ceeding organizer's initial expectations. ant coach at Santa Clara University. There was no objection. As one of the host cities, San Francisco and Brandi is a heroine, not only to the soccer Mr. CUMMINGS. Mr. Speaker, I yield its citizens participated in the excitement sur- players and fans in San Jose, but also to myself such time as I may consume. rounding the 1999 Women's World Cup. I join women throughout the world. She, along with Mr. Speaker, I just wanted to say the citizens of San Francisco in congratulating her teammates, tirelessly fought to attain their that the distinguished congresswoman the U.S. women's national soccer team on at- goal of winning the World Cup. They prove from California (Ms. ROYBAL-ALLARD) taining their second World Cup and wish them that women can achieve the same high level had a similar resolution and she success in the Sydney Olympics in 2000. of athleticism as their male counterparts. Most worked very hard on that, and I just Mr. WAXMAN. Mr. Speaker, last month few importantly, they showed that teamwork and wanted to express the fact that she, people knew that the United States had a dedication can make an entire country proud. too, is very concerned about this. It is Women's World Cup Soccer team but today It is a great honor to stand up and com- very important to her. I want to thank there is talk of starting a professional women's mend Brandi Chastain and her teammates my colleagues on the other side for the soccer league. The women's world cup tour- today for the hope and joy they have given resolution. nament, a one month long tournament that young girls everywhere. Mr. HASTERT. Mr. Speaker, as a parent features the sixteen strongest teams in the Mr. LUTHER. Mr. Speaker, the United and former coach, I rise in strong support of world, has created a sort of ``soccer frenzy.'' States Women's Soccer Team deserves our this Resolution to celebrate the many contribu- All of the credit for starting this new craze nation's highest congratulations on their suc- tions the U.S. Women's National Soccer Team should be given to the women of the United cess in the World Cup. In particular, I would has given to the American people. States World Cup team. Girls, boys, men and like to praise Briana Scurry, the goalkeeper for These young women have illustrated the women alike tuned in to watch the games of the team. Originally from Dayton, Minnesota, American spirit on a global stage. They have this tournament. People who had never before Ms. Scurry graduated from Anoka High School shown young and old alike that teamwork still this tournament watched a soccer game in its in my district in 1990. It was her speed and works. They have also demonstrated that it's entirety are now caught up in the craze. agility that allowed her to block the critical Chi- not always about winning, but how you per- This past Saturday these women played nese penalty kick and secure a victory for the form on and off the field. These are all positive their hearts out to beat the National team of U.S. team. Perhaps it is no surprise, then, that H5382 CONGRESSIONAL RECORD — HOUSE July 13, 1999 her teammates refer to her as ``The Rock''. the 1993 World University Games in Buffalo, tion's girls and young women, and I know they Anoka High School, the State of Minnesota N.Y., where she made her debut with the U.S. will inspire many more to experience the joy, and the entire Nation are very proud of Ms. team *** benefits, and opportunities that sports bring. Scurry and all of the U.S. Women's Soccer Member of the U.S. Women's Under-20 Na- Participation in soccer by women and girls in- Team. They are wonderful role models for the tional Team from 1993±94, winning the Inter- creased by almost 24 percent between 1987 girls and women of America and the world. national Women's Tournament in Montricoux, and 1998ÐI predict that this percentage will They have contributed immensely to women's France in 1993. rise significantly over the next year. sports, and we owe them a debt of gratitude. College: Winner of the 1995 Missouri Ath- I send my aloha and heartfelt congratula- Mrs. FOWLER. Mr. Speaker, I rise in sup- letic Club Award and the 1995 Hermann tions to each and every one of the team mem- port of House Resolution 241 and offer my Award as college soccer's top player *** bers. Michele Akers, Brandi Chastain, Joy hearty congratulations to the United States The 1995 Soccer America Player of the Fawcett, Julie Foudy, Mia Hamm, Kristine Women's Soccer Team. Their perseverance Year *** Lilly, and Carla Overbeck deserve special and grace on the field was a testament to the Won the 1995 Bill Hayward Award as Or- mention as they are all veterans of the 1991 spirit of the American women. The crowd they egon's Top Female Amateur Athlete *** Women's World Cup victoryÐa victory that drew to the Rose BowlÐmore than 90,000 Finalist for the MAC Award and Hermann was largely overlooked by the media and pub- people, the largest ever to watch a women's Trophy in 1993±94 *** lic. This team also won a gold medal at the sporting eventÐshows how far women's pro- All four-time All-American, All-Far West Re- 1996 Olympics in Atlanta, where they were fessional sports have come. gion First Team and West Coast Conference again virtually ignored by the media. Among that crowd and in the vast inter- selection from 1992±95 at the University of But all of that has changed. Women's soc- national television audience were thousands of Portland *** cer is here to stay and the number of players young girls, who play in local soccer leagues Second on the team in goals scored with 22 and fans will continue to grow. We can all look and on school teams. The U.S. Women's in 1994 behind U.S. teammate Tiffeny forward to seeing this championship team Team could not have provided better role Milbrett *** again at the 2000 Olympics in Sydney, where models and I commend them for the contribu- Missed four games in 1994 due to a broken the media will no longer dare to ignore wom- tion they have made to those young lives. bone in her left foot, had a pin inserted into en's soccer. I hope these ladies will accept our invitation, the foot and returned to the starting line-up 13 This is also a victory for Congress and a so that we may give them our thanks in-per- days later *** testament for the power of this institution to son. The 1993 and 1995 University of Portland change our nation for the better. Mia Hamm, Mr. CUNNINGHAM. Mr. Speaker, I rise Female Athlete of the Year *** one of women's soccer's brightest stars, was today to congratulate the U.S. Women's Soc- Completed her sophomore season in 1993 born in 1972Ðthe same year Title IX became cer Team. Once again, they have proven to as the women's NCAA Division I scoring lead- law. Without Title IX, she and many of the be the world's best by winning the 1999 Wom- er with 23 goals and 12 assists while starting other team members who brought such pride en's World Cup tournament. all 21 games *** Last Saturday, 90,185 spectators in the to all Americans might never have had the op- She finished her freshman year in 1992 as Rose Bowl and millions of Americans via-tele- portunity to develop their talent for and love of the highest scoring freshman in the nation and vision watched the U.S. women's soccer team the sport. fourth leading scorer overall with 19 When Edith Green and I drafted the original defeat the People's Republic of China to earn goals *** language for Title IX some 28 years ago, pro- the Women's World Cup title. Their victory has The WCC Freshman of the Year, she was hibiting discrimination on the basis of sex in captured the hearts of our nation and helped Second-Team NSCAA All-American and was raise awareness of women's sports nation- educational programs receiving federal finan- wide. As role models to millions of young voted to Soccer America's All-Freshman cial assistance, we dreamed that someday women across America, the U.S. Women's Team. girls would enjoy equal access to academic Soccer Team members stress teamwork and Miscellaneous: Attended San Pasqual High and athletic opportunities in our schools. We commitment and are true American sports he- School in Escondido, Calif., where she was a are not there yet, but the achievements of and roes. three-year letterwinner *** excitement generated by the U.S. Women's I want to personally congratulate my 51st Named as the honorary captain of the San Soccer Team shows that we are on our way. District constituent, Shannon MacMillan of Es- Diego Union-Tribune All-Academic team * * * No longer can anyone say that girls don't de- condido, Calif. Shannon plays forward and has Played club soccer for La Jolla Nomads, serve equal opportunity in athletics because been an integral part of the winning U.S. which won the state club championship two they don't have the interest or aptitude. team. Her career highlights, which I have at- consecutive years, 1991 and 1992, winning Mr. DREIER. Mr. Speaker, I rise today in tached below, reminds us of her many accom- the Western Regionals in 1991 before going strong support of H. Res. 244, to honor and plishments with the U.S. National team and on to finish second at the national congratulate our United States Women's Soc- her heroics in the 1996 Olympics. championships *** cer Team. The hard work, strength, determina- To Shannon and all of the women of the Played 1996 and '97 seasons in the Japa- tion and talent exhibited by these women cap- 1999 Women's World Cup championship nese women's professional league with Shiroki tures the American spirit. It is this type of spirit team, I say congratulations for a job well Serena alongside college and national team that inspires us all to never give up on our done. teammate Tiffeny Milbrett *** dreams. In a sport that is not traditionally an CAREER HIGHLIGHTS OF SHANNON ANN MAC MILLAN Majored in social work at Portland *** American strong suit, these women worked Currently an assistant women's soccer U.S. SOCCER FEDERATION tirelessly to attain a dream and awoke to U.S. Team: A member of the U.S. gold coach at Portland, helping the team to the 90,000 cheering fans helping make that dream medal winning team at both the 1998 Goodwill NCAA Final Four in 1998, her first year on the a reality. Games and 1996 Olympics *** bench. As a Southern Californian, I am particularly Led the Olympic Team with three goals in Mrs. MINK of Hawaii. Mr. Speaker, today pleased that the Pasadena Rose Bowl played their five matches, including the match-win- we celebrate a great victory not only for the host to the World Cup finals. I was also hon- ners against Sweden and Norway *** U.S. Women's Soccer Team, which has just ored to have the U.S. women's team grace Her ``Golden Goal'' against Norway was one won its second World Cup, but for girls and the field of Pomona-Pitzer College in my con- of the most important in U.S. Soccer history, women throughout our Nation. gressional district to practice their talents. putting the USA into the Olympic final and The Women's World Cup finals, held this These women demonstrated ``grace under avenging the loss at the 1995 FIFA Women's past Saturday, July 10, 1999, in Los Angeles, fire'' and were ``class acts'' in their representa- World Cup *** drew more than 90,000 spectators in the tion of the United States. They set an example Appeared on the cover of Sport Illustrated's stands and some 40 million television view- that all U.S. teams and Americans should as- daily Olympic issue after her goal against ersÐthe largest audience ever for a women- pire to emulate. I look forward to cheering Norway *** only sporting event! these women on in Sydney next summer as Originally left off the roster for residential The 20 members of the U.S. Women's Soc- the United States defends its gold medal. I am training camp leading up to the Olympics, she cer Team have won passionate fans not just confident that these women will, once again, battled her way back onto the team and into among the 2.5 million girls playing soccer in make America proud. the starting lineup *** the United States but among all Americans. The SPEAKER pro tempore. The The youngest member of the U.S. Women's These healthy, strong, disciplined, and exciting question is on the motion offered by National Team that won the silver medal at athletes are wonderful role models for our na- the gentlewoman from Illinois (Mrs. July 13, 1999 CONGRESSIONAL RECORD — HOUSE H5383

BIGGERT) that the House suspend the open rule for H.R. 2465, the Fiscal Year priations for military construction rules and agree to the resolution, H. 2000 Military Construction Appropria- worldwide. Res. 244. tions Act. The rule provides for 1 hour As my colleague from North Carolina The question was taken; and (two- of general debate equally divided be- has explained, this rule will provide for thirds having voted in favor thereof) tween the Chairman and Ranking Mi- debate to be controlled and directed the rules were suspended and the reso- nority Member of the Committee on and divided by the Chairman and lution was agreed to. Appropriations. Ranking Minority Member of the Com- A motion to reconsider was laid on The rule waives clause 2 of House mittee on Appropriations. Under this the table. rule XXI, prohibiting unauthorized or rule, germane amendments will be al- f legislative provisions in a general ap- lowed under the 5-minute rule, which is PROVIDING FOR CONSIDERATION propriations bill, against provisions in the normal amending process in the OF H.R. 2465, MILITARY CON- the bill. House. STRUCTION APPROPRIATIONS The rule authorizes the Chair to ac- All Members on both sides of the ACT, 2000 cord priority and recognition to Mem- aisle will have the opportunity to offer bers who have preprinted their amend- amendments. This bill funds a range of Mrs. MYRICK. Mr. Speaker, by direc- ments in the CONGRESSIONAL RECORD. construction projects on military tion of the Committee on Rules, I call The rule allows the Chairman of the bases, including barracks, housing for up House Resolution 242 and ask for its Committee of the Whole to postpone military families, hospitals, training immediate consideration. votes during consideration of the bill facilities, and other buildings that sup- The Clerk read the resolution, as fol- and to reduce votes to 5 minutes on a port the missions of our armed serv- lows: postponed question if the vote follows a ices. The bill also funds activities nec- H. RES. 242 15-minute vote. essary to carry out the last two rounds Resolved, That at any time after the adop- Finally, the rule provides for one mo- tion of this resolution the Speaker may, pur- of base closings and realignments. suant to clause 2(b) of rule XVIII, declare the tion to recommit, with or without in- Modern facilities are necessary to House resolved into the Committee of the structions. maintain our national defense. New Whole House on the state of the Union for Mr. Speaker, the United States’ mili- buildings can increase efficiency and consideration of the bill (H.R. 2465) making tary is clearly the best in the world. improve morale. The money spent in appropriations for military construction, The young men and women in our this bill is a long-term investment in family housing, and base realignment and Army, Navy, Air Force, and Marines our defense capabilities. closure for the Department of Defense for are thoroughly dedicated and patriotic The bill contains $39 billion for the fiscal year ending September 30, 2000, and for other purposes. The first reading of the professionals, the best our Nation has Wright-Patterson Air Force Base, bill shall be dispensed with. General debate to offer. which is partially in my district and shall be confined to the bill, and shall not ex- So how do we reward them? We pay partially in the 7th District that is ceed one hour equally divided and controlled them with wages so low that many held by the gentleman from Ohio (Mr. by the chairman and ranking minority mem- military families are forced to eat with HOBSON), my colleague, the chairman ber of the Committee on Appropriations. food stamps, and we lodge them in sub- of the Subcommittee on Military Con- After general debate the bill shall be consid- standard World War II era housing. struction. ered for amendment under the five-minute These, among other reasons, are why Two of the Wright-Patterson projects rule. Points of order against provisions in the bill for failure to comply with clause 2 of we are losing good men and women who funded in the bill are much-needed lab- rule XXI are waived. During consideration of stop serving their country because the oratories that will develop new tech- the bill for amendment, the Chairman of the hardships on their families are so nology for the weapons systems of the Committee of the Whole may accord priority great. This is inexcusable, and Con- 21st century. The work in these build- in recognition on the basis of whether the gress has been working hard to do ings will continue a long tradition of Member offering an amendment has caused something about it. This year we have military aviation research in the it to be printed in the portion of the Con- passed a 4.8 percent military pay raise, Miami Valley, Ohio, going back to the gressional Record designated for that pur- pose in clause 8 of rule XVIII. Amendments and with this bill we will improve mili- days of the Wright brothers. so printed shall be considered as read. The tary housing. I commend the gentleman from Ohio Chairman of the Committee of the Whole H.R. 2465 provides $747 million for (Mr. HOBSON), the chairman of the sub- may: (1) postpone until a time during further new housing construction and $2.8 bil- committee, and the gentleman from consideration in the Committee of the Whole lion for the operation and improvement Massachusetts (Mr. OLVER), the rank- a request for a recorded vote on any amend- of existing housing. The bill also pro- ing minority member, for their work in ment; and (2) reduce to five minutes the min- vides $964 million for barracks and crafting the bill and bringing it to the imum time for electronic voting on any post- poned question that follows another elec- medical facilities for troops and their floor. tronic vote without intervening business, families. The bill was approved by the Com- provided that the minimum time for elec- Finally, because of an increase in mittee on Appropriations on a voice tronic voting on the first in any series of two-income and single-parent families, vote. It has support on both sides of the questions shall be 15 minutes. At the conclu- the bill provides $21 million for child aisle. It is an open rule. It was adopted sion of consideration of the bill for amend- development centers. by a voice vote of the Committee on ment the Committee shall rise and report Mr. Speaker, H. Res. 242 is an open Rules. the bill to the House with such amendments rule for a good, noncontroversial bill. I support the rule and the bill and as may have been adopted. The previous question shall be considered as ordered on In addition to taking care of our mili- urge its adoption. the bill and amendments thereto to final tary personnel, this bill is good for the Mr. Speaker, I reserve the balance of passage without intervening motion except environment. It includes $69 million for my time. one motion to recommit with or without in- environmental compliance programs. Mrs. MYRICK. Mr. Speaker, I yield structions. I urge my colleagues to support this 11⁄2 minutes to the gentleman from The SPEAKER pro tempore. The gen- rule and to support the underlying leg- Florida (Mr. GOSS), the distinguished tlewoman from North Carolina (Mrs. islation. chairman of the Permanent Select MYRICK) is recognized for 1 hour. Mr. Speaker, I reserve the balance of Committee on Intelligence. Mrs. MYRICK. Mr. Speaker, for the my time. (Mr. GOSS asked and was given per- purpose of debate only, I yield the cus- Mr. HALL of Ohio. Mr. Speaker, I mission to revise and extend his re- tomary 30 minutes to the gentleman yield myself such time as I may con- marks.) from Ohio (Mr. HALL) pending which I sume. Mr. GOSS. Mr. Speaker, I thank the yield myself such time as I may con- Mr. Speaker, I want to thank the gentlewoman from North Carolina for sume. Mr. Speaker, during consider- gentlewoman from North Carolina yielding me the time. ation of this resolution, all time yield- (Mrs. MYRICK) for yielding me the time. Mr. Speaker, I want to rise in very ed is for the purpose of debate only. Mr. Speaker, this is an open rule. It strong support of this open rule, yet Mr. Speaker, yesterday the Com- will allow for consideration of H.R. another open rule, from the Committee mittee on Rules met and granted an 2465, which is a bill that makes appro- on Rules under the leadership of the H5384 CONGRESSIONAL RECORD — HOUSE July 13, 1999 gentleman from California (Chairman dispensed with. Points of order against con- lated Agencies for fiscal year 2000, an DREIER). sideration of the bill for failure to comply open rule waiving points of order While the Military Construction Ap- with section 306 or 401 of the Congressional against consideration of the bill for propriations Bill is obviously one of Budget Act of 1974 are waived. General de- failure to comply with sections 306 or bate shall be confined to the bill and shall the least controversial bills this House not exceed one hour equally divided and con- 401 of the Congressional Budget Act. takes up every year in appropriations, trolled by the chairman and ranking minor- The rule provides 1 hour of general it is critically important for our men ity member of the Committee on Appropria- debate to be equally divided between and women in uniform and their fami- tions. After general debate the bill shall be the chairman and ranking minority lies. considered for amendment under the five- member of the Committee on Appro- Quality-of-life issues are always im- minute rule. Points of order against provi- priations. The rule waives clause 2 of portant for every American, but for sions in the bill for failure to comply with rule XXI, prohibiting unauthorized or clause 2 of rule XXI are waived except as fol- these people in the military, these legislative provisions in an appropria- lows: beginning with ‘‘Provided’’ on page 37, tions bill, against provisions in the bill quality-of-life issues have become even line 23, through the closing quotation mark more problematical in recent years be- on page 38, line 13; beginning with ‘‘Provided’’ except as otherwise specified in the cause the Clinton administration has on page 59, line 13, through 22; beginning rule. asked our troops to do much more with with ‘‘and such new’’ on page 76, line 16, Mr. Speaker, the rule also makes in much less. In some cases, our troops through 22; and page 80, line 11, through order the amendment printed in the and their families are simply not being ‘‘funding agreements’’ on line 23. Where Committee on Rules report which may properly provided for. This is no secret, points of order are waived against part of a be offered only by a Member designated paragraph, points of order against a provi- but it is a shame, and it is time we did in the report, shall be considered as sion in another part of such paragraph may read, shall not be subject to amend- something about it. be made only against such provision and not I was, therefore, disappointed with ment and shall not be subject to a de- against the entire paragraph. The amend- mand for division of the question in the the Clinton/Gore administration budg- ment printed in the report of the Committee et request for military construction. It on Rules accompanying this resolution may House or in the Committee of the is yet another example of the neglect be offered only by a Member designated in Whole. The rule waives all points of of our Armed Forces under this admin- the report, shall be considered as read, shall order against the amendment printed istration at the same time the adminis- not be subject to amendment, and shall not in the Committee on Rules report. be subject to a demand for division of the The rule further waives clause 2(e) of tration misuses those forces to bail out question in the House or in the Committee of rule XXI, prohibiting nonemergency their misguided policies. the Whole. All points of order against that designated amendments to be offered b 1115 amendment are waived. During consider- to an appropriations bill containing an ation of the bill for amendment, the Chair- emergency designation, against amend- I am pleased that the bill before us man of the Committee of the Whole may ac- corrects several shortcomings in the cord priority in recognition on the basis of ments offered during consideration of administration’s request. For example, whether the Member offering an amendment the bill. it provides $1.6 billion more than the has caused it to be printed in the portion of The rule authorizes the Chair to ac- administration’s request for military the Congressional Record designated for that cord priority in recognition to Mem- construction and a half billion more purpose in clause 8 of rule XVIII. Amend- bers who have preprinted their amend- than the administration’s request for ments so printed shall be considered as read. ments in the CONGRESSIONAL RECORD. The chairman of the Committee of the Whole family housing. That is, the spouses It also allows for the Chairman of the may: (1) postpone until a time during further Committee of the Whole to postpone and children. I want to commend the consideration in the Committee of the Whole Committee on Appropriations for its votes during consideration of the bill a request for a recorded vote on any amend- and to reduce votes to 5 minutes on a work and encourage my colleagues to ment; and (2) reduce to five minutes the min- support this rule, another fair, open imum time for electronic voting on any post- postponed question if the vote follows a rule and a good appropriations bill. poned question that follows another elec- 15-minute vote. Finally, the rule provides one motion Mr. HALL of Ohio. Mr. Speaker, I tronic vote without intervening business, to recommit, with or without instruc- yield back the balance of my time. provided that the minimum time for elec- tions. Mrs. MYRICK. Mr. Speaker, I yield tronic voting on the first in any series of questions shall be 15 minutes. During consid- Mr. Speaker, H.R. 2466 would provide back the balance of my time, and I eration of the bill, points of order against regular annual appropriations for the move the previous question on the res- amendments for failure to comply with Department of the Interior and for olution. clause 2(e) of rule XXI are waived. At the other related agencies, including the The previous question was ordered. conclusion of consideration of the bill for Forest Service, the Department of En- The resolution was agreed to. amendment the Committee shall rise and re- port the bill to the House with such amend- ergy, the Indian Health Service, the A motion to reconsider was laid on Smithsonian Institution and the Na- the table. ments as may have been adopted. The pre- vious question shall be considered as ordered tional Endowment for the Arts and the f on the bill and amendments thereto to final Humanities. PROVIDING FOR CONSIDERATION passage without intervening motion except The Subcommittee on Interior was OF H.R. 2466, DEPARTMENT OF one motion to recommit with or without in- originally allocated $11.3 billion, a 19 THE INTERIOR AND RELATED structions. percent decrease in funding from last AGENCIES APPROPRIATIONS The SPEAKER pro tempore (Mr. year. Last week, the subcommittee re- ACT, 2000 PEASE). The gentleman from Wash- ceived a $2.7 billion increase in funding ington (Mr. HASTINGS) is recognized for over this mark made possible by sell- Mr. HASTINGS of Washington. Mr. 1 hour. ing the electromagnetic spectrum Speaker, by direction of the Com- Mr. HASTINGS of Washington. Mr. sooner than was expected. mittee on Rules, I call up House Reso- Speaker, for the purpose of debate The bill provides $14.1 billion in budg- lution 243 and ask for its immediate only, I yield the customary 30 minutes etary authority for fiscal year 2000, consideration. to the distinguished gentlewoman from $200 million below last year’s level and The Clerk read the resolution, as fol- New York (Ms. SLAUGHTER), pending $1.1 billion below the President’s re- lows: which I yield myself such time as I quest. H. RES. 243 may consume. During consideration of Mr. Speaker, every year millions of Resolved, That at any time after the adop- this resolution, all time yielded is for Americans enjoy the world renowned tion of this resolution the Speaker may, pur- the purpose of debate only. parks, forests, wildlife refuges and suant to clause 2(b) of rule XVIII, declare the (Mr. HASTINGS of Washington asked other facilities funded in this bill. In House resolved into the Committee of the and was given permission to revise and addition, H.R. 2466 would do much to Whole House on the state of the Union for enhance, develop and protect our Na- consideration of the bill (H.R. 2466) making extend his remarks.) appropriations for the Department of the In- Mr. HASTINGS of Washington. Mr. tion’s abundant natural resources in an terior and related agencies for the fiscal year Speaker, H. Res. 243 would grant H.R. environmentally responsible way and ending September 30, 2000, and for other pur- 2466, a bill making appropriations for do so while staying within the overall poses. The first reading of the bill shall be the Department of the Interior and Re- discretionary spending caps. July 13, 1999 CONGRESSIONAL RECORD — HOUSE H5385

The Committee on Rules was pleased Mr. DREIER. Mr. Speaker, I thank from California (Mr. CAMPBELL), the to grant the request of the gentleman my friend from Washington for his typ- gentleman from Pennsylvania (Mr. from Florida (Mr. YOUNG) for an open ical superb job in managing this rule. HOEFFEL) and the gentleman from New rule which will make it possible for It is a very fair, balanced and open Jersey (Mr. HOLT), I will be proposing Members seeking to improve this bill rule. It is nice to see that, because as to provide a very modest $30 million to the fullest opportunity to offer their my good friend the gentleman from the stateside program of the Land and amendments during House consider- Ohio (Mr. REGULA) knows, in years past Water Conservation Fund. ation of H.R. 2466. Accordingly, Mr. we have had slightly controversial The stateside program has broad bi- Speaker, I encourage my colleagues to rules as we have dealt with this very partisan support but unfortunately it support both H. Res. 243 and the under- important Interior appropriations bill. receives no funding under the Interior lying bill. I want to say that every year, mil- appropriations bill before us today. The Mr. Speaker, I reserve the balance of lions of Americans and foreign tourists U.S. Conference of Mayors, the Na- my time. as well come and enjoy our renowned tional Association of Counties, the Na- Ms. SLAUGHTER. Mr. Speaker, I park system. In my important talking tional Governors Association, and re- thank the gentleman from Washington points here, the Florida Everglades are gional governors associations from (Mr. HASTINGS) for yielding me the mentioned out of respect to my friend across the country support stateside time, and I yield myself such time as I from Sanibel, FL (Mr. GOSS) the vice funding. may consume. chairman of the Committee on Rules. In addition, groups as wide ranging Mr. Speaker, this is an open rule pro- And also the Angeles National Forest as the National Association of Realtors viding for consideration of the Interior which according to the gentleman from and the Wilderness Society are strong- and Related Agencies Appropriations Ohio is in fact the most utilized of our ly supporting our amendment. The Act. This bill helps the people of this National Forest Service system. That League of Conservation Voters, the Si- Nation and the world to enjoy some of is why this bill itself is very, very im- erra Club and the Appalachian Moun- the most spectacular natural beauty portant. tain Club have expressed their strong that Mother Nature has to offer. It also One of the other things that I think support. The time to act is now. We helps us to be wise stewards of those we need to touch on that is key is the have an opportunity to make a very natural resources. The bill also pro- focus on dealing with fires which has clear statement in this House today vides important assistance for Native been a real issue for us in the Angeles that States and local communities de- Americans in health care and edu- National Forest. Obviously the funding serve the land and water conservation cation. And the bill funds two of the that has been placed into this bill by funding that they are owed. They de- most valuable and unusual Federal the gentleman from Ohio is going to be serve the support of this Congress. agencies that produce revenue for the helpful in dealing with that. b 1130 United States instead of just taking it I want to raise one other issue that I As my colleagues know, there has and have been proven to enhance and discussed with the gentleman from been a lot of talk on both sides of the improve education and the SAT scores Ohio when he testified yesterday after- aisle about livable communities and for students. We know now that any noon before the Committee on Rules. ways to protect open space for future child who studies art for 4 years in That has to do with the issue of the ad- generations. Today Members of Con- high school, that their SAT scores go venture pass. There has been a lot of gress will have the opportunity to put up around 59 points. That is cheap at concern raised in the San Gabriel Val- those words into action. I look forward the price, Mr. Speaker. I am speaking ley in eastern Los Angeles County to the debate on this issue when we of the National Endowment for the Hu- about the adventure pass. As the gen- consider the bill, and again I want to manities and the National Endowment tleman from Ohio appropriately point- thank the gentlewoman from New for the Arts. As the chairwoman of the ed out yesterday, it is a pilot program York for having yielded this time to Congressional Arts Caucus, I have that is under way right now. But the me, and I urge my colleagues to sup- spent a great deal of time and effort concern that has been raised by a num- port the rule and to support the Land encouraging my colleagues to ade- ber of my constituents has been the and Water Conservation Fund amend- quately fund these important agencies fact that they have not yet been able ment. which give us back so much. to see tangible evidence that the re- Mr. HASTINGS of Washington. Mr. The arts and humanities tell us who sources that have come in from the use Speaker, I yield 3 minutes to the gen- we were and who we are and who we of that adventure pass have in fact tleman from Ohio (Mr. REGULA), the hope to be. They help us to understand gone towards improvement or dealing distinguished chairman of the Sub- an increasingly complex world and help with the Angeles National Forest committee on Interior. our children and youth express their itself. And so I want to take a very (Mr. REGULA asked and was given hopes and dreams through creative ex- close look at this program. We know permission to revise and extend his re- pression. Most importantly, they get that it is well-intentioned and the idea marks.) our youth ready for what we want, the of having a user fee rather than taxing Mr. REGULA. Mr. Speaker, I thank smartest and brightest students in the people who do not in any way utilize the gentleman for yielding this time to next century. Exposure to modern some kind of service is again laudable me. dance increases their math scores, and but we want to make sure that that fee I would just like to point out to my the way to best learn about computers that is there in fact does go to address colleagues that even though we are $200 is to learn to play piano. These are not the needs of those who are in fact pay- million under the enacted number for wild notions but are well-proven facts. ing for that pass. And so I want to see fiscal year 1999, we are adding 99 mil- I expect to offer an amendment to help us move ahead. lion additional dollars over last year these important agencies continue There are a number of, I think, very for the parks, $200 million for Indian their vital mission, bringing artistic important questions that need to be education and health programs, $205 expression and an understanding of the raised, but I do want to congratulate million for high priority land acquisi- human condition to the villages and again the gentleman from Ohio and all tion, $33 million for national wildlife cities and nooks and crannies of this of our colleagues who have worked long refuges, $114 million for Everglade res- Nation from sea to shining sea, Mr. and hard on this bill. toration, and we have tried hard to Speaker. Ms. SLAUGHTER. Mr. Speaker, I have a bill that is balanced, it is non- Mr. Speaker, I reserve the balance of yield 21⁄2 minutes to the gentleman partisan, it is fair, and it recognizes my time. from Massachusetts (Mr. MCGOVERN). the fact that the public lands, which Mr. HASTINGS of Washington. Mr. Mr. MCGOVERN. I want to thank the are about 30 percent of the United Speaker, I am pleased to yield such gentlewoman for yielding me this time. States that we provide the funding in time as he may consume to the distin- Mr. Speaker, I rise today in support this bill, are being dealt with in a re- guished gentleman from California of this rule and to alert my colleagues sponsible way. (Mr. DREIER) chairman of the Com- to an amendment that I will be offering In light of the comments by the mittee on Rules. later today. Along with the gentleman chairman of the Committee on Rules, I H5386 CONGRESSIONAL RECORD — HOUSE July 13, 1999 thought it was interesting: Our sub- Florida, which is why I take this time. I look forward to the opportunity to committee visited last week Olympic It is the vehicle for the crucial Ever- resolve some of those controversies and National Forest and park areas, and glades restoration funds to meet the move forward on this important legis- they have signs up for the various Federal commitment of our ongoing ef- lation. I applaud the gentleman from projects. It said, this project up on the fort to restore and preserve for future Ohio (Mr. REGULA) and Members of the Hurricane Ridge where they are generations the unique River of Grass Committee on Appropriations for their redoing the center for the visitors, we know and love. hard work at this point. ‘‘This project being financed by your The bill provides $114 million for the Mr. REGULA. Mr. Speaker, will the fees,’’ and I think it is a very good way Everglades, which includes land acqui- gentleman yield? to tell the story of how the fees are sition, improved water delivery and Ev- Mr. GOSS. Mr. Speaker, I yield such being used, which was our intent to en- erglades park management. Under the time as he may consume to the distin- hance the visitors’ experience. And I leadership of the Interior Appropria- guished gentleman from Ohio. thought it was also interesting that tions Subcommittee, the House has Mr. REGULA. Mr. Speaker, I thank they had a little can there that people consistently led the charge on restor- the gentleman for yielding this time to can put in some extra money, and it ing the Everglades, and I am proud of me and just wanted to reemphasize on was getting filled up also. So it says that, and this year is no different. the Everglades that we have put a con- the people, in addition to paying fees, I want to commend the gentleman dition in here to ensure that in the are so happy with what is being done from Ohio (Mr. REGULA) for his atten- long haul that the water will be avail- that they wanted to contribute some tion to this unique national treasure able to protect the Everglades because additional money. and his personal visits to the area to that is the primary responsibility of The other subject that he mentioned, understand it, and I note the irony that the American taxpayer, and the reason and appropriately so, was the fire almost as we are speaking today Presi- they are going to spend 7 to $10 billion issue. We have $561 million in here for dent Clinton is in Florida at a very ex- of taxpayers’ money from all across the wildfire fighting. But I think a pro- clusive high roller fund-raising event country is to ensure the protection of gram we have innovated that I like, that is held by one of the special inter- the Everglades, and we tried do that and that is we get the local fire depart- est groups that has not been enthusi- with the language in the bill. ments, the adjacent cities and villages astic about our efforts to deal with the Mr. GOSS. Reclaiming my time, Mr. to participate by providing a training Everglades, as we propose to do in this Speaker, part of my applause for the program, $29 million to train these legislation. chairman’s efforts is his understanding local firefighters how to deal with for- So this bill comes at a very good of all the intricate issues and complex- est fires, and they can be on call to time. ities that are involved. I think he has Also, vital to Florida’s economy and provide assistance, if necessary, to the handled them well. I congratulate him our national commitment to wise stew- firefighters that are part of the agency on that, and I know that under his ardship of natural resources is the an- itself. It is working out very well. And, leadership we are going to keep this on nual outer continental shelf oil and gas of course, it is important because fires course. exploration moratorium, which pro- in a forest or a park for that matter I urge support of the rule, and I urge tects our fragile coastline. Again, Flor- can spread beyond the borders. We have support of the bill. ida takes great pride in its coastline, seen that a lot in California. And by Ms. SLAUGHTER. Mr. Speaker, I getting the local fire fighting agencies and we are very concerned about oil yield 11⁄2 minutes to the gentleman as part of a cooperative agreement we slicks and pollution. Each year for the from West Virginia (Mr. RAHALL). really maximize the forces and the last 13 years Congress has passed this Mr. RAHALL. Mr. Speaker, I thank ability to deal with what is a serious moratorium. I am very pleased that the gentlewoman for yielding this time threat, and it enables the agencies to this year’s bill continues that effort. to me. not commit quite as much of their And I must note the chairman of the Mr. Speaker, I rise support of this funds. Committee on Appropriations, the gen- So, on balance, I hope my colleagues tleman from Florida (Mr. YOUNG), rule, and I wish to particularly com- will look at the issues in this bill and started this process many years ago, mend the gentleman from Ohio (Mr. judge it for what it is, which is a very and it has been ably picked up by the REGULA), my good friend, the Sub- good bill, very responsible and very gentleman from Ohio (Mr. REGULA). We committee on Interior chairman, as fair. believe this is a good temporary solu- well as the gentleman from Wash- Mr. HASTINGS of Washington. Mr. tion, but we think we can find a more ington (Mr. DICKS), the ranking mem- ber. These gentleman have had to wres- Speaker, I yield 21⁄2 minutes to the dis- precise and permanent solution to the tinguished gentleman from Florida question of oil drilling off Florida’s tle hard with severe caps and meeting (Mr. GOSS), the distinguished vice coast. their responsibilities; and to the gen- chairman of the Committee on Rules. I have introduced H.R. 33 which tleman from Ohio (Mr. REGULA) in par- (Mr. GOSS asked and was given per- would create a Federal State task force ticular I say I am indebted to him on mission to revise and extend his re- to review the relevant scientific and behalf of the coalfield residents marks.) environmental data and then make a throughout this country for the $11 Mr. GOSS. Mr. Speaker, I thank my recommendation to the Secretary of million increase in Abandoned Mine able friend from Washington (Mr. Interior for permanent policy. I believe Land funding. HASTINGS), my colleague on the Com- this approach offers a number of bene- And I also want to say to the gen- mittee on Rules, who does such a good fits, including making Florida a key tleman from Ohio that many of us ap- job with yet another fair and open rule. player in the decision that will have preciate his support for the Heritage The interior appropriations bill is an great impact on our State, relying on Area program, citizens working to- important bill, as the gentleman from scientific data rather than rhetoric and gether from the grassroots to celebrate Ohio (Mr. REGULA) just said. It pro- affording us the opportunity to insti- and promote their heritage. I am in- vides funding for the agencies involved tute a more precise policy than our debted to the gentleman from Ohio for in protecting our national resources for current moratorium year to year. funding this worthy program as well. future generations for our children, as The House Committee on Resources In conclusion, I like to draw atten- it were. is scheduled to have a hearing on this tion to three amendments that will be I am pleased that even though this bill the first week in August, and I re- offered to the bill today. One seeks to bill frugally spends several billion less main hopeful we can move forward on strike the funding limitation it carries than last year it still provides ade- this critically important issue to our for the American Heritage Rivers pro- quate funding for the national parks, State. Of course, there are some issues gram. One of these heritage rivers national forest system and the na- in the Interior bill that remain con- flows through my congressional dis- tional wildlife refuges, which is the troversial, and that will certainly be trict, the New River. I cannot tell my purpose of it. The Interior bill is espe- the subject of some debate later this colleagues how much excitement this cially important for my home State of afternoon. designation has generated from local July 13, 1999 CONGRESSIONAL RECORD — HOUSE H5387 citizens, community leaders and cham- GENERAL LEAVE their assistance and interest in putting bers of commerce. I urge support of Mr. HOBSON. Mr. Speaker, I ask together this year’s bill. this amendment. unanimous consent that all Members The bill presented to the House today Another amendment to be offered by may have 5 legislative days within totals $8.5 billion, the same as last myself, the gentleman from Con- which to revise and extend their re- year’s enacted level, and it is $141 mil- necticut (Mr. SHAYS) and the gen- marks and that I may include tabular lion below this year’s House passed au- tleman from Washington (Mr. INSLEE) and extraneous material on the bill thorization bill. seeks to maintain some semblance of (H.R. 2465) making appropriations for The bill is within the 302(b) alloca- sanity in the mining law program. It is military construction, family housing, my hope that perhaps the gentleman tion for both budget authority and out- and base realignment and closure for lays, and it is in contrast to the admin- from Ohio (Mr. REGULA) will be kind to the Department of Defense for the fis- us when this amendment is offered. istration’s split funding budget re- cal year ending September 30, 2000, and quest, which proposed spreading $8.6 And the third amendment to be of- for other purposes. billion over two fiscal years. fered by the gentleman from Vermont The SPEAKER pro tempore. Is there Considering the budget constraints (Mr. SANDERS) and myself and a cast of objection to the request of the gen- we worked under, the recommenda- thousands seeks to bolster funding for tleman from Ohio? tions before the House are solid and the low income weatherization pro- There was no objection. gram. This is so critically important to fully fund priority projects for the so many people who are struggling to f services and our troops. improve their lot in our society. I urge MILITARY CONSTRUCTION Within the $8.5 billion provided, we adoption of the rule, Mr. Speaker. APPROPRIATIONS ACT, 2000 have been able to address the true Ms. SLAUGHTER. Mr. Speaker , I needs of our troops by supporting The SPEAKER pro tempore. Pursu- have no further requests for time, and projects that improve their quality of ant to House Resolution 242 and rule I yield back the balance of my time. life as they serve to protect our coun- XVIII, the Chair declares the House in Mr. HASTINGS of Washington. Mr. try. These priorities include $800 mil- the Committee of the Whole House on Speaker, I yield back the balance of lion for troop housing, $21 million for the State of the Union for the consider- my time, and I move the previous ques- child development centers, $165 million ation of the bill, H.R. 2465. tion on the resolution. for hospital and medical facilities, $69 The previous question was ordered. b 1435 million for environmental compliance, The resolution was agreed to. $747 million for new family housing IN THE COMMITTEE OF THE WHOLE A motion to reconsider was laid on units and for improvements to existing Accordingly, the House resolved the table. units, and $2.8 billion for operation and itself into the Committee of the Whole maintenance of existing family hous- f House on the State of the Union for the ing units. We believe that these prior- consideration of the bill (H.R. 2465) RECESS ities reflect the need to provide our making appropriations for military military with quality housing, health The SPEAKER pro tempore (Mr. construction, family housing, and base care, and work facilities. PEASE). Pursuant to clause 12 of rule I, realignment and closure for the De- the Chair declares the House in recess partment of Defense for the fiscal year Also, by targeting adequate resources subject to the call of the Chair. ending September 30, 2000, and for for new child development centers, we Accordingly (at 11 o’clock and 40 other purposes, with Mr. GILLMOR in are recognizing the changing makeup minutes a.m.), the House stood in re- the chair. of our military force, with the rising cess subject to the call of the Chair. The Clerk read the title of the bill. number of single military parents and military personnel with working f The CHAIRMAN. Pursuant to the rule, the bill is considered as having spouses. b 1434 been read the first time. If we want to keep top-notch people Under the rule, the gentleman from in our military, then we have a reason- AFTER RECESS Ohio (Mr. HOBSON) and the gentleman able obligation to meet the needs of The recess having expired, the House in Massachusetts (Mr. OLVER) each will our troops. was called to order by the Speaker pro control 30 minutes. Again, I want to thank the gen- tempore (Mr. PEASE) at 2 o’clock and 34 The Chair recognizes the gentleman tleman from Massachusetts (Mr. minutes p.m. from Ohio (Mr. HOBSON). OLVER) and all the members of our sub- f Mr. HOBSON. Mr. Chairman, I yield committee for their hard work and ef- myself such time as I may consume. fort on this bill. REPORT ON RESOLUTION PRO- (Mr. HOBSON asked and was given In closing, I want to point out that VIDING FOR CONSIDERATION OF permission to revise and extend his re- we have put together an $8.5 billion H.R. 1691, RELIGIOUS LIBERTY marks.) PROTECTION ACT MILCON bill that is 3 percent of the Mr. HOBSON. Mr. Chairman, it is my total defense budget and equal to last Mrs. MYRICK, from the Committee pleasure to present the House rec- year’s enacted level. Most importantly, on Rules, submitted a privileged report ommendation for the Military Con- this $8.5 billion directly supports the (Rept. No. 106–229) on the resolution (H. struction Appropriations Bill for fiscal men and women in our armed services. Res. 245) providing for consideration of year 2000. the bill (H.R. 1691) to protect religious Let me begin by thanking the gen- Mr. Chairman, I urge my colleagues liberty, which was referred to the tleman from Massachusetts (Mr. to support this bill. House Calendar and ordered to be OLVER), my ranking member, and all Mr. Chairman, I include the following printed. the members of our subcommittee for material for the RECORD: H5388 CONGRESSIONAL RECORD — HOUSE July 13, 1999 July 13, 1999 CONGRESSIONAL RECORD — HOUSE H5389 H5390 CONGRESSIONAL RECORD — HOUSE July 13, 1999 Mr. Chairman, I reserve the balance Let me conclude by simply saying the evening news. Because it seems of my time. that this is a solid bipartisan bill that that, with the national press, if it is Mr. OLVER. Mr. Chairman, I yield deserves full support of the members of not conflict, it is simply not news. myself such time as I may consume. the committee as a whole and the Con- Well, my message to the American peo- Mr. Chairman, the gentleman from gress as a whole. ple is, if they watch this military con- Ohio (Mr. HOBSON) has put a great deal Mr. Chairman, I reserve the balance struction appropriations process, this of effort and leadership into this bill, of my time. is the way government should work. and I thank him. Mr. HOBSON. Mr. Chairman, I yield The gentleman from Ohio (Chairman I have also come to appreciate the such time as he may consume to the HOBSON) and the gentleman from Mas- tremendous job of the staff on both gentleman from California (Mr. sachusetts (Mr. OLVER), the ranking sides for the majority and the minor- MCKEON) a member of the Committee minority member, have put the inter- ity, the tremendous job and the hours on Armed Services. est of our military families, the inter- that they put in as a staff, and I want (Mr. MCKEON asked and was given est of a strong national defense, the in- to thank them, as well, but particu- permission to revise and extend his re- terest of our Nation above the interest larly our clerk on the majority side, marks.) of any partisanship. Because of that, Liz Dawson, and her assistants, and on Mr. MCKEON. Mr. Chairman, I urge there will not be great debate on this the minority side Tom Forhan for the all of my colleagues to support this bill floor and, consequently, many Ameri- minority side of the Subcommittee on that has been brought by the chairman cans will not know about the quality Military Construction. It has not been and ranking member. I want to com- product. But, most importantly, the easy balancing the dollars available mend them for the great work that people who will find out about it, the against the priority needs for the men they have done on this bill. men and women who are willing to put and women who serve our Nation, and Mr. Chairman, I want to begin by applaud- their lives on the line defending our they have served this subcommittee ing the Chairman and Ranking Member of the country in uniform, in combat, they and this Congress as a total well in Military Construction Subcommittee for what will be the winners from this legisla- their effort. they have done to ensure our military per- tion. This is a good bill and deserves our sonnel live and work in safe and quality facili- I think it is especially interesting to support. The military construction bill ties. H.R. 2465 provides $4.2 billion for military note, if we look at the supplemental serves as the guardian of the quality of construction projects and $3.6 million for fam- appropriations legislation that passed life of men and women who serve ily housing. This is $3 billion more than the this House several months ago, along America in the military and their fam- President had requested. I want to commend with this legislation, the end product is ilies whose lives are caught up in their the Chairman for his tremendous efforts. that the gentleman from Ohio (Mr. breadwinners’ service to the country. I also want to highlight an issue of great im- HOBSON) and the gentleman from Mas- This bill provides $8.5 billion to ad- portance to LancasterÐa major city in my dis- sachusetts (Mr. OLVER) working to- dress some of the most pressing needs trictÐand the military personnel in the state of gether have helped renew a real com- for better workplaces and housing for California. In the last five years the California mitment for quality-of-life programs these men and women in uniform. I National Guard has lost the leases on five ar- for our military families both here and wish that we could do more. We have a mories in the Los Angeles basin. This has led abroad. huge backlog with respect to oper- to severe overcrowding at the remaining ar- b 1445 ational and training facilities, the bar- mories. After examining 38 sites, the California racks for the single military personnel, National Guard chose the Antelope Valley I want to once again commend them the family housing, the daycare cen- Fairgrounds in the city of Lancaster as the site for taking an interest in an issue that ters, the health facilities. But we find for a new armory. does not have any political payoff back ourselves at the same spending level as Congress directed the Secretary of the home or in their districts, the interest last year; in other words, a frozen Army to submit a plan and schedule for the of providing better quality housing for budget at exactly the same level as the consolidation and replacement of existing ar- our men and women serving in uniform previous year. Still, the gentleman mories by January 15, 1999. In order to meet overseas. from Ohio (Chairman HOBSON) has done this schedule, the design and construction of I think the important message to an excellent and fair-minded job. the armory must take place in FY 2000. The come out of this bill, Mr. Chairman, is In the area of housing, for instance, City of Lancaster recently learned that it se- that wars are not won by technology we all agree that our military families cured $1 million in state funds for this project, alone. That is an important message deserve decent housing. The Presi- and now it needs the federal matching funds that we must remind ourselves and the dent’s budget request put a lot of reli- of $500,000 in FY 2000 and $2.5 million in FY American people. To win them, wars ance on the recent family housing pri- 2001 to ensure that the project is kept within require quality, well-motivated people. vatization program, but that pilot pro- the time frame of the consolidation plan. When we consider the number of people gram has had significant problems. I would be extremely grateful if the Sub- in our military that are married today, Some people see privatization as a committee would work with me to ensure this these quality of life issues, while they quick fix to address the unmet need for project can be completed on time. may not have defense subcontractor quality housing. But there have been Once again, I want to commend the gen- lobbyists from 40 States lobbying in false starts, and it is not at all clear tleman from Ohio for his efforts in drafting this their behalf, are at the heart and soul that all the specific privatization pro- important piece of legislation, and I urge all of of our building and strengthening our posals make long-term fiscal and budg- my colleagues to vote in favor of this bill. national defense structure in America. etary sense for us. Mr. OLVER. Mr. Chairman, I yield 3 The credit for that goes to the chair- In the short term, these problems minutes to the gentleman from Texas man and the ranking member and the with the privatization program have (Mr. EDWARDS), who is a member of the professional staff for the great work held up money appropriated for hous- Subcommittee on Military Construc- they have done. I commend them for ing; and the delays have really hurt the tion. their work. I just wish the American families that the program is supposed Mr. EDWARDS. Mr. Chairman, I people could turn on the television to- to help. The chairman very delib- thank the ranking member for yielding night and see Congress working on a erately tackled these problems head- me the time. bipartisan basis putting the interest of on, and I am happy that several Mr. Chairman, I primarily want to our country ahead of partisanship. projects are now going forward while rise to congratulate the leadership of Congratulations. we take a harder look at the whole pro- this committee and the professional Mr. HOBSON. Mr. Chairman, I yield 1 gram. staff for putting together a quality minute to the gentleman from Kansas At the same time, the bill before us product. (Mr. TIAHRT), a member of the sub- here today also includes traditional If I have any disappointment in this committee. MILCON housing and I believe keeps bill, it is simply that the American Mr. TIAHRT. Mr. Chairman, I could the housing program appropriately bal- people will see nothing of this debate stand here and talk to my colleagues anced, as it needs to be. and will not hear about this process on about the numbers that are included in July 13, 1999 CONGRESSIONAL RECORD — HOUSE H5391 this bill. But instead I want to tell demonstrate the courage, commitment and in Lincoln. The University's plans for expand- them about that mother of three who dedication that make our nation's defense the ing its classroom space are being hindered by will be able to come home to an apart- envy of the world. the Army Reserve's occupancy. Of late, the ment where the appliances work. She I want to thank the subcommittee for pro- desire of the University to reclaim the facility was in an apartment that was too ex- viding these men and women a quality of life has become more pressing. The Nebraska pensive, it was drafty, it was not safe that makes the burden of leaving their families Army Reserve needs to construct a new build- for her kids to play, but now she can behind a bit easier to bear. ing to serve as its center. come home to an apartment where I also rise the support this bill which appro- The Nebraska Army Reserve has identified they are safe. priates $8.5 billion for critical military construc- an alternative to the current situation, but it I want to tell them about that Ma- tion needs in fiscal year 2000 and want to ap- lacks the funding needed to get it out of the rine corporal, Corporal Mollet, who is plaud the chairman and ranking member for starting blocks. Therefore, $1.3 million is stationed in Iceland. Even though in what is in the bill before us: needed to proceed with land acquisition and to the winter months the daylight only Ð$4.2 billion for military construction, in- develop preliminary design specifications. This shows for 45 or 50 minutes, he can come cluding: $789 million for barracks construction, Member supports the Nebraska Army Re- home to a warm apartment where he $24 million for child development centers, serve's request for ``seed money'' in the can now exercise and keep in top shape. $165 million for hospital and medical facilities, amount of $1.3 million to fund the planning This bill is making life better for the and $497 million for Guard and Reserve com- and acquisition of land for this relocated Cen- young men and women that serve our ponents. ter. country. That is why I would urge all Ð$3.6 billion for family housing, including: Our colleges and universities have enough of my colleagues to support it. It is fis- $747 million for new construction and renova- challenges. Forcing them to delay, or work cally responsible and it does the right tion of family housing units and $2.8 billion for around, improvements to and expansion of thing. operation and maintenance of existing units. their programs should not be unnecessarily Mr. PORTER. Mr. Chairman, I rise in strong Ð$700 million for expenses related to base adding to those challenges. We ask our mili- support of this well crafted, balanced, and bi- realignment and closure. tary personnel to make enough sacrifices. De- partisan bill. This legislation, Mr. Chairman, is I also want to point out some of the projects priving them of modern, badly needed facilities fiscally conservative yet comprehensive. My included in this bill that will have such a posi- should not be one of them. good friend, the Gentleman from Ohio, Mr. tive impact on the defense installations in my While the bill before the House today does HOBSON, The Chairman of the Military Con- district such as; not include this funding request, this Member struction subcommittee, has authored a bill For the Patuxent River Naval Air Station: would note that the Senate version of the mili- that adheres to the budget caps while ade- $3.06 million for a ship & air test and evalua- tary construction appropriation, S. 1205, which quately addressing the needs of our armed tion facility, $1.5 million for a indoor firing was passed on June 16, 1999, by a vote of 97 services. range, and $4.15 million for an aircrew water to 2, already includes funding for this require- Chairman HOBSON faced a daunting chal- survival training facility. ment. lenge in crafting this legislation. The Adminis- For Fort Meade: $10.07 million for a sewage To bring the House measure into agreement tration's budget request represented the low- treatment plant. with Senate version, and for the reasons est nominal request for military construction In closing, I want to thank the subcommittee above, this Member urges the House con- since 1981. The Administration instead made for funding these military construction priorities fereesÐwho will be appointed to the con- the unprecedented request to defer funding to and for so effectively addressing the needs of ference on the Military Construction Appropria- future fiscal years through incremental, or for- our men and women in uniform and their fami- tions billÐto agree to the Senate's funding ward funding of projects. Furthermore, the Ad- lies. level of $1.3 million for the construction of a ministration requested no new family housing Mrs. CAPPS. Mr. Chairman, today I rise in new Army Reserve Center in Lincoln, Ne- projects through traditional military construc- support of H.R. 2465, the Military Construction tion, but rather asked for a vast expansion of braska, in the conference report for H.R. 2465. Appropriations Act for FY 2000. This important Mr. WICKER. Mr. Chairman, as a member the housing privatization pilot program without bipartisan legislation provides $8.5 billion for of the Military Construction Subcommittee, I first examining the effect that this would have military housing and addresses a variety of rise in support of this bill. Over the past upon local school districts that rely upon Im- quality of life issues for U.S. troops. months, the subcommittee has heard from pact Aid funding. I am pleased, Mr. Chairman, that this legis- It is time that we made basic improvements many members of our Nation's armed forces lation fully funds all military construction in base facilities to support our troops. H.R. and has traveled to bases at home and projects and reallocates funds from the privat- 2465 will address such quality of life issues in abroad to see first-hand the needs of our men ization pilot program to traditional military con- a number of ways. For example, the bill pro- and women in uniform. Their primary concern struction accounts. This would not have been vides almost $965 million for barracks, hos- has been the continued deterioration of the in- pitals and medical facilities, and $747 million possible without Chairman HOBSON's leader- frastructure which supports our defense mis- ship. He has helped to create a strong, bipar- for new housing units for troops and their fam- sion here and around the world. The Presi- tisan bill in the face of numerous obstacles. I ilies. dent's budget request for Fiscal Year 2000 did ask all Members to support this legislation. I am particularly pleased that H.R. 2465 in- little to alleviate these concerns. In response Mr. HOYER. Mr. Chairman, I rise in support cludes $16.8 million to continue a much-need- to his inadequate request, the Subcommittee of this bill and would like to commend the ed family housing project at Vandenberg Air added $3 billion more than the President, an work of both the chairman, Mr. HOBSON and Force Base in my district. Vandenberg is in increase of 56%. the ranking member, Mr. OLVER. the process of building 108 two, three, and Our efforts are aimed at providing our I believe the priorities which they have es- four bedroom housing units on the base. The armed forces with the best facilities, training, tablished in this bill are good for both our na- goal is to provide safe, modern, and efficient and equipment possible. Military construction tion and for our nation's defense. housing for service men and women and their accounts for $4.9 billion or 49 percent of this The funding constraints imposed by the bal- family members. bill. These funds will be used for barracks, anced budget agreement make our choices This particular housing project provides the child development centers, medical facilities, more difficult. services with a unique model of how develop- and other projects to strengthen and support However, we still must ensure that other pri- ment can be structured to strengthen and en- critical missions. National Guard and Reserve orities do not drive us away from one of the hance a sense of community among a highly components will receive nearly $500 million. primary responsibilities the Congress has, and transitory population. We have worked hard to address quality of that is ensuring for the nation's defense. I am also proud to say that this bill funds life issues as well. This bill sends a clear mes- The construction of quality family housing priority projects and services for American sage that we will take care of our country's and barracks, as well as hospitals and child forces for the next fiscal year, and still man- military and their families. Family housing development centers all relate directly to the ages to be fiscally responsible. projects account for $3.6 billion or 43 percent quality of life issues so important to retaining Mr. BEREUTER. Mr. Chairman, this Mem- of the bill. Within the family housing section, our men and women who serve our nation ber rises to address funding for a new Army $2.8 billion will go for operation and mainte- and who deserve the best that we can provide Reserve Center in Lincoln, Nebraska. nance of existing units, and $747 million will them. The Army Reserve in Lincoln, Nebraska, be used for the construction of new housing. We have witnessed our military forces time currently leases a building assigned to the Ag- Mr. Chairman, this bill is fiscally responsible. and again respond to our nation's call and riculture Campus of the University of Nebraska At the same time, it helps rebuild our military H5392 CONGRESSIONAL RECORD — HOUSE July 13, 1999 infrastructure and addresses quality of life I am confident that we can work to properly tion Subcommittee, and on behalf of the resi- issues which are so important to maintaining a address these concerns if we are able to con- dents and small business owners of Marseilles strong and motivated military. struct and upgrade facilities that directly affect and the over 10,000 members of the Illinois I urge my colleagues to support the hard the quality of life of our nation's military per- National Guard I say thank you for helping to work of the Committee and vote for this Mili- sonnel. get this important project underway. tary Construction bill. The military construction projects in the Fis- Mr. HAYES. Mr. Chairman, I want to thank Mr. PACKARD. Mr. Chairman, I would like cal Year 2000 Appropriations for Lemoore pro- our distinguished Chairman for his commit- to express my strong support for H.R. 2465, vide a good start in addressing these issues, ment to our Armed Services personnel, who the Military Construction Appropriations Act for but we must see to it that the Defense's mil- rely on the United States Congress to address FY2000. This legislation addresses ``quality of lion to improve morale and retain pilots con- important quality of life issues. The Chairman life'' issues for our service personnel. tinues to be implemented in the years ahead. and the members of his subcommittee de- H.R. 2465 will significantly improve the living The bill we have before us today, H.R. serve our gratitude for their fine work in and working conditions of our military per- 2465, includes language supporting this effort crafting the legislation before us. In particular, sonnel. As former Chairman of the Military and specifically directs the Navy to ``accelerate I want to thank the Chairman for his personal Construction Appropriations Subcommittee, I the design of quality of life projects at attention to the needs of our soldiers and air- have personally seen the poor and unsafe liv- Lemoore Naval Air Station, and to include the men, and their families, at Ft. Bragg and Pope ing and working conditions we subject our sol- required construction funding in its fiscal year Air Force Base in the 8th District of North diers to both here in the U.S. and abroad. This 2001 budget request.'' I am happy to see this Carolina. legislation will go a long way in addressing direction included and am hopeful that the Ad- It should be noted that back in February the many of these needs. We must do as much ministration and Congress will act accordingly. Chairman and his subcommittee were handed as we can if we hope to retain these quality Support of these military construction a flawed funding proposal by the Administra- personnel. projects will help Naval Air Station Lemoore tionÐone that called for an unprecedented Our military is the most powerful fighting meet its national defense responsibilities in the piecemeal funding approach. The Chairman force in the world, yet our soldiers go home coming decades. every evening to homes that are simply not Mr. WELLER. Mr. Chairman, I rise today to and his subcommittee wisely rejected this pro- acceptable or safe. I commend the members lend my strong support for passage of H.R. posal, realizing that incremental funding simply of the Military Construction Subcommittee and 2465, the Fiscal Year 2000 Military Construc- doesn't work for military construction. Instead, the House is considering legislation that prop- Chairman HOBSON for their dedication to the tion Appropriations Act. men and women of our Armed Services. This $8.5 billion measure recognizes the erly addresses that military housing needs of Mr. Chairman, H.R. 2465 goes much deeper needs of our military infrastructure, continues our armed services. than just appropriating funds, this legislation our efforts at base closure and realignment, Mr. Chairman, let me also take this oppor- will keep the people who protect and serve and most importantly puts military families tunity to bring to the attention of the Chairman our country safe. We shouldn't keep asking first. One of the much needed items in this bill and those members who will join him in rep- our servicemen and women to put their lives to improve the quality of life for our people in resenting the House during the MilCon Appro- on the line if we can't provide them with the uniform is the $10.952 million appropriation for priations conference an important issue to the basics they need to raise a family and live de- the construction of the Marseilles National 8th District and all of North Carolina. Included cently. Guard Training Facility in my Congressional in the Senate version of this legislation is re- Mr. DOOLEY of California. Mr. Chairman, I District. port language directing the Army National rise today in support of H.R. 2465 and am The Marseilles complex has been requested Guard to include for a combat arms edu- particularly pleased with the work that was by the Illinois Department of Military Affairs cational facility in its Fiscal Year 2001 budget done in regard to the Lemoore Naval Air Sta- and the Pentagon since 1994. Not until this submission. The current facilities for the North tion, which is located in my district in year did the President recognize the need for Carolina Guard's education center are anti- Lemoore, California. I would like to thank both this facility and I am pleased that President quated and no longer meet their needs. Chairman HOBSON and Representative OLVER Clinton included funding for this project in his I have before me a letter from Brigadier for all their hard work in ensuring that Naval FY 2000 budget. This facility would be the first General Michael Squier, Deputy Director of Air Station Lemoore is prepared for the up- permanent training complex for the National the Army National Guard, stating that the Edu- coming challenges the Navy will place on the Guard in the State of Illinois, serving all of the cational Facility is of the highest priority. Such base. I would also like to thank Representative 10,245 members of the Guard in Illinois. Cur- a strong endorsement certainly indicates to MURTHA for his continued support of much rently, members of the Illinois National Guard me that this facility is an important project. needed projects at Lemoore. are forced to travel to bases in Wisconsin and I appreciate the Chairman's consideration of I know that funding in this year's Military Kentucky some as far as 350 miles away to the Senate language and his commitment to Construction Appropriations was under consid- conduct routine maneuvers. As you can imag- America's patriots in uniform. erable budget constraints and so I am pleased ine, this places a severe stress on the scope DEPARTMENTS OF THE ARMY AND that several vital projects for Lemoore were in- and timing of military operations, and even THE AIR FORCE NATIONAL GUARD cluded in the final markup of the bill. greater stress on the members of the Guard BUREAU Naval Air Station Lemoore currently sup- and their families. Arlington, VA, May 25, 1999. ports 27,000 military, civilian, dependent, and The Marseilles site is easily accessible from Hon. JESSE HELMS, retired personnel as the Navy's only West Interstate 80 and is in close proximity to Inter- U.S. Senate, Washington, DC. DEAR MR. CHAIRMAN: I deeply apologize for coast Master Jet Air Station. With Lemoore states 39 and 55, Chicago, Joliet and Spring- our error in submitting information on the Naval Air Station being designated as the field. The Marseilles site is currently used by Military Education Center at Fort Bragg. We base for the new F/A±18E/F Super Hornet the Guard for small training exercises that are had earlier reported that it was not in the Fighter Aircraft, it is projected that this figure conducted out of tents and military vehicles Future Years Defense Plan. It most defi- will grow to 33,000 over the next 5 years. with restroom facilities consisting of portable nitely is, as shown in the Army National Considering the cost of training these addi- toilets that are of an unacceptable condition Guard’s Fiscal Year 2000 Budget Submission tional pilots, as well as the critical importance for these troops. The proposed complex in for Military Construction (copy enclosed). of the F/A±18's Super Hornets to the future of Marseilles would reduce travel time to and This project is of the highest priority to the Naval air program, military construction from training for most Illinois Guard members the Army National Guard and has my per- sonal interest along with that of Major Gen- projects at Lemoore Naval Air Station have and would include barracks and dining facili- eral Rudisill, the Adjutant General of North become a vital component of not only the ties that would help to boost morale and reten- Carolina. base's mission, but the mission of our National tion within the ranks. The immediate construc- Your support of the National Guard is ap- Defense. tion of the Marseilles complex would provide preciated as always. Due to this significant growth, secluded lo- the multiple benefits of substantially helping Sincerely, cation and deteriorating facilities, quality of life local business, spurring development in the MICHAEL J. SQUIER, construction projects have become critically undeveloped area south of the Illinois River, Brigadier General, U.S. Army, Deputy important. while providing a convenient training site that Director, Army National Guard. A recent survey done at Lemoore confirmed will help to ensure troop readiness and an ac- Mr. OLVER. Mr. Chairman, I yield this reality when pilots reported that living con- ceptable quality of life. back the balance of my time. ditions diminish morale and threaten pilot re- Mr. Speaker, I extend my deep appreciation Mr. HOBSON. Mr. Chairman, I yield tention rates when they are not addressed. to Chairman HOBSON of the Military Construc- back the balance of my time. July 13, 1999 CONGRESSIONAL RECORD — HOUSE H5393 The CHAIRMAN. All time for general ning, design, architect and engineer services, curity Investment Program for the acquisi- debate has expired. as authorized by law, unless the Secretary of tion and construction of military facilities Pursuant to the rule, the bill shall be Defense determines that additional obliga- and installations (including international considered for amendment under the 5- tions are necessary for such purposes and no- military headquarters) and for related ex- tifies the Committees on Appropriations of penses for the collective defense of the North minute rule. both Houses of Congress of his determination Atlantic Treaty Area as authorized in Mili- During consideration of the bill for and the reasons therefor. tary Construction Authorization Acts and amendment, the Chair may accord pri- MILITARY CONSTRUCTION, DEFENSE-WIDE section 2806 of title 10, United States Code, ority in recognition to a Member offer- (INCLUDING TRANSFER OF FUNDS) $81,000,000, to remain available until ex- ing an amendment that he has printed For acquisition, construction, installation, pended. in the designated place in the CONGRES- and equipment of temporary or permanent FAMILY HOUSING, ARMY SIONAL RECORD. Those amendments public works, installations, facilities, and For expenses of family housing for the will be considered read. real property for activities and agencies of Army for construction, including acquisi- The Chairman of the Committee of the Department of Defense (other than the tion, replacement, addition, expansion, ex- the Whole may postpone a request for a military departments), as currently author- tension and alteration and for operation and ized by law, $755,718,000, to remain available maintenance, including debt payment, leas- recorded vote on any amendment and until September 30, 2004: Provided, That such may reduce to a minimum of 5 minutes ing, minor construction, principal and inter- amounts of this appropriation as may be de- est charges, and insurance premiums, as au- the time for voting on any postponed termined by the Secretary of Defense may be thorized by law, as follows: for Construction, question that immediately follows an- transferred to such appropriations of the De- $89,200,000, to remain available until Sep- other vote, provided that the time for partment of Defense available for military tember 30, 2004; for Operation and Mainte- voting on the first question shall be a construction or family housing as he may nance, and for debt payment, $1,089,812,000; in designate, to be merged with and to be avail- all $1,179,012,000. minimum of 15 minutes. able for the same purposes, and for the same The Clerk will read. time period, as the appropriation or fund to FAMILY HOUSING, NAVY AND MARINE CORPS The Clerk read as follows: which transferred: Provided further, That of For expenses of family housing for the Be it enacted by the Senate and House of the amount appropriated, not to exceed Navy and Marine Corps for construction, in- Representatives of the United States of America $33,324,000 shall be available for study, plan- cluding acquisition, replacement, addition, in Congress assembled, That the following ning, design, architect and engineer services, expansion, extension and alteration and for sums are appropriated, out of any money in as authorized by law, unless the Secretary of operation and maintenance, including debt the Treasury not otherwise appropriated, for Defense determines that additional obliga- payment, leasing, minor construction, prin- military construction, family housing, and tions are necessary for such purposes and no- cipal and interest charges, and insurance base realignment and closure functions ad- tifies the Committees on Appropriations of premiums, as authorized by law, as follows: ministered by the Department of Defense, for both Houses of Congress of his determination for Construction, $312,559,000, to remain the fiscal year ending September 30, 2000, and and the reasons therefor. available until September 30, 2004; for Oper- for other purposes, namely: MILITARY CONSTRUCTION, ARMY NATIONAL ation and Maintenance, and for debt pay- ment, $895,070,000; in all $1,207,629,000. MILITARY CONSTRUCTION, ARMY GUARD For acquisition, construction, installation, For construction, acquisition, expansion, FAMILY HOUSING, AIR FORCE and equipment of temporary or permanent rehabilitation, and conversion of facilities For expenses of family housing for the Air public works, military installations, facili- for the training and administration of the Force for construction, including acquisi- ties, and real property for the Army as cur- Army National Guard, and contributions tion, replacement, addition, expansion, ex- rently authorized by law, including per- therefor, as authorized by chapter 1803 of tension and alteration and for operation and sonnel in the Army Corps of Engineers and title 10, United States Code, and Military maintenance, including debt payment, leas- other personal services necessary for the Construction Authorization Acts, ing, minor construction, principal and inter- purposes of this appropriation, and for con- $135,129,000, to remain available until Sep- est charges, and insurance premiums, as au- struction and operation of facilities in sup- tember 30, 2004. thorized by law, as follows: for Construction, port of the functions of the Commander in MILITARY CONSTRUCTION, AIR NATIONAL $344,996,000, to remain available until Sep- Chief, $1,223,405,000, to remain available until GUARD tember 30, 2004; for Operation and Mainte- September 30, 2004: Provided, That of this For construction, acquisition, expansion, nance, and for debt payment, $821,892,000; in amount, not to exceed $87,205,000 shall be rehabilitation, and conversion of facilities all $1,166,888,000. available for study, planning, design, archi- for the training and administration of the FAMILY HOUSING, DEFENSE-WIDE tect and engineer services, and host nation Air National Guard, and contributions there- For expenses of family housing for the ac- support, as authorized by law, unless the for, as authorized by chapter 1803 of title 10, tivities and agencies of the Department of Secretary of Defense determines that addi- United States Code, and Military Construc- Defense (other than the military depart- tional obligations are necessary for such pur- tion Authorization Acts, $180,870,000, to re- ments) for construction, including acquisi- poses and notifies the Committees on Appro- main available until September 30, 2004. tion, replacement, addition, expansion, ex- priations of both Houses of Congress of his MILITARY CONSTRUCTION, ARMY RESERVE tension and alteration, and for operation and determination and the reasons therefor. For construction, acquisition, expansion, maintenance, leasing, and minor construc- MILITARY CONSTRUCTION, NAVY rehabilitation, and conversion of facilities tion, as authorized by law, as follows: for For acquisition, construction, installation, for the training and administration of the Construction, $50,000, to remain available and equipment of temporary or permanent Army Reserve as authorized by chapter 1803 until September 30, 2004; for Operation and public works, naval installations, facilities, of title 10, United States Code, and Military Maintenance, $41,440,000; in all $41,490,000. and real property for the Navy as currently Construction Authorization Acts, $92,515,000, DEPARTMENT OF DEFENSE FAMILY HOUSING authorized by law, including personnel in the to remain available until September 30, 2004. IMPROVEMENT FUND Naval Facilities Engineering Command and MILITARY CONSTRUCTION, NAVAL RESERVE For the Department of Defense Family other personal services necessary for the For construction, acquisition, expansion, Housing Improvement Fund, $2,000,000, to re- purposes of this appropriation, $968,862,000, to rehabilitation, and conversion of facilities main available until expended, as the sole remain available until September 30, 2004: for the training and administration of the re- source of funds for planning, administrative, Provided, That of this amount, not to exceed serve components of the Navy and Marine and oversight costs relating to family hous- $65,010,000 shall be available for study, plan- Corps as authorized by chapter 1803 of title ing initiatives undertaken pursuant to 10 ning, design, architect and engineer services, 10, United States Code, and Military Con- U.S.C. 2883, pertaining to alternative means as authorized by law, unless the Secretary of struction Authorization Acts, $21,574,000, to of acquiring and improving military family Defense determines that additional obliga- remain available until September 30, 2004. housing, and supporting facilities. tions are necessary for such purposes and no- MILITARY CONSTRUCTION, AIR FORCE RESERVE BASE REALIGNMENT AND CLOSURE ACCOUNT, tifies the Committees on Appropriations of For construction, acquisition, expansion, PART IV both Houses of Congress of his determination rehabilitation, and conversion of facilities For deposit into the Department of De- and the reasons therefor. for the training and administration of the fense Base Closure Account 1990 established MILITARY CONSTRUCTION, AIR FORCE Air Force Reserve as authorized by chapter by section 2906(a)(1) of the Department of De- For acquisition, construction, installation, 1803 of title 10, United States Code, and Mili- fense Authorization Act, 1991 (Public Law and equipment of temporary or permanent tary Construction Authorization Acts, 101–510), $705,911,000, to remain available public works, military installations, facili- $66,549,000, to remain available until Sep- until expended: Provided, That not more than tember 30, 2004. ties, and real property for the Air Force as $360,073,000 of the funds appropriated herein currently authorized by law, $752,367,000, to NORTH ATLANTIC TREATY ORGANIZATION shall be available solely for environmental remain available until September 30, 2004: SECURITY INVESTMENT PROGRAM restoration, unless the Secretary of Defense Provided, That of this amount, not to exceed For the United States share of the cost of determines that additional obligations are $32,104,000 shall be available for study, plan- the North Atlantic Treaty Organization Se- necessary for such purposes and notifies the H5394 CONGRESSIONAL RECORD — HOUSE July 13, 1999 Committees on Appropriations of both may be used to initiate a new installation gations or for making authorized adjust- Houses of Congress of his determination and overseas without prior notification to the ments to such appropriations for obligations the reasons therefor. Committees on Appropriations. incurred during the period of availability of Mr. HOBSON. Mr. Chairman, I ask SEC. 111. None of the funds appropriated in such appropriations, unobligated balances of Military Construction Appropriations Acts such appropriations may be transferred into unanimous consent that the remainder may be obligated for architect and engineer the appropriation ‘‘Foreign Currency Fluc- of the bill through page 20, line 17, be contracts estimated by the Government to tuations, Construction, Defense’’ to be considered as read, printed in the exceed $500,000 for projects to be accom- merged with and to be available for the same RECORD, and open to amendment at plished in Japan, in any NATO member time period and for the same purposes as the any point. country, or in countries bordering the Ara- appropriation to which transferred. The CHAIRMAN. Is there objection bian Gulf, unless such contracts are awarded SEC. 119. The Secretary of Defense is to to the request of the gentleman from to United States firms or United States provide the Committees on Appropriations of the Senate and the House of Representatives Ohio? firms in joint venture with host nation firms. with an annual report by February 15, con- There was no objection. SEC. 112. None of the funds appropriated in taining details of the specific actions pro- The text of the remainder of the bill Military Construction Appropriations Acts posed to be taken by the Department of De- through page 20, line 17, is as follows: for military construction in the United fense during the current fiscal year to en- GENERAL PROVISIONS States territories and possessions in the Pa- courage other member nations of the North cific and on Kwajalein Atoll, or in countries Atlantic Treaty Organization, Japan, Korea, SEC. 101. None of the funds appropriated in bordering the Arabian Gulf, may be used to and United States allies bordering the Ara- Military Construction Appropriations Acts bian Gulf to assume a greater share of the shall be expended for payments under a cost- award any contract estimated by the Gov- ernment to exceed $1,000,000 to a foreign con- common defense burden of such nations and plus-a-fixed-fee contract for construction, the United States. where cost estimates exceed $25,000, to be tractor: Provided, That this section shall not performed within the United States, except be applicable to contract awards for which (TRANSFER OF FUNDS) Alaska, without the specific approval in the lowest responsive and responsible bid of SEC. 120. During the current fiscal year, in writing of the Secretary of Defense setting a United States contractor exceeds the low- addition to any other transfer authority forth the reasons therefor. est responsive and responsible bid of a for- available to the Department of Defense, pro- eign contractor by greater than 20 percent: SEC. 102. Funds appropriated to the Depart- ceeds deposited to the Department of De- ment of Defense for construction shall be Provided further, That this section shall not fense Base Closure Account established by available for hire of passenger motor vehi- apply to contract awards for military con- section 207(a)(1) of the Defense Authorization cles. struction on Kwajalein Atoll for which the Amendments and Base Closure and Realign- lowest responsive and responsible bid is sub- ment Act (Public Law 100–526) pursuant to SEC. 103. Funds appropriated to the Depart- ment of Defense for construction may be mitted by a Marshallese contractor. section 207(a)(2)(C) of such Act, may be SEC. 113. The Secretary of Defense is to in- used for advances to the Federal Highway transferred to the account established by form the appropriate committees of Con- Administration, Department of Transpor- section 2906(a)(1) of the Department of De- gress, including the Committees on Appro- fense Authorization Act, 1991, to be merged tation, for the construction of access roads priations, of the plans and scope of any pro- with, and to be available for the same pur- as authorized by section 210 of title 23, posed military exercise involving United poses and the same time period as that ac- United States Code, when projects author- States personnel 30 days prior to its occur- count. ized therein are certified as important to the ring, if amounts expended for construction, SEC. 121. No funds appropriated pursuant to national defense by the Secretary of Defense. either temporary or permanent, are antici- this Act may be expended by an entity un- SEC. 104. None of the funds appropriated in pated to exceed $100,000. less the entity agrees that in expending the this Act may be used to begin construction SEC. 114. Not more than 20 percent of the assistance the entity will comply with sec- of new bases inside the continental United appropriations in Military Construction Ap- tions 2 through 4 of the Act of March 3, 1933 States for which specific appropriations have propriations Acts which are limited for obli- (41 U.S.C. 10a–10c, popularly known as the not been made. gation during the current fiscal year shall be ‘‘Buy American Act’’). SEC. 105. No part of the funds provided in obligated during the last 2 months of the fis- SEC. 122. (a) In the case of any equipment Military Construction Appropriations Acts cal year. or products that may be authorized to be shall be used for purchase of land or land purchased with financial assistance provided (TRANSFER OF FUNDS) easements in excess of 100 percent of the under this Act, it is the sense of the Congress value as determined by the Army Corps of SEC. 115. Funds appropriated to the Depart- that entities receiving such assistance Engineers or the Naval Facilities Engineer- ment of Defense for construction in prior should, in expending the assistance, purchase ing Command, except: (1) where there is a de- years shall be available for construction au- only American-made equipment and prod- termination of value by a Federal court; (2) thorized for each such military department ucts. purchases negotiated by the Attorney Gen- by the authorizations enacted into law dur- (b) In providing financial assistance under eral or his designee; (3) where the estimated ing the current session of Congress. this Act, the Secretary of the Treasury shall value is less than $25,000; or (4) as otherwise SEC. 116. For military construction or fam- provide to each recipient of the assistance a determined by the Secretary of Defense to be ily housing projects that are being com- notice describing the statement made in sub- in the public interest. pleted with funds otherwise expired or lapsed section (a) by the Congress. for obligation, expired or lapsed funds may SEC. 106. None of the funds appropriated in (TRANSFER OF FUNDS) Military Construction Appropriations Acts be used to pay the cost of associated super- vision, inspection, overhead, engineering and SEC. 123. Subject to 30 days prior notifica- shall be used to: (1) acquire land; (2) provide tion to the Committees on Appropriations, design on those projects and on subsequent for site preparation; or (3) install utilities for such additional amounts as may be deter- claims, if any. any family housing, except housing for mined by the Secretary of Defense may be SEC. 117. Notwithstanding any other provi- which funds have been made available in an- transferred to the Department of Defense nual Military Construction Appropriations sion of law, any funds appropriated to a mili- tary department or defense agency for the Family Housing Improvement Fund from Acts. amounts appropriated for construction in SEC. 107. None of the funds appropriated in construction of military projects may be ob- ligated for a military construction project or ‘‘Family Housing ’’ accounts, to be merged Military Construction Appropriations Acts with and to be available for the same pur- contract, or for any portion of such a project for minor construction may be used to trans- poses and for the same period of time as or contract, at any time before the end of fer or relocate any activity from one base or amounts appropriated directly to the Fund: the fourth fiscal year after the fiscal year for installation to another, without prior notifi- Provided, That appropriations made available which funds for such project were appro- cation to the Committees on Appropriations. to the Fund shall be available to cover the priated if the funds obligated for such SEC. 108. No part of the funds appropriated costs, as defined in section 502(5) of the Con- project: (1) are obligated from funds avail- in Military Construction Appropriations gressional Budget Act of 1974, of direct loans able for military construction projects; and Acts may be used for the procurement of or loan guarantees issued by the Department (2) do not exceed the amount appropriated steel for any construction project or activity of Defense pursuant to the provisions of sub- for such project, plus any amount by which for which American steel producers, fabrica- chapter IV of chapter 169, title 10, United the cost of such project is increased pursuant tors, and manufacturers have been denied States Code, pertaining to alternative means to law. the opportunity to compete for such steel of acquiring and improving military family procurement. (TRANSFER OF FUNDS) housing and supporting facilities. SEC. 109. None of the funds available to the SEC. 118. During the 5-year period after ap- SEC. 124. (a) Not later than 60 days before Department of Defense for military con- propriations available to the Department of issuing any solicitation for a contract with struction or family housing during the cur- Defense for military construction and family the private sector for military family hous- rent fiscal year may be used to pay real housing operation and maintenance and con- ing the Secretary of the military department property taxes in any foreign nation. struction have expired for obligation, upon a concerned shall submit to the congressional SEC. 110. None of the funds appropriated in determination that such appropriations will defense committees the notice described in Military Construction Appropriations Acts not be necessary for the liquidation of obli- subsection (b). July 13, 1999 CONGRESSIONAL RECORD — HOUSE H5395 (b)(1) A notice referred to in subsection (a) ‘‘Military Construction, Army Reserve’’, Chabot Herger Miller (FL) is a notice of any guarantee (including the $2,891,000; Chambliss Hill (IN) Miller, Gary making of mortgage or rental payments) ‘‘Military Construction, Naval Reserve’’, Clay Hill (MT) Miller, George Clayton Hilleary Minge proposed to be made by the Secretary to the $674,000; and Clement Hilliard Mink private party under the contract involved in ‘‘Military Construction, Air Force Re- Clyburn Hinchey Moakley the event of— serve’’, $2,080,000. Coble Hinojosa Mollohan (A) the closure or realignment of the in- SEC. 129. The Army, Navy, Marine Corps, Coburn Hobson Moore stallation for which housing is provided and Air Force are directed to submit to the Collins Hoeffel Moran (KS) under the contract; appropriate committees of the Congress by Condit Hoekstra Moran (VA) (B) a reduction in force of units stationed June 1, 2000, a Family Housing Master Plan Conyers Holden Morella Cook Holt Murtha at such installation; or demonstrating how they plan to meet the Cooksey Hooley Myrick (C) the extended deployment overseas of year 2010 housing goals with traditional con- Costello Horn Nadler units stationed at such installation. struction, operation and maintenance sup- Cox Hostettler Napolitano (2) Each notice under this subsection shall port, as well as privatization initiative pro- Coyne Houghton Neal specify the nature of the guarantee involved posals. Each plan shall include projected life Cramer Hoyer Nethercutt and assess the extent and likelihood, if any, cycle costs for family housing construction, Crane Hulshof Ney of the liability of the Federal Government basic allowance for housing, operation and Crowley Hunter Northup with respect to the guarantee. Cubin Hutchinson Nussle maintenance, other associated costs, and a Cummings Hyde Oberstar (c) In this section, the term ‘‘congressional time line for housing completions each year. Cunningham Inslee Obey defense committees’’ means the following: The CHAIRMAN. Are there amend- Danner Isakson Olver (1) The Committee on Armed Services and Davis (FL) Istook Ortiz the Military Construction Subcommittee, ments to the bill? Davis (IL) Jackson (IL) Ose Committee on Appropriations of the Senate. The Clerk will read the last 2 lines of Davis (VA) Jackson-Lee Owens (2) The Committee on Armed Services and the bill. Deal (TX) Oxley the Military Construction Subcommittee, DeFazio Jefferson Packard The Clerk read as follows: DeGette Jenkins Pallone Committee on Appropriations of the House This Act may be cited as the ‘‘Military Delahunt John Pascrell of Representatives. Construction Appropriations Act, 2000’’. DeLauro Johnson (CT) Pastor (TRANSFER OF FUNDS) DeLay Johnson, E. B. Payne The CHAIRMAN. Are there any DeMint Johnson, Sam Pease SEC. 125. During the current fiscal year, in amendments? Deutsch Jones (NC) Pelosi addition to any other transfer authority If not, under the rule, the Committee Diaz-Balart Jones (OH) Peterson (MN) available to the Department of Defense, Dickey Kanjorski Peterson (PA) amounts may be transferred from the ac- rises. Dicks Kaptur Petri count established by section 2906(a)(1) of the Accordingly, the Committee rose; Dingell Kelly Phelps Department of Defense Authorization Act, and the Speaker pro tempore (Mr. Dixon Kennedy Pickering Doggett Kildee Pickett 1991, to the fund established by section PEASE) having assumed the chair, Mr. 1013(d) of the Demonstration Cities and Met- Dooley Kilpatrick Pitts GILLMOR, Chairman of the Committee Doolittle Kind (WI) Pombo ropolitan Development Act of 1966 (42 U.S.C. of the Whole House on the State of the Doyle King (NY) Pomeroy 3374) to pay for expenses associated with the Union, reported that that Committee, Dreier Kingston Porter Homeowners Assistance Program. Any Duncan Kleczka Portman amounts transferred shall be merged with having had under consideration the bill Dunn Klink Price (NC) and be available for the same purposes and (H.R. 2465) making appropriations for Edwards Knollenberg Pryce (OH) for the same time period as the fund to military construction, family housing, Ehlers Kolbe Quinn which transferred. and base realignment and closure for Ehrlich Kucinich Radanovich Emerson Kuykendall Rahall SEC. 126. Notwithstanding this or any other the Department of Defense for the fis- Engel LaFalce Ramstad provision of law, funds appropriated in Mili- cal year ending September 30, 2000, and English LaHood Rangel tary Construction Appropriations Acts for for other purposes, pursuant to House Eshoo Lampson Regula operations and maintenance of family hous- Resolution 242, he reported the bill Etheridge Lantos Reyes ing shall be the exclusive source of funds for Evans Largent Reynolds repair and maintenance of flag and general back to the House. Everett Larson Riley officer quarters: Provided, That not more The SPEAKER pro tempore. Under Ewing Latham Rivers Farr LaTourette Rodriguez than $15,000 per unit may be spent annually the rule, the previous question is or- Fattah Lazio Roemer for the maintenance and repair of any gen- dered. Filner Leach Rogan eral or flag officers quarters without thirty The question is on the engrossment Fletcher Lee Rogers days advance prior notification of the appro- and third reading of the bill. Foley Levin Rohrabacher Forbes Lewis (CA) Ros-Lehtinen priate committees of Congress: Provided fur- The bill was ordered to be engrossed ther, That out-of-cycle notifications are pro- Ford Lewis (GA) Rothman hibited with the exception of those justified and read a third time, and was read the Fossella Lewis (KY) Roukema third time. Fowler Linder Roybal-Allard by emergency or safety-related items: Pro- Frank (MA) Lipinski Rush vided further, That the Under Secretary of The SPEAKER pro tempore. The Franks (NJ) LoBiondo Ryan (WI) Defense (Comptroller) is to report on a quar- question is on the passage of the bill. Frelinghuysen Lofgren Ryun (KS) terly basis to the appropriate committees of Pursuant to clause 10 of rule XX, the Frost Lowey Sabo Congress all operations and maintenance ex- yeas and nays are ordered. Gallegly Lucas (KY) Salmon Ganske Lucas (OK) Sanchez penditures for each individual flag and gen- The vote was taken by electronic de- eral officer quarters. Gekas Luther Sanders vice, and there were—yeas 418, nays 4, Gephardt Maloney (CT) Sandlin SEC. 127. The first proviso under the head- not voting 13, as follows: Gibbons Maloney (NY) Sanford ing ‘‘MILITARY CONSTRUCTION TRANS- Gilchrest Manzullo Sawyer FER FUND’’ in chapter 6 of title II of the [Roll No. 280] Gillmor Markey Saxton 1999 Emergency Supplemental Appropria- YEAS—418 Gilman Martinez Schaffer tions Act (Public Law 106–31) is amended by Gonzalez Mascara Schakowsky Abercrombie Becerra Boucher Goode Matsui Scott inserting ‘‘and to the North Atlantic Treaty Ackerman Bentsen Boyd Organization Security Investment Program Goodlatte McCarthy (MO) Sensenbrenner Aderholt Bereuter Brady (PA) Goodling McCarthy (NY) Serrano as provided in section 2806 of title 10, United Allen Berkley Brady (TX) Gordon McCollum Sessions States Code’’ after ‘‘to military construction Andrews Berman Brown (FL) Goss McCrery Shadegg accounts’’. Archer Berry Brown (OH) Graham McGovern Shaw SEC. 128. Notwithstanding any other provi- Armey Biggert Bryant Granger McHugh Shays sions in this Act, the following accounts are Bachus Bilbray Burr Green (TX) McInnis Sherman Baird Bilirakis Burton Green (WI) McIntosh Sherwood hereby reduced by the specified amounts— Baker Bishop Buyer ‘‘Military Construction, Army’’, $38,253,000; Greenwood McIntyre Shimkus Baldacci Blagojevich Callahan Gutierrez McKeon Shows ‘‘Military Construction, Navy’’, $30,277,000; Baldwin Bliley Calvert Gutknecht McKinney Shuster ‘‘Military Construction, Air Force’’, Ballenger Blumenauer Camp Hall (OH) McNulty Simpson $23,511,000; Barcia Blunt Campbell Hall (TX) Meehan Sisisky ‘‘Military Construction, Defense-wide’’, Barr Boehlert Canady Hansen Meeks (NY) Skeen $23,616,000; Barrett (NE) Boehner Cannon Hastert Menendez Skelton Barrett (WI) Bonilla Capps Hastings (WA) Metcalf Slaughter ‘‘Military Construction, Army National Bartlett Bonior Capuano Guard’’, $4,223,000; Hayes Mica Smith (MI) Barton Bono Cardin Hayworth Millender- Smith (NJ) ‘‘Military Construction, Air National Bass Borski Carson Hefley McDonald Smith (TX) Guard’’, $5,652,000; Bateman Boswell Castle H5396 CONGRESSIONAL RECORD — HOUSE July 13, 1999 Smith (WA) Thomas Wamp House on the State of the Union for the tinues to remind Americans and people Snyder Thompson (CA) Waters Souder Thompson (MS) Watkins consideration of the bill (H.R. 2466) from many nations that this tragedy Spence Thornberry Watt (NC) making appropriations for the Depart- shall never happen again? Will there be Spratt Thune Watts (OK) ment of the Interior and related agen- a National Gallery Of Art and Sculp- Stabenow Tiahrt Waxman cies for the fiscal year ending Sep- ture Garden that shares the treasures Stearns Tierney Weiner Stenholm Toomey Weldon (FL) tember 30, 2000, and for other purposes, of many nations in addition to our Strickland Towns Weldon (PA) with Mr. LATOURETTE in the chair. own? Stump Traficant Weller The Clerk read the title of the bill. Will there be new sources of energy Stupak Turner Wexler The CHAIRMAN. Pursuant to the that foster a livable society with a Sununu Udall (CO) Whitfield Talent Udall (NM) Wicker rule, the bill is considered as having prosperous economy? Will we be a Na- Tancredo Upton Wilson been read the first time. tion that respects its arts and its hu- Tanner Velazquez Wolf Under the rule, the gentleman from manities? Tauscher Vento Woolsey EGULA Tauzin Visclosky Wu Ohio (Mr. R ) and the gentleman Members get to answer those ques- Taylor (MS) Vitter Wynn from Washington (Mr. DICKS) each will tions today by giving a resounding vote Taylor (NC) Walden Young (AK) control 30 minutes. of yes to this bill. We will soon be vot- Terry Walsh Young (FL) The Chair recognizes the gentleman ing on a $265 billion defense bill to de- NAYS—4 from Ohio (Mr. REGULA). fend many of the values that this bill Norwood Royce Mr. REGULA. Mr. Chairman, I yield represents. Fourteen billion dollars, Paul Stark myself such time as I may consume. the amount of this bill, is a small price NOT VOTING—13 Mr. Chairman, for those who might to invest in preserving these values. not have noticed, this is Ohio day, both We have made a number of important Brown (CA) Kasich Thurman Chenoweth McDermott Weygand from the standpoint of the chairman of policy changes. The Inspector General Combest Meek (FL) Wise the two Appropriations bills being con- at the Department of the Interior told Gejdenson Scarborough sidered today and of the gentleman us that the National Park Service was Hastings (FL) Sweeney from Ohio presiding this afternoon. unable to balance its books. We have b 1515 Mr. Chairman, first of all, I want to instituted reforms and turned that sit- Ms. BALDWIN changed her vote from pay a compliment to my ranking mem- uation around in 18 months. This bill ‘‘nay’’ to ‘‘yea.’’ ber, the gentleman from Washington continues those reforms. We have made So the bill was passed. (Mr. DICKS). This is his first year of changes in many programs as a result The result of the vote was announced being the Ranking Member on the sub- of 18 oversight hearings over the past 4 as above recorded. committee, and he has been a partner. years. A motion to reconsider was laid on We have worked together on the things We have heard about the $1 million the table. in this bill in a nonpartisan way. I comfort stations built by the U.S. Park think it is fair, and I think a lot of this Service. We have streamlined and re- f is thanks to the contributions that the formed the way in which the Park PERSONAL EXPLANATION gentleman from Washington (Mr. Service manages its construction pro- Dicks) made and also the staff, both his Mr. WEYGAND. Mr. Speaker, I was un- gram, and we are not going to have staff and the staff of the subcommittee. avoidably absent on Monday and earlier today those kinds of activities in the future. It has been a real pleasure to work According to testimony of the lead- due to the death of my uncle. Had I been here with the gentleman from Washington ers of the National Park Service, the on Monday, I would have voted ``yes'' on roll- on this bill. Forest Service, the Smithsonian, all of call votes 278 and 279. Today, I would have Mr. Chairman, today I would ask these agencies, that we have a $15 bil- voted ``yes'' on rollcall 280. Members in their mind’s eye to fast lion backlog maintenance. We have to f forward to the year 2049, 50 years from take care of what we have, and we are b 1515 now, because their actions and votes on doing that in this bill. We continue to this bill will be the America we leave work at it, and I think it makes a dif- GENERAL LEAVE to our children and grandchildren. ference. Mr. REGULA. Mr. Speaker, I ask We have to ask ourselves some ques- Our subcommittee recently visited unanimous consent that all Members tions: Will it be an America free from some facilities in the State of Wash- may have 5 legislative days within the scars of resource exploitation? We ington. In Olympic National Park we which to revise and extend their re- have put an extra $11 million for the saw a building that was being fixed as marks on the bill (H.R. 2466) making Abandoned Mine Reclamation Fund to a result of fees and as a result of the appropriations for the Department of avoid that problem. understanding that we need to take Interior and related agencies for the Will it be an Everglades fully watered care of maintenance. fiscal year ending September 30, 2000, and with its unique ecology preserved We are looking into problems of fi- and for other purposes, and that I may and enhanced? Again, when it is all nancial and contract management in include tabular and extraneous mate- said and done, we will have spent about the Department of Energy, the Forest rial. $10 billion of U.S. taxpayer dollars to Service, and the Bureau of Indian Af- The SPEAKER pro tempore (Mr. take care of the Everglades. If Mem- fairs. PEASE). Is there objection to the re- bers read the language in the bill, they We have provided for the Everglades quest of the gentleman from Ohio? will see we are making a point that we restoration effort in this bill. A unique There was no objection. want to ensure that there is an ade- feature, and I think it is one of man- f quate water supply, not just now but 50 agement, that is that we require the years from now. States to provide a 25 percent match on DEPARTMENT OF THE INTERIOR Will it be a Nation with clean air, weatherization. Forty-eight of the AND RELATED AGENCIES APPRO- clean water, with rivers that we point States have current balances, some of PRIATIONS ACT, 2000 to with pride? Will there be 629 million them over $1 billion. I think the States The SPEAKER pro tempore. Pursu- acres of forests, parks, fish and wildlife have a responsibility of participating, ant to House Resolution 243 and rule facilities and grazing lands, with beau- and frankly, if they do, they are going XVIII, the Chair declares the House in tiful vistas, with unique ecological to be a little more careful how they the Committee of the Whole House on wonders? manage the funds. Now they manage the State of the Union for the consider- Will there be an Smithsonian that the funds and we provide all the ation of the bill, H.R. 2466. continues to tell the unique story of money. Under this proposal, we have our Nation’s heritage? Will there be a not reduced weatherization signifi- b 1517 Kennedy Center that continues to ex- cantly; we are saying, States, you put IN THE COMMITTEE OF THE WHOLE cite millions of visitors with a wide up 25 percent and we will be able to do Accordingly, the House resolved range of artistic opportunities? Will more. We will also get better manage- itself into the Committee of the Whole there be a Holocaust Museum that con- ment of the dollars involved. I think July 13, 1999 CONGRESSIONAL RECORD — HOUSE H5397 this is a very positive approach to this is level funded in terms of the 1999 ap- call on these same states to make the finan- program. I hope Members will all sup- propriations. cial commitment to protect lands of priority to port it by their votes on the bill. I think all of these programs taken them. We have added $99 million to the Op- together represent a good management In the area of energy programs funded with- eration of the National Parks. We hear of our Nation’s resources, and most im- in the bill, we continue this philosophy by ask- this mantra, ‘‘they are going to shut portantly, I think they represent poli- ing the states to participate in funding the down the parks.’’ Do not believe it. We cies and programs that every one of us Weatherization program. Throughout the many have added $99 million to support our who support this bill will be able to years of this program, only the federal govern- national parks over what we provided point to our actions with pride 50 years ment has provided the funding for this pro- last year, even though the bill in its from now, and on into the future as far gram, and in our FY00 bill we ask the states present form is $1 million less than the as the eye can see. to share in the program with a 25 percent cost 1999 bill, excluding the supplemental I hope that the Members will support share. appropriations. It is $200 million less if the bill, that we will continue this ef- Like last year, we have funded the bill with- we include the enacted bill, which fort that we are making in managing out the selling oil from the Strategic Petroleum would include the supplemental appro- our resources and the dollars to give Reserve (SPR) to finance its operations. Con- priations. the public the best possible value re- gress created the SPR IN 1975 to provide a So we have been very careful in man- ceived for the money they provide in national defense against future oil shocks. aging it, but we have tried to empha- the form of taxes. This year, we are pleased to report that the size the things that are important to OVERVIEW OF BILL SPR is being filled with oil from royalties owed people: their parks, $99 million; $200 Mr. Chairman, today I am pleased to bring the federal government by entities producing million for Indian education and health to the House for its consideration the fiscal oil from federal lands. This creative relation- programs. I think we need to do more, year 2000 Interior Appropriations bill. While ship between the Department of the Interior but that is the best we could under the the pressures of the 1997 budget agreement and the Department of Energy is working well, circumstances. between the Congress and the White House while at the same time adding to our nation's But when the American Dental Asso- have required us to make some difficult strategic oil defense. ciation testifies that only one Indian choices in this year's bill, I believe we are pre- THE NATION'S LANDS has dental care out of four, we need to senting you a good bill. The bill provides for remedy that. We need to ensure that $14.057 billion in budget authority and The Interior Appropriations bill provides every Native American has the health $14.556 billion in outlays. Funding is $200 mil- funding for the vast majority of our nation's care he or she needs, and we likewise lion below the FY99 enacted bill and $1.1 bil- federal lands. I would like to highlight the vast need to ensure that they have edu- lion below the Administration's FY 2000 re- treasures we hold as a nation in the resources cational opportunities. quest. Within these limits we are continuing to of our lands. Together as a nation we hold We saw the President visiting a res- focus our priorities on operational shortfalls ownership of nearly one third of the land ervation last week talking about the and backlog maintenance in the national across this great country, and we cherish the poverty there. The way to get out of parks, wildlife refuges and national forests by open space and tranquility these vast holdings poverty is to improve education. We providing modest increases for these priorities. provide. They include 192 million acres in For- have tried to address that as much as Despite our severe funding limitations, we est Service land, 77 million acres within the we could in this bill. continue the federal commitment for the res- National Park System, 94 million acres in We have provided $205 million for toration of the Everglades with $114 million. Wildlife Refuges administered by the Fish and high priority land acquisition. I know This funding includes the federal commitment Wildlife Service and 264 million acres in Bu- people would like to buy a lot more necessary for the purchase of critical lands reau of Land Management (BLM) holdings. land, but that is the best we can do within Everglades National Park, as well as Although we often refer to our national under the circumstances. the other national parks and wildlife refuges, parks as the ``crown jewels'' of our public What we have tried is where we have critical to the restoration effort. In providing lands which include the Grand Canyon, Yel- inholdings, we have tried to focus on this funding, we have included specific lan- lowstone and Yosemite, many spectacular the importance of pulling together the guage to ensure a true environmental restora- gems are also found on these other public lands that we have, so our priority has tion of the Everglades by requiring specific lands. Both the Forest Service and the BLM been to pick up wherever possible with water flow amounts and timing for these crit- administer their lands under a multiple use a willing seller, a willing buyer, ical natural areas. mandate, and therefore, these lands are used inholdings. Throughout my tenure as Chairman of this not only for recreation as our national parks, We have included $33 million addi- Subcommittee, I have focused on bringing im- but also for hunting and fishing, as well as for tional for national wildlife refuges. I proved management and accountability to the generating revenues from minerals and oil and mentioned the Everglades. We have in- taxpayer. You may remember that in last gas development. cluded land acquisition funds, but we year's bill we made changes to the Park Serv- While many people associate the Forest have said that we want to guarantee ice's Denver Services Center and the way the Service as a source for American's lumber that the water will be there not just Park Service manages and funds construction needs, it is a little known fact that the Forest tomorrow but 50 years from now, and projects, so that the taxpayer will never again Service actually receives three times the num- to that end we have put in restrictive be asked to fund a $784,000 outhouse in a ber of visitors to its lands for recreational pur- language to ensure that we have that national park. This year we have focused on poses than the national parks. Forest Service guarantee before we commit vast sums the various trust funds of the U.S. Forest lands received more than 650 million visits last of money from the taxpayers of this Service. These funds are off budget funds year. Nation. Their focus is on the Ever- which have not been transparent to the tax- The American public does not distinguish glades. The taxpayers are not putting payer. We have included a number of between federal lands administered by dif- up $10 billion to $11 billion to provide changes to address this situation, and I will ferent agencies, and as such, I encourage more development money or more agri- enumerate them more specifically when I ad- these agencies to work together on behalf of culture, they are putting up the money dress the Forest Service portion of the bill. the public. I would like to compliment the BLM to take care of the Everglades, which As federal spending for these programs and the Forest Service on their work to con- belongs to all the people of this Nation. continues to be squeezed by our obligations to solidate their activities at the field level to We have tried to recognize that. the American people to maintain balanced achieve savings and provide improved serv- I mentioned earlier that the AML budgets and protect Social Security and Medi- ices to the public. The Department of Agri- fund is $11 million more than last year. care, we must increasingly focus exclusively culture and Interior have also achieved suc- We want to repair some of the scars we on our federal responsibility. States must cess in coordinating their efforts on the devel- have inflicted on the landscape of share in these programs as our partners. For opment of the Joint Fire Science Plan which America from coal mining. We have this reason, we have not provided funding for provides the scientific aspect of the fuels man- level funding for the National Endow- the states to purchase lands under the Admin- agement programs of the Departments. I en- ment for the Arts, the National Endow- istration's Lands Legacy program. State con- courage all of the agencies to follow these ex- ment for the Humanities. I think that tinue to do extremely well financially under the cellent examples and coordinate their services is consistent with the fact that the bill excellent economic conditions we enjoy. We effectively. H5398 CONGRESSIONAL RECORD — HOUSE July 13, 1999 REVENUES FROM THE FEDERAL LANDS/REC FEE have specifically prohibited their use for gen- Funding for the Department of Energy's pro- DEMONSTRATION PROGRAM eral assessments within either the Forest grams are cut $209 million below last year's In addition to the growing role as respite to Service or the Department of Agriculture. The level. With many fewer dollars, we continue to millions of Americans from the everyday American people deserve to know that these emphasize partnerships between the federal stresses of an increasingly urbanized society, funds are being used for their intended pur- government and the private sector to ensure these lands also provide a major source of poses of reforestation together with restoration that there is a commitment to the technologies revenues. Revenues from mining, oil and gas of watersheds and habitats, and therefore we in the marketplace. Our goals continue to be leasing and grazing are expected to generate have also required that these funds be dis- to develop technologies that meet the highest more than $6 billion in fiscal year 2000. These played in future budget justifications for the energy efficiency and environmental standards resources belong to the American people, and Forest Service. I am pleased with the new re- possible. Fossil energy will remain the corner- they are benefitting from the revenues they quirements we are placing on the manage- stone of our nation's energy supply well into generate. ment of these funds. the next millennium and will also be the During my first year as Chairman of this We are making a significant commitment to source of energy for the world's developing Subcommittee, I initiated the recreation fee fire-fighting in this bill, with $561 million for countries. Our continued leadership in this re- program demonstration on our federal lands. wildland fire management. The fund supports search is vital as we become an increasingly This is a concept I have supported for many preparation for wildfires, wildfire operations global economy. years; it allows the parks, wildlife refuges, na- and reduction of hazardous fuels. DOE's Energy Efficiency account includes a tional forests and public lands to collect a Last year we included the transfer of the number of programs, including the Industries modest fee from visitors. This fee stays in the Volunteer Fire Assistance program from the of the Future program which is an outstanding park where it is collected and allows the land Department of Agriculture Appropriations bill to public-private partnership as the nation's most manager to use the funds to conduct backlog this one. This small grant program, through energy intensive and highest polluting indus- maintenance or improve services for the visitor the State and Private Forestry account, is a tries work with government in setting joint on that particular site. We are receiving tre- tremendous partnership between local volun- goals to increase efficiency and reduce waste mendous support of these fees from the teer fire departments and the federal govern- as we look to these industries' futures. We American people, the land managers and from ment. It allows for enhanced training and have provided $193 million for this program, national organizations involved with our fed- equipment to these local fire-fighting agencies the success of which will continue to ensure eral lands. The fees are expected to generate and provides for highly trained volunteers world class economic strength in our leading over $400 million over a five year period and should their assistance be requested at fed- industry sectors which employ so many Ameri- will greatly enhance our ability to reduce the eral fire sites. The bill includes $4 million for cans. maintenance backlog on the public lands. this grant program, with a total of $29 million Funding for the state energy programs re- Other unexpected benefits of the program in- in total for the Cooperative Fire Assistance mains at the 1999 level of $33 million, and we clude a reduction in vandalism which the su- program. Clearly, the bill makes a strong com- have funded the Weatherization Assistance perintendent at Muir Woods in California mitment to the fire-fighting needs on the local, Program at $120 million, and we are now re- called to my attention recently. With Ameri- state and federal levels. quiring a 25 percent cost share which I noted cans making a contribution to the land, they INDIAN HEALTH SERVICE earlier. This requirement will allow us to lever- feel they have a stake in its beauty and pres- Health Care for our native Americans is the age the program dollars and in turn expand ervation. responsibility of the federal government and the funding and the number of people who FOREST SERVICE LANDS remains a challenge for this subcommittee. may benefit from the program. The National Forest System lands represent We continue our commitment to Indian Health Finally, we continue to support the Federal about one third of the nation's forest land and Services with total funding of $2.4 billion, a Energy Management Program (FEMP) and historically have produced approximately 20 $155 million increase over fiscal year 1999. have provided $24 million for it. This program percent of the total softwood harvested in the Within this increase is additional funding of is an excellent industry/government partner- United States each year. Much more timber is $35 million to meet contract support costs, a ship in which the private sector works with grown on these lands each year than is har- growing obligation. Within this increase we federal agencies to reduce energy usage by vested. The timber sale program generates have also included an additional $20 million to incurring the costs of installing high efficiency revenues for the Treasury and for local timber- construct the highest priority hospitals and equipment in exchange for a share of the re- based economies, as well as providing the clinics, thus providing needed access to health sulting energy savings. The program has great raw material for lumber, paper and other forest care. potential for energy savings, as the federal products that are critical to our economy. The SCIENCE government is the largest energy user in the timber program on public lands, however, has The bill includes $820 million for the U.S. world. declined from a high of 11.1 billion board feet Geological Survey. This Department of the In- NATIONAL ENDOWMENTS FOR THE ARTS AND THE in FY90 to the 3.6 billion recommended in this terior agency performs first-class scientific re- HUMANITIES bill and the same level as in fiscal year 1999. search and analysis in areas including water Over the past few years, funding for the Na- This number is a dramatic reduction over the resources, geology and biological resources. I tional Endowment for the Arts (NEA) has been decade, and further cuts to it would be an irre- am pleased to report that our transfer of the a challenge in this appropriations bill. During sponsible act of the Congress and dramati- Biological Resources Division to the U.S. Geo- last year's floor debate on this bill, the House cally impact timber-dependent communities. logical Survey continues to work very well, of Representatives voted to continue to pro- Earlier I mentioned increased accountability and the other bureaus rely on the expertise of vide federal funding for the NEA. This year we of various Forest Service trust funds. Despite the outstanding agency to meet their scientific have included funding for the NEA and the continuing concerns expressed by this Com- needs. NEH at the fiscal year 1999 levels of $98 mil- mittee, the House Agriculture Committee and We have provided $188 million for ecologi- lion and $110 million, respectively. I believe the GAO about the accountability of these cal services for the Fish and Wildlife Service, the reforms we have put in place at the NEA funds, we remain deeply troubled about the including $105 million for endangered species are working, and the current directors of these way these trust funds are being administered. work. As we all know, the Endangered Spe- agencies are doing a fine job on behalf of the To address these concerns, this year we are cies Act needs to be reauthorized. I urge the American people. requiring the Forest Service to submit a de- Administration to present legislation to the CULTURAL AGENCIES tailed plan of operations to the Congress for Congress so that together we may address vi- One of the most enjoyable tasks I have the Knutson-Vandenberg (KV) fund, the sal- tally needed reforms for the program. serving as Chairman of the Subcommittee, is vage sale fund and the brush disposal fund. DEPARTMENT OF ENERGY overseeing the budget for our nation's cultural The plan should include an explanation and The Interior Appropriations Bill funds pro- agencies. These fine agencies, including the justification for the program of work and ex- grams at the Department of Energy for re- Smithsonian Institution, the Kennedy Center, pected accomplishments at each national for- search to develop technologies to more effi- the National Gallery of Art and the U.S. Holo- est unit using KV funds. To address ongoing ciently use fossil fuels. Low energy prices and caust Museum all provide wonderful services concerns that these funds have been used for energy efficient technologies are a major rea- to the American public not only when they purposes other than those for which they are son for our strong economy, so we must con- come to visit our nation's capital, but also intended, we have limited their use at both the tinue to support federal energy research pro- through numerous outreach programs through- regional and Washington levels to only those grams for fossil energy, coal, oil and natural out the states and local communities, as well activities strictly related to the program. We gas, as well as other sources of energy. as on the Internet. July 13, 1999 CONGRESSIONAL RECORD — HOUSE H5399 For fiscal year 2000 we are providing $438 Within the constraints of the tight budget, the American people. It is a responsible bill million for the Smithsonian Institution. This we have provided modest increases for the which keeps our obligation to balance the funding includes $48 million for repair and res- various cultural agencies within the bill. budget, while meeting the many responsibil- toration of Smithsonian facilities. ``Taking care CONCLUSION ities under our jurisdiction. of what we have'' is a high priority for me, and Mr. Chairman, in closing I would like to reit- At this point Mr. Chairman, I would like to I am pleased that the Smithsonian agrees with erate that the bill I present before the House insert into the RECORD a table detailing the this priority in maintaining their world class fa- today is a good bill. It reflects the priorities of various accounts in the bill. cilities for all Americans to enjoy. taking care of the lands and resources of all The table referred to is as follows: H5400 CONGRESSIONAL RECORD — HOUSE July 13, 1999 July 13, 1999 CONGRESSIONAL RECORD — HOUSE H5401 H5402 CONGRESSIONAL RECORD — HOUSE July 13, 1999 July 13, 1999 CONGRESSIONAL RECORD — HOUSE H5403 H5404 CONGRESSIONAL RECORD — HOUSE July 13, 1999 Mr. Chairman, I reserve the balance do something about that. This bill pro- The National Marine Fisheries Serv- of my time. vides significant increases in oper- ice estimates that over the past 2 years Mr. DICKS. Mr. Chairman, I yield ations money to protect the treasures these little birds have feasted on be- myself such time as I may consume. of the park system throughout the tween 10 and 23 million juvenile salmon (Mr. DICKS asked and was given per- United States. that are migrating out to the ocean. mission to revise and extend his re- The bill continues support for our These birds are protected under the Mi- marks.) Native American citizens and is instru- gratory Bird Treaty Act, which the Mr. DICKS. Mr. Chairman, I rise as mental in upholding their treaty U.S. Fish and Wildlife Service is re- the ranking minority member of the rights. Through the Interior Appropria- sponsible for carrying out. subcommittee in support of H.R. 2466, tions bill, we support economic and I appreciate the committee working the FY 2000 appropriations bill for the educational assistance to the tribes, with me on report language that re- Department of the Interior and related aid natural resource management and quires the U.S. Fish and Wildlife Serv- agencies. support tribal health programs through ice to come up with a mitigation plan I, too, want to compliment the chair- the Indian Health Service. that will include, but not be limited to, man, the gentleman from Ohio (Mr. Lastly, the bill provides funding to transporting these birds to areas that REGULA) and the staff of the com- support both the National Endowment are more in line with their natural mittee, both the majority and minority for the Arts and the National Endow- habitat. staff members. Debbie Weatherly and ment for the Humanities. Although we If we come up with a responsible plan Del Davis have done a very fine job on were not able to provide the requested for managing the Caspian terns, we this bill, and all the other staff mem- increases called for in the President’s will see a positive impact on the num- bers, including Leslie Turner on my budget, it is my firm hope that the ber of salmon returning to the Colum- staff. House will approve funding for the en- bia and Snake Rivers to spawn. This is dowments and we can continue to seek b 1530 an important piece of the salmon res- some increase as the bill moves toration puzzle that we cannot ignore. I would like to thank the chairman through the process. I am also pleased that within our of the subcommittee, the gentleman I urge my colleagues to support H.R. budget limitations we were able to in- from Ohio (Mr. REGULA), who has skill- 2466 and the important program it sus- crease funding for health care provided fully crafted this bill. This bill is fair tains. the Native Americans through the In- and balanced and I believe adequately Mr. Chairman, I reserve the balance dian Health Service. The health dis- addresses the needs of the programs of my time. parities among Native Americans are Mr. REGULA. Mr. Chairman, I yield within its jurisdiction. profound. One area in particular is dia- 5 minutes to the gentleman from Wash- Our allocation was not high, nearly betes that seriously affects Native ington (Mr. NETHERCUTT), a valued $1 billion below the President’s budget American populations and other minor- request, which required many difficult member of the subcommittee. Mr. NETHERCUTT. Mr. Chairman, I ity populations in our country. The decisions. Under those difficult cir- rise today in support of H.R. 2466, the prevalence of diabetes among Native cumstances, I believe the bill is justly fiscal year 2000 funding bill for the De- Americans is higher than it is for the prioritized. I also add that I am ex- partment of the Interior and Related rest of the Nation’s population, and the tremely pleased that the bill is free of Agencies. rate is rapidly increasing to epidemic many legislative riders objectionable This bill provides $14.1 billion for the proportions in some tribes across this to the Congress. National Park Service, the United Nation. It is my firm hope that we can con- States Forest Service, Bureau of Land For the second year in a row, we have tinue to work with the administration Management, Smithsonian, and the provided funds in this bill for diabetes on a few key items which the sub- Bureau of Indian Affairs. And I am screening through the Joslin Diabetes committee was unable to fund in this happy to say that based on the hard Center, a great center dedicated to cur- tight budget year. The Lands Legacy work of the gentleman from Ohio ing and doing more research and under- Initiative proposed by the administra- (Chairman REGULA) and my colleagues, standing the complications of diabetes. tion was not fully funded in this bill. I both the gentleman from Washington We have also included language in am hopeful that we can continue a dia- (Mr. DICKS) and other valued members the report to increase the number of logue as the bill moves through the on the subcommittee, we have an op- podiatrists within the Indian Health legislative process and perhaps make portunity to support a bill that will Service to attempt to avoid one of the more money available for some of the manage and protect our environment; major complications of diabetes key land acquisitions put forward by it will maintain our obligations to our through preventive care and early the President. sovereign Indian nations; it will pro- treatment of diabetic foot ulcers for This bill supports our national wild- tect our Nation’s cultural resources Native American populations. life refuge system and continues crit- and maintain fiscal responsibility. Mr. Chairman, this bill contains a ical efforts to address the needs of It was not an easy task for the chair- delicate balance for Forest Service threatened and endangered species. man of our subcommittee to come up funding and programs. As Members These vital programs enable our agen- with all of the pressures of this bill in may remember, we reached a hard- cies to achieve better ecosystem man- the form that this bill takes. But it is fought agreement on this issue last agement and more comprehensive pro- a good package. I thank the gentleman year when supporters of active forest tection of our public lands. from Ohio (Mr. REGULA) for inserting management agreed to eliminate the Just last week I had the pleasure of language that I authored in the report purchaser road credit program. That hosting several Members, including the that will force the Pacific Northwest was a difficult problem to overcome, to gentleman from Ohio (Mr. REGULA), region, which covers my State of Wash- eliminate that program. This program our chairman of the Subcommittee on ington, to look at all impacts to the primarily affected small timber pur- Interior Appropriations, in my home endangered salmon problem in the Pa- chasers, many of which were in my dis- State of Washington. We toured several cific Northwest and not just focus on trict on the east side of the State of area parks including the Olympic Na- dam removal as the solution to res- Washington. tional Park in my congressional dis- toration of our salmon populations. It While the agreement held throughout trict and were able to view firsthand is not the solution. It is a multifaceted the process last year, attempts may be some of the work being done on the problem that requires a great deal of made today to unravel that agreement. ground both through annual appropria- analysis and careful consideration. So I urge all Members, all of my col- tions as well as through the fee dem- Right now our region faces an imme- leagues who may consider supporting a onstration project. diate challenge with almost 8,000 pairs Forest Service amendment, to think Once again, I commend the gen- of Caspian terns which nest on a man- hard about the agreement that was tleman from Ohio (Chairman REGULA) made island called Rice Island, which reached in good faith last year. We for his attention and elevation of the is located 20 miles upriver from the should not destroy the accord that was backlog needs in our parks. We need to mouth of the Columbia River. achieved. July 13, 1999 CONGRESSIONAL RECORD — HOUSE H5405 All in all, this bill is well balanced. It tive. The difficult circumstances I al- The Interior bill’s public lands titles considers carefully the delicate nature lude to are obvious. Our subcommit- almost always attract more attention of the programs that are contained tee’s allocation is far below the real than its energy research and conserva- within the Interior appropriations needs of the agencies funded through tion provisions, but I am also pleased measure. It is one that I hope will see this bill. Although we have heard wide- in what we could accomplish in those great approval in this body. The chair- ly varying figures on the National areas as well. Our subcommittee heard man and the ranking member and all of Park Service’s maintenance backlog, it a great deal about the progress that us on the subcommittee worked very certainly amounts to several billion can be made if we keep supporting hard to make that balance occur. We dollars at least. The same is true of the these programs in achieving energy still have to deal with the Senate. We Forest Service. independence and providing our citi- have to get a bill that goes through the As our population grows and our open zens with a cleaner environment. I am process to the President. space shrinks, we have an ever-increas- particularly pleased that the bill in- Mr. Chairman, I urge my colleagues ing need to protect open space and creases funding for Energy Department to support the bill. wildlife to protect recreational oppor- conservation programs that can help On July 20, 1969, the lunar landing module tunities for our people, to conserve the our constituents reduce their house- of Apollo touched down in the Sea of Tran- watersheds we all depend on, and to hold energy costs. quility on the surface of the Moon. Neil Arm- save our historic and cultural sites. There were some disappointments. I strong and Buzz Aldrin descended from the Our subcommittee received hundreds am sorry that the bill provides no in- landing module and became the first humans of requests from Members for projects crease for the Arts and Humanities En- to walk on any heavenly body. This feat estab- that are sensible and worthy, but we dowments, despite the administration’s lished American supremacy in space even to could not fund them even though we excellent plan for new outreach and the present day. would have liked to and should have. education programs at both those The Apollo 11 mission represents the suc- There simply was not enough money. agencies. I am hoping we can correct But our chairman, I think, in the cess and preeminence of the American Space that in an amendment. Program; we must preserve the monuments of final analysis has used his discretion I am sorry too the bill provides only this era. Of all the artifacts representing the very, very wisely. The bill and the bill a small fraction of the administration’s glory and triumph of the Apollo Program, one report include language regarding the request for its Lands Legacy programs. management of the Everglades restora- in particular stands outÐthe Saturn V Rocket. But these are good programs, and I tion project that we hope and believe The Saturn V is the largest, most powerful hope that they could be improved upon will guarantee that the project serves rocket ever produced in history. The Soviet in the final analysis. the national interest. And the gen- Union was never able to even attempt to un- Mr. Chairman, this is an excellent tleman from Ohio (Mr. REGULA) should dertake such an ambitious project. bill and our chairman and our ranking take full deserved credit for this. Only three Saturn V Rockets remain in the member deserve great credit for the We are putting Federal money into world today. The U.S. Space & Rocket Center the reengineering of the Everglades be- way they have put it together. is home to one of these historic vehicles which cause we want to see its unique eco- I strongly believe we should acquire and has the distinction of being designated a Na- system restored and conserved for the protect critical lands for open space, recre- tional Historic Landmark. The Saturn V at the future because we want to reverse past ation, and wildlife habitat while we can: I have U.S. Space & Rocket Center has been on dis- mistakes that led to overdevelopment seen to many lost opportunities in my own play for thirty years, and the elements have and overuse of fragile resources. This state. But I realize the funding constraints caused significant deterioration of the vehicle. bill aims to ensure that that is what made full funding of Lands Legacy impossible. Although there is no question that it should be will happen and that the Federal funds Finally, I regret that the bill does not include preserved for future generations as a monu- will not ultimately be turned against requested funding for the addition to the Roo- ment of the American Space Program, once the Everglades and be used to promote sevelt Memorial here in Washington that the again we face budget constraints that make unwise development. last Congress authorized, but I hope that can this task a difficult one. I am delighted to say that despite the be resolved soon. Restoration of the Saturn V at the U.S. constraints on this bill, it includes in- I will be supporting several amendments Space & Rocket Center should be a priority of creased funds for the Park Service, that I believe would improve our bill, but again, the Smithsonian. I am hopeful that we will be which are badly needed to meet the de- I urge support for the bill itself. able to allocate the resources necessary for mands both of conservation and in- Mr. REGULA. Mr. Chairman, I have the restoration and preservation efforts being creased visitorship. I am similarly very no further requests for time, and I re- made by the U.S. Space & Rocket Center be- happy that the bill also includes a serve the balance of my time. fore it is too late. small increase in the Forest Service’s Mr. DICKS. Mr. Chairman, I yield 5 Mr. DICKS. Mr. Chairman, I yield 4 recreation budget above the adminis- minutes to the distinguished gen- minutes to the distinguished gen- tration’s request. tleman from Minnesota (Mr. OBER- tleman from New York (Mr. HINCHEY), The national forests are more widely STAR), ranking Democrat on the Com- a member of the subcommittee. used for recreation even than the na- mittee on Transportation and Infra- Mr. HINCHEY. Mr. Chairman, I rise tional parks; and recreation has be- structure, a good friend. in support of the bill and I want to come an increasingly important part of Mr. OBERSTAR. Mr. Chairman, I commend the gentleman from Ohio the Forest Service’s mission, but its thank the gentleman from Washington (Mr. REGULA), our chairman, and the budget has not kept up. The increase is (Mr. DICKS) for yielding me this time. I gentleman from Washington (Mr. a much-needed step in the right direc- know how precious it is during general DICKS), our ranking member, for the tion. debate; and I greatly appreciate it be- excellent job they have done putting The bill also provides for a small in- cause there is a very important mes- this bill together under very difficult crease in the Forest Services State and sage that I want to share with my col- circumstances. I also want to thank private forestry budget. Again, this is leagues, the gentleman from Ohio (Mr. the subcommittee staff for their hard very welcomed. These programs are not REGULA), chairman of the sub- work on the bill and thoughtful consid- as well known as they should be, but committee, as well as the gentleman eration of the many difficult issues they are immensely valuable to those from Washington. that we faced. States where most forests are in non- While the rest of America was heed- What we have before us is a fair and Federal ownership. ing John Adams’s appeal to celebrate balanced bill that genuinely takes into In my own State, they are particu- the birth of our Nation with fireworks, consideration the many different con- larly important for the role they play Mother Nature went on a rampage of cerns and interests of Members of the in protecting our urban watersheds, her own with fireworks of a different House, and of the people that we rep- but they also provide critical assist- kind in the Boundary Waters Canoe resent. ance to people who never see a forest area of Minnesota in my district. None of us support every item in the through their support for such bene- Over the 4th of July with a storm bill, but I think all of us can agree that ficial and popular projects as urban packing 100-mile-an-hour winds that it is fair, reasonable, and representa- tree planting and disease prevention. leveled 340,000 acres of the Boundary H5406 CONGRESSIONAL RECORD — HOUSE July 13, 1999 Waters Canoe area, the Nation’s larg- cost. We do not know what the extent ing in our public lands. I think that is est water-based wilderness, 250,000 of it is. a great story about the American peo- acres of lands, 21 million trees esti- I raise the issue now to appeal to the ple. mated down, 6 million cords, which is leadership of the subcommittee that, Secondly, in the number of visitors, equal to the total wood supply, the by the time we get to conference, I am we had over 1 billion 225 million visitor total cut, for 2 years for the whole hoping my colleagues in the Senate days in our public lands. I think this, State of Minnesota. will have the assessment, perhaps offer too, illustrates how much the Amer- ican people care about these lands. b 1545 supplemental appropriations there to cover the cost for the Forest Service Lastly, a little vignette that I ob- We have an enormous fuel supply on who are hiring people with money they served at one of the places where they the ground. Trees that began growing do not have to serve time that is avail- have the recreation fee demo program. years before the Civil War were ripped able now. They also had a place one could deposit out, flattened. Chain saws, 24-inch bar The resort community has lost a some extra money if one chose to do so, chain saws on either side of the tree quarter of a million dollars business in and the jar was getting pretty well cannot cut through them. the first 5 days. They do not have 100 filled up, which said people are not But the Forest Service did absolutely feet of hiking trails opened for their only willing to pay a pretty modest fee, heroic service. I want to pay tribute to visitors. The winter season is coming. which they knew would stay in the the Forest Service personnel who We will not have cross country trails. parks or the forests or the wildlife ref- worked 18-hour days over several days We will not have snowmobile trails in uges or BLM, as the case might be, but to inspect 1,300 camp sites and rescue they also want to contribute some some 20 injured campers and free hun- the area outside the Boundary Waters unless the salvage work can begin extra money. dreds of others. There were 3,000 in the So I think there are some really posi- wilderness at the time. promptly. So, at the appropriate time, I appeal tive dimensions to this whole program I flew over the area on Sunday and in terms of how the American people observed a scene that perhaps the gen- to the mercy and understanding of our colleagues to provide the additional feel about their public lands. tleman from Washington (Mr. DICKS) Mr. Chairman, I reserve the balance funding. It will be in the few millions. only can fully appreciate. It is like the of my time. aftermath of the Mount St. Helens’ dis- It will not be in the billions or so that Mr. DICKS. Mr. Chairman, I yield 2 aster where trees were just flattened, we have for Mount St. Helens, but it minutes to the distinguished gen- blasted. They are piled, in many cases, will be in the several millions. tleman from Oregon (Mr. Mr. DICKS. Mr. Chairman, I yield one on top of each other, 20 feet high. BLUMENAUER), who has been a leader in The line supervisor for the electric co- myself 1 minute. this Congress on livability and particu- Mr. Chairman, I just want to com- op said he walked a half mile in from larly in the Columbia River Gorge mend the gentleman from Minnesota the roadway to one of the sites to begin where I had a chance to visit with him work on power restoration and never (Mr. OBERSTAR) for his leadership, but I this last week. stepped on land the entire way, just know of his great concern about the Mr. BLUMENAUER. Mr. Chairman, I walked on downed trees. Boundary Waters in his area in Min- commend the gentleman from Ohio The Forest Service had been abso- nesota. (Chairman REGULA) and the gentleman lutely superb. The three rural electric We also had another storm besides from Washington (Mr. DICKS), the co-ops have been magnificent. They the incredible events at Mount St. Hel- ranking member, because I think they have had their teams out there work- ens, the Columbus Day storm of 1962 started the debate with the proper ing 15- and 18-hour days, 35 hours the when 8 billion board feet went down in tone. It is a 50-year vision, and it is first few days. both Washington and Oregon from an just a starting point, I hope, for this There will be benefits for those areas incredible storm. We have been there Congress. outside the Boundary Waters. But in- and seen that. In fact, that is how log What the bill talks about today is side the Boundary Waters, there are a exporting started in our country, be- fundamental infrastructure for livable number of Forest Service supply facili- cause we had all this excess logs. We communities. As we try and deal with ties. There is one that I have known started exporting them to Japan and the consequences of unplanned growth about in the Kekekabic Trail. It has al- other countries. But we will be glad to around the country, the stewardship of ways been hidden from view. It now work with the gentleman as we go our public lands both in wilderness looks like the Little House on the Prai- through the process. areas and what happens in our devel- rie. One cannot imagine the destruc- Mr. Chairman, I yield to the gen- oped communities are more and more tion until one sees it oneself. tleman from Minnesota (Mr. OBER- important. The reason I raise this issue here is STAR). I wanted to thank the committee for that there is no FEMA support for the Mr. OBERSTAR. Mr. Chairman, I their hard work to diffuse some of the Forest Service, no Federal agency ben- thank the gentleman from Washington volatile legislative hot buttons, being efits when a disaster declaration is (Mr. DICKS) and the gentleman from able to provide at least a stable fund- made, which it will be made, I am con- Ohio (Chairman REGULA) for their un- ing for the arts and minimize the toxic fident, by the President. There is a dis- derstanding. riders that have obscured the impor- aster fund for the Department of Agri- Mr. REGULA. Mr. Chairman, I yield tant debate that has attended this bill culture that may be available to bail myself such additional time as I may in the past. out the Forest Service. consume. Last week, it was my pleasure to Mr. REGULA. Mr. Chairman, will the I want to talk about some positive watch the hard-working members of gentleman yield? things we observed during our visit to this subcommittee and their staff in Mr. OBERSTAR. I am happy to yield parks and forests in the Northwest. We our region of the Pacific Northwest. I to the gentleman from Ohio (Chairman saw a lot of volunteers there. I think am pleased that they had a chance to REGULA). one of the great stories of this bill and look firsthand at the Columbia River Mr. REGULA. Mr. Chairman, I am of our public lands is how many people, Gorge where I am convinced that each advised that they are using some of the particularly senior citizens, volunteer dollar that is invested will go further rec. fee money for immediate solutions their time. than any place else in America in pro- or assistance. The gentleman makes One gentleman at Mount St. Helens tecting a critical legacy. We saw first- the point that we otherwise would be who was telling the people all about hand the impact of the subcommittee’s waiting, and this is a peak visitation what had happened there said he drove efforts to try and make sure that we time of year. So I am pleased that they 60 miles each way every day to come up are maximizing resources and working are moving ahead and again serving there and lecture, and he did a great creatively. the public, which was the objective of job. He is doing this as a volunteer. I think it is important that we allow this program to begin with. We are advised there are almost the fee demo program to be able to Mr. OBERSTAR. Mr. Chairman, but, 300,000 people who volunteer their time, work its way out and to look at the im- ultimately, there is going to be a huge their energy and their knowledge serv- pacts. I hope that, in the words of the July 13, 1999 CONGRESSIONAL RECORD — HOUSE H5407 Chair and the ranking member, that not only teaching students to appreciate the (Mr. DICKS), the ranking member, for what we are seeing here, although we arts, but also on talking about issues that the yielding me this time. will not be perhaps debating in heated arts raise in healthy, nonjudgmental ways. Mr. Chairman, I rise in support of the form some amendments that may come Let us make a commitment to our provision within H.R. 2466 which pro- forward, I hope that we will keep in children to provide them with the tools vides Guam with an increase of $5 mil- mind what we are trying to do in terms they need to be responsible citizens in lion for Compact Impact aid for next of this being a starting point. a democracy, to make good, informed year. I want to thank the gentleman I am hopeful that this Congress will choices, to live in peace with their from Florida (Chairman YOUNG) and give the subcommittee the resources neighbors and coworkers, and to enjoy the gentleman from Wisconsin (Mr. they need for today and tomorrow to life to its fullest. Let us begin to show OBEY) for their support on this issue. be able to make the investment in pro- our commitment to our children by This $5 million is very much needed tecting this legacy, not just for today prioritizing funding for the arts and en- for Guam, and it should be understood but for the next half century. couraging arts programs in our schools that it is really a kind of reimburse- I appreciate the hard work the com- and communities. ment for the cost of unrestricted mi- mittee has done and look forward to Later in the debate, Mr. Chairman, gration to Guam as a result of U.S. building upon it in the course of this an amendment will be offered to in- Compact agreements with the Fed- Congress to be able to realize that vi- crease funding for the NEA, and I urge erated States of Micronesia and the Re- sion. my colleagues to support this amend- public of the Marshall Islands. Mr. DICKS. Mr. Chairman, I yield 2 ment. b 1600 minutes to the distinguished gentle- Mr. DICKS. Mr. Chairman, I yield 2 For nearly 10 years, financial costs woman from Missouri (Ms. MCCARTHY), minutes to the gentleman from have totaled well over $70 million, and who I know has been a leader on his- Vermont (Mr. SANDERS). this year we have $4.5 million and we toric preservation issues. Mr. SANDERS. Mr. Chairman, I want to increase it by $5 million to $10 (Ms. MCCARTHY of Missouri asked thank the gentleman from Washington million. This helps defray the costs be- and was given permission to revise and (Mr. DICKS) for yielding me this time, cause the actual cost per year to Guam extend her remarks.) and I congratulate the chairman and is around $15 to $20 million. Ms. McCARTHY of Missouri. Mr. the ranking member for their work on We take the responsibility of helping Chairman, I rise today to express my this important piece of legislation. out our island neighbors seriously, and concerns about the funding levels in Mr. Chairman, I just wanted to call it is not a wrong thing to do, because it this bill for the National Endowment attention to an amendment that I will is a Federal responsibility. I know that for the Arts. I am disappointed that be offering along with the gentleman in the upcoming debate there will be a this bill is substantially less than the from Kentucky (Mr. LEWIS) and the point of order raised against this issue, President’s budget request. gentleman from Minnesota (Mr. OBER- and I very much ask all of my col- While I am pleased that the bill re- STAR) and the gentleman from Michi- leagues to consider the importance of quires the NEA to give priority in gan (Mr. STUPAK) later on in this bill. this issue for a very small jurisdiction granting funds for educational That amendment deals with the issue and the ultimate fairness of getting the projects, I am particularly dis- of payment in lieu of taxes. As my col- Federal Government to be responsible, appointed that the bill does not include leagues know, Mr. Chairman, there are even though it only compensates for funds for a new program, Challenge some 1,800 counties throughout the about half of the costs associated with America, which includes arts edu- United States that have land in them this issue. cation, youth-at-risk programs, cul- that is owned by the Federal Govern- There was no effort on my part to at- tural heritage preservation, and com- ment. Over the years, the Federal Gov- tempt to divert funding from other ter- munity arts partnerships. ernment has not kept faith with these ritories for this issue; but in the final As a former schoolteacher, I believe communities and has not paid a fair analysis, when we suggested other al- that a key solution to youth violence payment in lieu of taxes. ternatives, this was the only one that and a key component to youth develop- In the Congress, especially in recent seemed appropriate at the time. I am ment is access to the arts in schools. If years, we have been hearing a lot of hoping that in conference all the issues we are serious about curtailing youth discussion about what is called devolu- related to territorial issues will be re- violence, it is imperative that adequate tion, more respect, more authority for solved, because there are a number of funding be provided to bring music and local counties and local towns. It unmet funding needs that all of the art to our children. seems to me that if we are sincere small insular areas have to deal with, If the Challenge America program is funded, about respecting our States and our and I urge every consideration that the state arts agencies would receive 40 percent towns that we should be fair with them voting Members of this House can give of these funds, and at least 1,000 commu- in terms of providing them the pay- to those who represent districts who nities nationwide will benefit. ment in lieu of taxes that they need. cannot vote in this body. Research has shown that arts pro- So I would hope that, when this Mr. HAYES. Mr. Chairman, I rise today to grams can have a very positive effect amendment comes up, which affects thank our distinguished Chairman for his com- on our youth, helping to increase aca- some 1,800 communities in America, it mitment to the natural resources and national demic achievement and decrease delin- affects some 49 States, and it is an treasures of America. Chairman REGULA, his quent behavior. amendment similar to one that won committee and staff have all worked tirelessly Children who are exposed to arts per- here on the floor of the House last to present the legislation before us and they form 30 percent better academically. year, that we will once again support deserve our gratitude for their fine efforts. High-risk elementary students who it. In particular, I want to thank the Chairman participated in an arts program for 1 It is unfair, it seems to me, to take for his personal attention to the maintenance year gained 8 percentile points on advantage of communities all over this needs of the Uwharrie National Forest. My standardized language arts tests. country, force them to inadequately constituents in the eighth district, as well as The Smart Symphonies program ini- fund their infrastructure, education, the thousands of frequent users from all over tiated by the National Academy of Re- the services they provide their people North Carolina, can look forward to safer, cording Arts and Sciences provides free because the Federal Government is not cleaner and better recreational experiences at CDs of classical music for infants in re- properly paying the in lieu of tax pay- the Uwharrie. sponse to findings that show, among ments that it should. Again, I appreciate the time and thought put other things, that early exposure to I urge support of this amendment into this bill and to the Chairman's commit- classical music increases a child’s abil- when it appears later. ment to preserving the beauty of our nation. ity to learn math and science. Mr. DICKS. Mr. Chairman, I yield 2 Ms. MCCARTHY of Missouri. Mr. Chairman, In Missouri's fifth district, the Young Audi- minutes to the distinguished gen- I thank the gentleman for yielding and for all ences Arts Partners Program integrates com- tleman from Guam (Mr. UNDERWOOD). his efforts on this measure. I request unani- munity arts resources into the curriculum of Mr. UNDERWOOD. Mr. Chairman, I mous consent to revise and extend my re- participating school districts, with a focus on thank the gentleman from Washington marks. H5408 CONGRESSIONAL RECORD — HOUSE July 13, 1999

Mr. Chairman, I rise today to express my munity arts resources into the curriculum of MCGOVERN's amendment that will fund the concerns about the funding levels in the bill for participating school districts, with a focus on state component of the Land and Water Con- the National Endowment for the Arts. I'm dis- not only teaching students to appreciate the servation Fund. These programs, UPARR, appointed that this bill is substantially less arts, but also on talking about issues that the LWCF, Emergency Energy Assistance Author- than the President's budget request. arts raise in healthy, nonjudgmental ways. Let ization, the Sanders Amendment, which tries While I am pleased that the bill requires the us make a commitment to our children to pro- to improve the Energy Assistance Program, NEA to give priority in granting funds for edu- vide them with the tools they need to be re- are proven initiatives that provide crucial cational projects, I'm particularly disappointed sponsible citizens in a democracyÐto make matching funds for local communities to im- that the bill does not include funds for a new good, informed choices; to live in peace with prove and expand public recreational pro- program, Challenge America, which includes their neighbors and coworkers; and to enjoy grams and facilities. With tight budgetary re- arts education, youth-at-risk programs, cultural life to the fullest extent possible. Let us begin straints, recreational program funding at all heritage preservation, and community arts to show our commitment to our children by levels of government has suffered year after partnerships. prioritizing funding for the Arts and encour- year. As a result, local parks and playgrounds As a former school teacher, I believe that a aging Arts programs in our school and com- are falling into disrepair and recreational pro- key solution to youth violence and key compo- munities. grams are being closed. Those decisions are nent to youth development is access to the Later in the debate, an amendment will be unfortunate. While our National Park System arts in schools. If we're serious about cur- offered to increase funding for the NEA and I is our nation's crown jewels, our local park tailing youth violence, it is imperative that ade- urge my colleagues to support this amend- systems are our local family heirlooms. Our quate funding be provided to bring music and ment offered by the Gentlewoman from New national parks are the place where traditions art to our children. If the Challenge America York. and memories are made and treasured. Local/ program is funded, state arts agencies would Mr. VENTO. Mr. Chairman, I rise in support State open spaces are the home to family pic- receive 40 percent of these funds, and at least of H.R. 2466, the Department of Interior and nics, youth soccer and baseball games, family 1,000 communities nationwide will benefit. Related Agencies Appropriations for fiscal Research has shown that arts programs can nature hikes and the local concerts. They are year 2000. have a very positive impact on our youth, the glue that bind our communities and fami- My support of this legislation is somewhat of lies together. For this reason, President Clin- helping to increase academic achievement a precedent. Too often in recent years in this and decreasing delinquent behavior. The ton sought full funding of the LWCF/HPF with- House, I have been forced not only to speak in the context of the Lands Legacy Initiative YouthARTS Development Project is the result out in opposition to this important appropria- of a three-year collaborative effort of the Re- 2000. To date, this initiative has unfortunately tion bill but to actively work to defeat the legis- been sidetracked today's appropriation meas- gional Arts and Culture Council of Portland, lation. Whether it be the riders, non-authorized Oregon; the San Antonio Department of Arts ure underlines the absolute need to set aside funding for pet projects, or major policy de- and Cultural Affairs of San Antonio, Texas; these funds in a trust fund provisions in this bates over logging roads and the future of the and the Fulton County Arts Council of Atlanta, measure that are less than one-third the com- Northwest temperate rain forests, the Interior Georgia; and Americans for the Arts of Wash- mitment and promise existing in law. Appropriations have annually been a magnet ington, DC. YouthARTS is funded in part by Today, our local parks and recreation pro- to controversy and the inclusion of extraneous the NEA, and the program is implemented grams are more important than ever. Just last provisions. Fortunately, this legislation has through local partners across the country. month, the House debated the juvenile justice The goals of YouthARTS include defining avoided most of those fatal flaws. It isn't al- measure seeking punitive actions increasing the critical elements and ``best practices of ways money. But this Interior Appropriations penalties for juveniles who break the law. arts programs designed for at-risk youth popu- Bill has culminated in a super-imposed un- Today some amendments give us an oppor- lations, strengthening collaborative relation- touchable and unacceptable bad policy in re- tunity to vote for youth crime prevention. At a ships among local and federal partners, and cent years. This year's bill is a much better re- time when Congress is acting on policy to put leveraging increased funding for at-risk youth sult to this hour. more kids in jail, it's high time we provide rec- programs. YouthARTS has already conducted Such success is due to the bipartisan lead- reational opportunities and put more kids in extensive research, which has shown that arts ership of Chairman REGULA and Ranking youth sports, arts and other after-school pro- programs really can have an impact on youth, Member DICKS. Under their leadership, the grams and crime prevention activities that including increasing academic achievement Committee has been able to forestall such positively address the delinquency issue. controversial riders and policy provisions. and decreasing delinquent behavior. Perhaps Unfortunately, the Committee chose to so Hopefully, that success will continue through the most amazing change occurred in Port- inadequately fund the President's Lands Leg- today's floor action. A strong vote of support land, where, at the beginning of the program, acy Initiative. This new proposal would be a by this House will only strengthen the hands less than half of the youth were able to co- solid down payment on protecting and pre- of the conferees in dealing with the inevitable operate with their peers, but after participating serving our nation's critical lands. It is an ini- in the arts program, 100% of these same add-ons of the Senate. While I do support H.R. 2466, the bill does tiative which should enjoy bipartisan support youth were able to cooperate, and approxi- and provides a transition basis to rectify the mately one third of the participants reported a have several deficiencies. The principal short- fall is the anemic funding level provided in this current deficiencies in existing appropriation more favorable attitude toward school after acts, that continue in this measure. participating. In Atlanta, 25% of youth who legislation for many important programs. I rec- ognize that this flaw is the result of the spend- Mr. Chairman, I had the privilege of serving participated in the arts program reported a in this Body with Mo Udall. As Chair of the In- more favorable attitude toward school than ing caps in law that afflict all domestic discre- tionary programs. The decision by the majority terior and Insular Affairs Committee, Mo would they did before they began the program, and speak eloquently of our stewardship responsi- 50% reported a decrease in their delinquent party to bleed dry these programs is a short- sighted decision that will undermine our na- bility to pass on America's natural lands and behaviors. In San Antonio, more than 16% of resources to future generations in as good a the youth participating reported a decrease in tional conservation efforts in the long run. condition as we inherited it. This bill takes delinquent behaviors. While some seek to score political points in modest steps to achieve that goal but we can Additional studies show that children who this legislation, the price of any rhetorical vic- are exposed to the arts perform 30% better tories will be continued degradation of our na- and should do better. academically. High risk elementary students tional parks, forests and rangelands. Such Hopefully by the end of the cycle this year who participated in an arts program for one continued degradation is a tragic political deci- we will be doing be. year gained 8 percentile points on standard- sion that will be exacerbated by the Chair- Mr. BEREUTER. Mr. Chairman, this Mem- ized language arts tests. The Smart Sym- man's amendment to cut an additional $138 ber rises today to express his great apprecia- phonies program initiated by the National million, 50% aimed at vital components of land tion to the distinguished gentleman from Ohio Academy of Recording Arts and Sciences management program and BLM land acquisi- (Mr. REGULA), chairman of the Interior Appro- (NARAS) provides free CD's of classical music tion funding. priations Subcommittee, and the distinguished for infants in response to findings that show, Today, this Body will have the opportunity to gentleman from Washington (Mr. DICKS), the among other things that early exposure to improve the legislation through the adoption of Ranking Member on the Subcommittee, and to classical music increases a child's ability to significant amendments. Such amendments in- all members of the Subcommittee for the in- learn math and science. clude Mr. MILLER's of California, that will pro- clusion of a $10 million appropriation for the In Missouri's fifth district, the Young Audi- vide $4 million for the Urban Park and Recre- first phase of construction for a replacement ences Arts Partners Program integrates com- ation Recovery Program (UPARR) and Mr. Indian Health Service (IHS) hospital located in July 13, 1999 CONGRESSIONAL RECORD — HOUSE H5409 Winnebago, Nebraska, to serve the Winne- The amendment printed in House Re- Provided, That unless there is a written bago and Omaha tribes. Of course, the Sub- port 106–228 may be offered only by a agreement in place between the coal mining committee is already well-aware of the ongo- Member designated in the report, shall operator and a gas producer, the funds avail- able herein shall not be used to process or ing situation with this hospital. Indeed, last be considered read, shall not be subject approve coalbed methane Applications for year the Subcommittee kept the process going to amendment, and shall not be subject Permits to Drill for well sites that are lo- by including funds to complete the design to a demand for division of the ques- cated within an area, which as of the date of phase of the project for which this Member tion. the coalbed methane Application for Permit and Native Americans in the three state region During consideration of the bill for to Drill, are covered by: (1) a coal lease, (2) are very grateful. Now, construction dollars are amendment, the Chair may accord pri- a coal mining permit, or (3) an application needed. ority in recognition to a Member offer- for a coal mining lease: Provided further, Unfortunately, the Office of Management ing an amendment that he has printed That appropriations herein made shall not be available for the destruction of healthy, and Budget overruled Indian Health Service's in the designated place in the CONGRES- FY2000 budget request for the first phase of unadopted, wild horses and burros in the SIONAL RECORD. Those amendments care of the Bureau or its contractors. construction, so there was no request by the will be considered read. Administration. Once the design is completed, The Chairman of the Committee of AMENDMENT NO. 6 OFFERED BY MR. MCGOVERN Mr. McGOVERN. Mr. Chairman, I it is important to begin funding for the first the Whole may postpone a demand for offer an amendment. phase of construction without a delay. If there a recorded vote on any amendment and The CHAIRMAN. The Clerk will des- is a time lapse between completion of design may reduce to a minimum of 5 minutes ignate the amendment. and construction, it is very possible that costs the time for voting on any postponed will increase, making this project more expen- The text of the amendment is as fol- question that immediately follows an- lows: sive. That is why this appropriation action at other vote, provided that the time for this time is so critical. Amendment No. 6 offered by Mr. MCGOV- voting on the first question shall be a ERN: In closing Mr. Chairman, this Member wish- minimum of 15 minutes. Page 2, line 13, after the dollar amount, in- es to acknowledge and express his most sin- The Clerk will read. sert the following: ‘‘(reduced by $1,000,000)’’. cere appreciation for the extraordinary assist- The Clerk read as follows: Page 3, line 8, after the dollar amount, in- ance that Chairman REGULA, the Sub- sert the following: ‘‘(reduced by $1,000,000)’’. Be it enacted by the Senate and House of Rep- committee, and the Subcommittee staff have Page 19, line 16, after the dollar amount, resentatives of the United States of America in insert the following: ‘‘(reduced by provided thus far on this important project. Congress assembled, That the following sums Mr. MCKEON. Mr. Chairman, I rise today to $30,000,000)’’. are appropriated, out of any money in the Page 69, line 14, after the dollar amount, congratulate Mr. REGULA, the Chairman of the Treasury not otherwise appropriated, for the insert the following: ‘‘(reduced by Interior Appropriations Subcommittee, for his Department of the Interior and related agen- $29,000,000)’’. fine work on this legislation. However, I would cies for the fiscal year ending September 30, Mr. MCGOVERN. Mr. Chairman, I also like to pay tribute to a provision within 2000, and for other purposes, namely: rise today to offer an amendment to re- this legislation on the Pacific Crest Trial. TITLE I—DEPARTMENT OF THE store $30 million in funding to the The Pacific Crest Trail is a marvelous INTERIOR State-side program of the Land and stretch of land that runs from California, BUREAU OF LAND MANAGEMENT through Oregon, and into Washington state. Water Conservation Fund. MANAGEMENT OF LANDS AND RESOURCES I know that the gentleman from Ohio Established in 1968, this trail operates over For expenses necessary for protection, use, (Mr. REGULA) and I disagree on this 2,650 miles with a large portion of that land improvement, development, disposal, cadas- issue, but I want to thank him for his owned by the Federal government through the tral surveying, classification, acquisition of continuing graciousness as we take up Park Service, Forest Service, or BLM. How- easements and other interests in lands, and debate on this important issue, and I ever, nearly 300 miles of this trail are located performance of other functions, including want to thank the gentleman from on simple right-of-passage easements across maintenance of facilities, as authorized by public land or along public highways. The land law, in the management of lands and their California (Mr. CAMPBELL), the gen- along the highways, it should be noted, were resources under the jurisdiction of the Bu- tleman from Pennsylvania (Mr. reau of Land Management, including the HOEFFEL), and the gentleman from New never intended as permanent routes and general administration of the Bureau, and today have become extremely hazardous for Jersey (Mr. HOLT) for cosponsoring this assessment of mineral potential of public amendment and for their commitment users of the trail. lands pursuant to Public Law 96–487 (16 It should also be noted that during the last U.S.C. 3150(a)), $632,068,000, to remain avail- to preserving open space. 20 years, Congress has appropriated more able until expended, of which $2,147,000 shall The Land and Water Conservation than $200 million to the Park Service to ac- be available for assessment of the mineral Fund has a proven track record and quire private land for the Appalachian Trail, an potential of public lands in Alaska pursuant strong bipartisan support. It is based effort that is now complete. During this same to section 1010 of Public Law 96–487 (16 U.S.C. on a simple idea, that the receipts from time period, the Pacific Crest Trail, managed 3150); and of which not to exceed $1,000,000 nonrenewal public resources, like off- shall be derived from the special receipt ac- by the Forest Service, has received a fraction shore oil and gas, should be reinvested count established by the Land and Water into a renewable resource: public open of that amount for land acquisition. As I stated Conservation Act of 1965, as amended (16 earlier, the 300 miles of trail that run along space. U.S.C. 460l–6a(i)); and of which $2,500,000 shall Now a trust fund was established dangerous throughways are the result of this be available in fiscal year 2000 subject to a failure. match by at least an equal amount by the over 30 years ago to meet the need for I am pleased to announce that Chairman National Fish and Wildlife Foundation, to more open space. In that time, tens of REGULA has agreed with many of my Cali- such Foundation for cost-shared projects thousands of park and recreation fornia Colleagues that this trail needs to be- supporting conservation of Bureau lands and projects across the country have been come a priority. I am pleased that he saw fit such funds shall be advanced to the Founda- funded. Ball fields, scenic trails, nature tion as a lump sum grant without regard to to include a line-item of $1.5 million for this preserves, and historical sites all have when expenses are incurred; in addition, been saved for future generations. project in the Interior Appropriations Act. I am $33,529,000 for Mining Law Administration more pleased that the report language in- Unfortunately, in recent years, Con- program operations, including the cost of ad- gress has chosen to walk away from its cluded will leave no doubt in anyone's mind of ministering the mining claim fee program; the importance that this project now holds. to remain available until expended, to be re- commitment to States and local com- I would like to thank Chairman REGULA on duced by amounts collected by the Bureau munities. While the Federal funding of behalf of myself, my constituents, the many and credited to this appropriation from an- the LWCF, which protects Federal users of the Pacific Crest Trail for his leader- nual mining claim fees so as to result in a lands, has been funded, the State-side ship on this important issue. final appropriation estimated at not more program has been zeroed out. By fail- Mr. DICKS. Mr. Chairman, I yield than $632,068,000, and $2,000,000, to remain ing to fund the State-side program, we available until expended, from communica- back the balance of my time. are walking away from an important tion site rental fees established by the Bu- promise. This amendment proposes to Mr. REGULA. Mr. Chairman, I yield reau for the cost of administering commu- back the balance of my time. nication site activities, and of which help rectify that mistake by re- The CHAIRMAN. Pursuant to the $2,500,000, to remain available until ex- directing $30 million in the bill to the rule, the bill shall be considered for pended, for coalbed methane Applications for National Park Service for the purpose amendment under the 5-minute rule. Permits to Drill in the Powder River Basin: of funding the State-side program. H5410 CONGRESSIONAL RECORD — HOUSE July 13, 1999 This amendment offsets this modest supported by the National Association ances, they need to have a strong econ- step by reducing funding for the En- of Realtors. That speaks clearly to the omy. A strong economy is built on en- ergy Department’s fossil energy re- broad support enjoyed by the State- ergy all across the board. And to take search and development by $29 million side program. a bite out of fossil energy research is and for the Bureau of Land Manage- I urge my colleagues to support this certainly shortsighted in this day and ment’s transportation facilities and bipartisan effort to reinstate the State- age, because we have no idea what the maintenance by $1 million. Frankly, side program of the Land and Water needs will be. Mr. Chairman, we should be arguing for Conservation Fund and to support a Our energy programs are not only much more than $30 million. It would healthier environment for us all. useful in terms of developing new tech- take literally hundreds of millions of Mr. REGULA. Mr. Chairman, I rise in niques to use the resources we have, dollars to restore the trust in the trust opposition to the amendment. coal, natural gas, and the other types fund and gives States what they are Mr. Chairman, we have to rise and of energy that is part of the ownership owed. All we are asking today is a mod- object to this amendment. We are faced of the United States, but these pro- est step in the right direction. with $15 billion in backlog mainte- grams also generate jobs in the United Critics will argue that the States nance in our parks, in our forests, and States because we sell this technology should take up the slack, that they our other Federal agencies. In 1999 to other countries. China, with 1.2 bil- should fund these projects by them- every State had a surplus. All States lion people is very energetically trying selves. After all, many States have have a surplus. Forty-nine States had a to get into the 21st century, and they large surpluses, so why should they not surplus in 1998. It seems to me it is need power. They need to use their coal foot the entire bill? I would point out time for them to measure up in meet- resources. They will buy the tech- the States have been and will be part of ing their own needs. nology that we develop in our fossil the State-side program. The program is The fact of the matter is they prob- programs. That is good for America a partnership, as States and towns ably ought to send us some money to and good for jobs. match every Federal dollar. support our parks, because every na- Mr. McGOVERN. Mr. Chairman, will By passing this amendment, we will tional park, every national forest, the gentleman yield? urge States to use more of their own every fish and wildlife facility, every Mr. REGULA. I yield to the gen- money to fund these vitals projects; we BLM is in a State, and it is providing tleman from Massachusetts. will help those States leverage money; recreation. It is providing all kinds of Mr. McGOVERN. Mr. Chairman, the we can help get open space preserva- benefits for the people of these States, gentleman mentioned we take a bite tion off the drawing boards. and I think these facilities need addi- out of the fossil fuel research and de- That is why State and local officials tional support. The States should ac- velopment account. My bill takes $29 across the country support the State- cept responsibility. million from an account that is in ex- side program. Those opposed to this I can remember when there was a cess of $360 million. That is 8 percent, amendment should ask their governor, State-side program. A lot of the money $30 million to go to help preserve their mayor, their city counselor, their went into golf courses, marinas, swim- parks, to help preserve ball fields and town manager if they support the Land ming pools, tennis courts, and other fa- recreational areas for our kids in cities and Water Conservation Fund. Ask cilities of that type. I do not think it is and suburban areas. them if they could use a little Federal the Federal responsibility to fund these We all talk about livable commu- help in preserving parks and open programs for the States. They should nities, and $30 million is not that space. meet their own needs. They have the much. Quite frankly, as I said, we Last year 10 States, 22 counties, and money to do it with. should be asking for much more than 93 towns voted on open-space initia- Thirteen States had a surplus in ex- that, given the promise this Congress tives. Almost 90 percent of these initia- cess of $1 billion in 1998. Twenty-one made to the American people. tives passed, triggering over $5 billion States had a surplus in excess of 10 per- Mr. REGULA. Reclaiming my time, in preservation spending. Clearly, cent over their annual funding. One Mr. Chairman, the gentleman is right, America is saying something. It is time State has three times what it needs to it is not that much. Spread over 50 that Congress listens. manage its annual budget. Yet here we States, it would barely make a dent. We have all talked about issues of are talking about sending out some of About all we would get done is hire the sprawl and livable communities. We the desperately needed money that we people to administer the funds. I think have all seen, often in our own congres- should use for additional land acquisi- it is unrealistic to think about $30 mil- sional districts, space that was once tion, where we have inholdings in our lion, and yet it would cripple some of open and green converted into a strip parks; to meet the maintenance needs these important fossil programs. mall or a housing development. of our parks; to do a responsible job of Furthermore, we have to take care of Now is the time to do something managing these parks. the maintenance of what we have. We about it. Kids in cities need safe green For these reasons, Mr. Chairman, I have a Federal responsibility. These places to play in. Without safe, healthy think that the States should take their funds are generated from Federal parks they go home to school and back own responsibility and use their sur- lands. without ever interacting with a nat- plus funds to meet their needs, because The CHAIRMAN. The time of the ural area, a few trees, some grass, and many of these programs are coordi- gentleman from Ohio (Mr. REGULA) has a place to explore. nated with the Federal facilities, and expired. Unused open space in a rural area is certainly it is something that they (By unanimous consent, Mr. REGULA nature. Unused open space in a city is have the resources to do that with. The was allowed to proceed for 1 additional a vacant lot with garbage, glass, dirty responsible position on this amend- minute.) needles, and crime. In the suburbs, ment is to vote ‘‘no,’’ to retain these Mr. REGULA. Mr. Chairman, these family farms and woodland are being funds for the Federal challenges that are funds are generated beyond the 3 paved over, succumbing to the rav- we have. mile limit offshore. The States get the enous appetite of sprawl and develop- And, of course, the offset is fossil en- revenues from their own State lands, ment. ergy. This is an important program. and they get the revenues from the Time is running out. For every year The fossil energy program guarantees first 3 miles from offshore. we walk away from funding the State- our future in terms of energy. Just this We asked the National Governors As- side program, another park disappears, week it was announced that the price sociation to tell us how much the another open field vanishes, another of gasoline was going up. How do we States collect in revenues from their healthy green space is lost forever. know there will not be another OPEC own lands, and they would not tell us. This amendment, as I said, is sup- crisis? In this bill we are trying to pro- They did not want us to know because ported by every major environmental vide the resources to DOE to ensure that would be something that would organization in the country. It is sup- that that does not happen. If the States not be terribly attractive when they ported by our Nation’s governors, it is are to continue that kind of prosperity are trying to get their hand in the Fed- supported by our Nation’s mayors, it is that is giving them these huge bal- eral till. July 13, 1999 CONGRESSIONAL RECORD — HOUSE H5411 But I also might point out that the the LWCF programs have provided New outside the State boundaries, but the States now get over $600 million that Jersey with over $145 million in match- money is going to go to create, main- they share with the Federal Govern- ing funds to acquire open space and de- tain, preserve environmentally sen- ment on royalties and payments to velop recreational facilities. sitive areas both on the coast and else- counties and so on. So keep in mind we America’s favorite park is not one of where. are already doing a lot, and that cou- those big parks somewhere else. Amer- That was the compromise. That was pled with their own State funds from ica’s favorite park is the neighborhood the quid pro quo which led to the Land their lands is more than the Land and park that America can get to. and Water Conservation Fund. Water Conservation Fund in total. For example, the Land and Water The problem was that the exact ex- Mr. McGOVERN. Mr. Chairman, if Conservation Fund supported the first pression of the compromise was not the gentleman will continue to yield, county park to open in Hudson County, written into law and, as so often hap- $30 million may not sound like a lot of New Jersey, in nearly 80 years. It also pens in the Congress of the United money to some people in this chamber helped us add nearly 650 acres to Jenny States, understandings that were here, but it means a lot to some of the Jump State Forest and to develop Lib- reached at one time that were not re- communities. erty State Park, one of our Nation’s duced to the precise words of the stat- We are talking about towns trying to most historic attractions. ute were forgotten. As happened ever acquire land that may be only a couple These tremendous benefits do not since we began the process of using hundred thousand dollars. And every stop in New Jersey. LWCF is doing trust funds to fund our deficit, the State under this bill would get some wonderful things across the country. Land and Water Conservation Fund money. The State of Ohio would get We can make preserving our open built up; and year after year, we used it close to $1 million. That money would spaces a priority, but we need to pre- just like we did the Social Security mean a lot to a lot of communities try- serve land. And the need to preserve trust fund, to make the deficit seem ing to protect open space and park land exceeds the supply of State and smaller. land. local funds. That is why we must re- That is the story. That is what has Mr. HOLT. Mr. Chairman, I move to store the Stateside funding for LWCF. been happening. Now, we are all very proud of the fact strike the last word, and I rise in sup- It would help us to acquire lands across that we might be coming to a point port of the interior appropriations bill the United States that are truly of na- where we need not actually any longer and in support of this amendment. tional significance, from our precious Mr. Chairman, the gentleman from borrow from the Social Security trust coastal areas in California to the New Ohio (Mr. REGULA), the chairman of the fund. In fact, we still do borrow from Jersey highlands region. committee; the gentleman from Wash- it. I think all of us remember last year It would help our Nation continue to ington (Mr. DICKS), the ranking mem- we dealt with the borrowings from the develop urban waterfront parks, a vital ber; and the members of the sub- Highway Construction trust fund and part of restoring cities. And each committee have done an excellent job we said that was wrong, we should not State’s growing partnership in preser- on the bill, and I applaud them for continue to borrow from that trust vation with local governments and their efforts. fund for general revenue purposes to nonprofit agencies would benefit from I am also pleased to join my col- make the deficit seem smaller. a restored Stateside allocation. leagues, the gentleman from Massachu- And any colleagues will remember Across the United States, local gov- setts (Mr. MCGOVERN), the gentleman that this year we finally got around to ernments are leading the way in the from California (Mr. CAMPBELL), and deal with the Airport trust fund, the preservation of lands and natural re- the gentleman from Pennsylvania (Mr. fund that was created out of the fees sources, but they need Federal help to HOEFFEL), in support of our amend- charged to airline passengers that that build on and complement what the ment to offer additional funding for the money would not simply be used as a States are already doing. This money Land and Water Conservation Fund. general slush fund to make the deficit We in New Jersey see firsthand the could be used to protect our Nation’s seem smaller but that, in each case, we benefits of natural resource protection. shorelines, to reduce pollution, to pre- would use the money that we raised The citizens of my State have used our serve open land, to increase rec- from the American people for the pur- collective wisdom, I hope, to volun- reational opportunities, and to main- pose that we said we were intending it tarily preserve 40 percent, let me re- tain wildlife. when we imposed the tax or the charge We are doing our part in New Jersey. peat, 40 percent of our land by the year or the fee in the first place. Now we are asking that the Federal 2010. The Garden State has a national So if that is the Social Security, we Government join us in our partnership reputation for making consistent ef- will put it away in a lock box for social by restoring Stateside funding for forts to preserve and protect our nat- security purposes only. If that is the LWCF. ural resources. Airport trust fund, it would only be Between 1961 and 1995, New Jersey New Jersey’s commitment to open used for improvements in safety in air- voters approved bond issues totaling space protection has helped increase ports. If it is the gas tax, it would only more than $1.4 billion to acquire 390,000 awareness for environmental concerns be used for improvements of our inter- acres of open space to preserve historic throughout the country. We must take state highway system and those sys- sites and to develop parks. Last No- action today to protect open space and tems that connect to it. In other words, vember, there was overwhelming voter to provide outdoor recreation facilities keep the promise. approval of a $1 billion open-space ini- across the Nation. In the Land and Water Conservation I ask my colleagues to support the tiative. Fund, we have not kept the promise. McGovern-Campbell–Hoeffel-Holt This fund generates over $900 million b 1615 amendment for Stateside funding of each year, this year in particular, and Local citizens not only in New Jersey the Land and Water Conservation yet we are allocating just over $200 but on a national level keep making Fund. million for its intended purpose, the the argument that we are losing open Mr. CAMPBELL. Mr. Chairman, I acquisition and the preservation of lands to housing complexes, to shop- move to strike the requisite number of Federal lands. ping centers and that we need to do words. At this point, I should say, and I something to save our open spaces. Mr. Chairman, here is the story: The should have said at the very start, I Today, we continue the fight to revi- money comes from a fund. The fund have nothing but the highest regard for talize the Federal portion of the open was created out of the leases on off- the chairman of the subcommittee. He space partnership. The Land and Water shore oil. And a compromise was has always been very honest and forth- Conservation Fund, or what has been worked out. The compromise was in right in his dealings with me. And I called the ‘‘cornerstone of American 1965. The compromise said, since there know that he personally would like to conservation and recreation,’’ should is serious environmental questions see more money available for the Fed- be strengthened. about offshore oil leases, nevertheless, eral component of preservation, acqui- Our Nation is enjoying tremendous there is a serious energy need. We are sition, enhancement of our natural benefits from the LWCF. Since 1965, going to allow those offshore leases treasures. H5412 CONGRESSIONAL RECORD — HOUSE July 13, 1999 I agree with the chairman that we of money on maintenance and con- oped that coal, who mine that coal, are underfunding our parks and main- servation, which was part of the intent. who brought that oil out of the ground tenance thereof. I totally agree with Mr. CAMPBELL. Mr. Chairman, I be- have given us cheap energy to build the him. I just wish we could find more lieve the gentleman has very good pur- economy that we have today. And now money for that purpose. But what I do poses for the money. I just do not the authors of this amendment are not think is right is to continue a proc- think it is the purpose intended in set- causing us to say, because we do not ess of using money raised for one pur- ting up this system. want the States to be partially respon- pose for another in order to make the The Land and Water Conservation sible for more livable space and for deficit seem smaller. We should not be Fund was to preserve, to acquire, to more park space and for reclamation of borrowing, essentially, $700 million out maintain special land as a quid pro quo land, that we are going to tell those of the $900 million that are raised from for allowing the lifting fee. And when areas, the heck with you. You have al- these offshore oil lifting fees for pur- we use it for other intended purposes, ready given us that cheap technology. poses that were never intended. They it is no different than using the Social We are walking away from you, we are are going into the general revenue. Security trust fund or the Airport turning our back, and we are going to Mr. Chairman, I yield to my good trust fund or the Highway trust fund. take 10 percent of your money, and we friend, the chairman of the sub- Mr. REGULA. Mr. Chairman, I think are going to move it over here without committee to engage him in a colloquy it depends on the definition of the gen- having that discussion. if he would like. tleman of ‘‘conservation.’’ The electric utilities have already Mr. REGULA. Mr. Chairman, I would Mr. KLINK. Mr. Chairman, I rise to made dramatic reductions in their say to my colleague, he understands strike the requisite number of words emissions. Sulfur pollutants have been that we have a moratorium on drilling and speak in opposition to the amend- cut in half from the 1990 levels. Our in the Federal waters offshore Cali- ment. coal reserves in this country are equal fornia that would normally be gener- First of all, Mr. Chairman, we are not to one trillion barrels of oil. At current ating these revenues? against livable space; and we are not consumption rates, we can fuel our Mr. CAMPBELL. Mr. Chairman, I do. against parks. We wish that the au- economy for the next 250 years. Coal is Mr. REGULA. So I think it is a little thors of this amendment would have the Nation’s most affordable fuel for bit out of place in a sense for California sat down and talked to some us who power generation. It is why the U.S. to want this money. come from areas where fossil fuel is has the least expensive electricity of But, aside from that, am I correct, important, and we could have had a any free-market country. We do not this is not limited to the purchase of discussion with the authors to try to want to have to balance livable space land by the States? They could build determine how we might have accom- and park space and who is responsible marinas. They could build swimming modated what they want to accomplish for it against a significant portion of pools. They could build tennis courts. without hurting something that is in- that research dollars. And, again, that Mr. CAMPBELL. Mr. Chairman, re- credibly important not only to our is what the authors of this amendment claiming my time just to respond, if States and to our region but to this are asking us to do. my colleague believes in federalism, country and, in fact, to the world. DOE’s research and partnership with the States should control the priorities In December of 1997, I was in Kyoto industry has focused on technologies set for the resources devoted to the when we passed the Kyoto agreement. I that permit us to use the full potential States. was not in favor of that agreement. I of fossil fuels without damaging the en- I quite agree with the point of the thought that we had made some errors. vironment. gentleman that there ought to have But I talked to some people from Some of us who come from, and I been dedication of some of this money, around the world that said, we need hate sometimes to use the word if not all of it, to the Federal side. But cleaner technology; we like what you ‘‘rustbelt,’’ but for those of us who I did not control the amendment this are doing with cleaner coal technology; come from the Northeast and the Mid- year. This year the amendment is a we like some of the things are you west where we lost tremendous num- very small one. doing; there is a marketplace out bers of jobs, areas where coal was The CHAIRMAN. The time of the there. mined, where oil was discovered, where gentleman from California (Mr. CAMP- This committee has had to cut fossil the coal industry and the steel indus- BELL) has expired. energy research by over 20 percent in try have gone down and people have (By unanimous consent, Mr. CAMP- the past 4 years. To make further cuts been laid off by the tens of thousands, BELL was allowed to proceed for 1 addi- at a time when the world is looking to indeed hundreds of thousands, we are tional minute.) us for new technologies so we can have trying to balance reclamation of those Mr. CAMPBELL. Mr. Chairman, I cleaner air and more fuel efficiency is brownfield sites, reclamation of those yield to the gentleman from Ohio (Mr. an irresponsible act. inner city areas that could be used as REGULA). The United States has large quan- parks, with the creation of jobs, with Mr. REGULA. Mr. Chairman, I think tities of crude oil within our borders. I the keeping of jobs. the point the gentleman made, it is the can remember the gas lines back in They are causing us now to make ‘‘Land and Water Conservation Fund.’’ 1973, and I can remember the gas lines Sophie’s choice, to decide whether or Conservation includes taking care of in 1979 during those Arab oil embar- not we want to be able to reclaim those maintenance. It means conserving the goes. For every barrel of oil that we sites, whether we want to be able to resources. We are using the money in produce in this country, we leave two promote livable space, and whether we this way. We did not use all of it to buy barrels behind in the ground. We need want to kill what is left of those blue- land, but we use it for conservation of to develop the technology. collar industries that are still in our our national resources. I heard somebody mention earlier area. Mr. CAMPBELL. Mr. Chairman, if I that we are only talking about 9 or 10 We still, fortunately, mine some coal may put a question to the gentleman percent of the budget. I have not been in Pennsylvania. We would like to be in return. If I have this wrong, I stand in Washington, D.C., long enough to able to have more fossil fuel R&D so ready to be corrected. put the word ‘‘only’’ in front of $30 mil- that we can continue to produce more Is it not true that the fund raises $900 lion. This $30 million would be crip- coal and we can find a market for it. million? pling to what we are trying to do. b Mr. REGULA. Mr. Chairman, that is We just had the EPA saying that we 1630 correct. are going to go to a particulate matter As the gentleman from Ohio (Mr. Mr. CAMPBELL. Mr. Chairman, and standard of 2.5 microns. That is going REGULA) said, and I associate myself yet we are only devoting in the bill of to require an even greater reduction in with his remarks, we want to create fu- the gentleman $205 million to this in- sulfur and nitrogen emissions. It is just ture jobs of showing the world how tended purpose? a matter of fact. We have entire re- they can better use those carbon-based Mr. REGULA. Mr. Chairman, that is gions of our Nation, entire commu- fuels, whether it is oil, whether it is correct. But we are also spending a lot nities, where the workers who devel- natural gas, whether it is coal, we can July 13, 1999 CONGRESSIONAL RECORD — HOUSE H5413 take that technology and again cre- States and the public when we allowed nities to build their tennis courts and ating a lot more jobs and new tech- offshore oil drilling. This amendment swimming pools and marinas? nologies here based on these old tech- would revive a program that had a Mr. BOEHLERT. I only can say, re- nologies. proven track record of providing rec- claiming my time, what the Governor Mr. REGULA. Mr. Chairman, will the reational facilities for millions of of the great State of New York, George gentleman yield? American families. This is a program Pataki, has done. He went to the peo- Mr. KLINK. I yield to the gentleman that truly improved the quality of life. ple of the State of New York and asked from Ohio. There is no shortage of appropriate them, he put his name and credibility Mr. REGULA. I thank the gentleman opportunities for using this money. on the line and he got passed, the vot- for yielding. It just struck me that we Every State has a backlog of projects ers passed, a $1.75 billion environ- visited Mount St. Helens last week and that has been piling up in anticipation mental bond issue. That bond issue is they said that some of the ash from of this money being restored. These used for a whole host of very worthy that disaster went all the way around projects will provide parks and play- projects within the State of New York the world and came back to Mount St. grounds and preserve sensitive lands that helps improve the quality of life. Helens. That illustrates how pollution that otherwise would be subject to de- I just want to have this money which travels worldwide. The point the gen- velopment. is earmarked for a specific purpose, a tleman makes is absolutely correct. The momentum for reviving the portion of it used for that specific pur- The CHAIRMAN. The time of the State portion of the Land and Water pose, because I think the families of gentleman from Pennsylvania (Mr. Conservation Fund has been growing America deserve improved parks, I KLINK) has expired. this year as more Members have know that is one of the gentleman’s (On request of Mr. REGULA, and by learned about the good that has come primary objectives, and recreational unanimous consent, Mr. KLINK was al- from this program. My own Commis- areas. I think we can make a dent in it lowed to proceed for 1 additional sioner of Parks and Recreation, Berna- by what we do here by voting for this minute.) dette Castro, of New York, has been a very important amendment. Mr. REGULA. Mr. Chairman, it is not real leader in the effort. The various Once again, let me thank the gen- just the United States that needs clean bills to take the program off-budget tleman from Ohio for his leadership. energy technology but that the rest of and guarantee it a stream of funding Mr. Chairman, I rise in strong sup- the world have it because otherwise we are evidence of that newfound support. port of this amendment. pay the price along with their own peo- But those bills will not come up for This amendment has a very simple ple. some time and will probably not pro- purpose—to revive the state portion of Mr. KLINK. I thank the gentleman. vide any money next year. We need to the Land and Water Conservation Reclaiming my time, I just want to act now. Fund. Under federal law—law that has make a few points. I do not envy the plight of the gen- been in effect for 35 years—states are The kind of research that is taking tleman from Ohio (Mr. REGULA) who is supposed to get a portion of revenues place with these dollars that they want dealing with a difficult hand because from off-shore oil drilling to use for to shift over, it is not that their pro- there are so many restrictions on what recreation and conservation projects. gram is not important but we are talk- he can do. I would like to, if I could This amendment is a first step toward ing about research that would reduce wave a magic wand, give him and the fulfilling that commitment, which has pollutants to 10 times below current subcommittee more money to deal been ignored over the past several Federal requirements, that would boost with, because I think they deal with it years. power plant efficiency to almost double in a very responsible way. But this is a But this is not just a matter of ful- what today’s capabilities are, from 33 long-standing commitment. This is filling a commitment made to the to 60 percent, so that one power plant just an entry to restore a program that states and the public when we allowed of the future can do the work of two of has served a very useful purpose. off-shore oil drilling. This amendment the world’s power plants today. We talk a lot about family values. would revive a program that had a If Members want to burn less coal, if What is more important to the family proven track record of providing rec- they do not want to have to look at than having these magnificent parks reational facilities for millions of building more nuclear power plants and and recreational areas so that they to- American families. This is a program doing other things that may be dis- gether can enjoy a good life. that truly improved the quality of life. tasteful, let us continue that kind of I urge support of the amendment. I And there is no shortage of appro- research. I just think that we could want to thank the chairman and the priate opportunities for using this find a better way to do this. I think it subcommittee for being very thought- money. Every state has a backlog of is unfortunate the offset, again that ful and deliberative in the process. I projects that has been piling up in an- you are making us take Sophie’s would point out to the distinguished ticipation of this money being re- choice. I would request and ask all of gentleman that there are some who stored. These projects will provide the Members that are listening to this, want to do away entirely with the parks and playgrounds and preserve Mr. Chairman, to vote ‘‘no’’ on this clean coal technology program under sensitive lands that otherwise would be amendment. the theory that if we do away with it, subject to development. Mr. BOEHLERT. Mr. Chairman, I that is environmentally responsible be- The momentum for reviving the state move to strike the requisite number of cause we are dealing with fossil fuels portion of LWCF has been growing this words. and we all know that they pollute a year as more Members have learned (Mr. BOEHLERT asked and was given lot. I am not one who subscribes to about the good that has come from this permission to revise and extend his re- that. I have worked with the gen- program. The various bills to take the marks.) tleman as he well knows to protect the program off-budget and guarantee it a Mr. BOEHLERT. Mr. Chairman, this clean coal technology program and stream of funding are evidence of that amendment has a very simple purpose, constantly improve it under the theory new-found support. But those bills will to revive the State portion of the Land that if we have cleaner burning coal in not come up for some time and will and Water Conservation Fund. Under the future, we are going to have a probably not provide money next year. State law, law that has been in effect cleaner, healthier, safer environment We need to act now. I urge my col- for 35 years, States are supposed to get for all of us. leagues to support this amendment. a portion of revenues from offshore oil Mr. REGULA. Mr. Chairman, will the Mr. HOEFFEL. Mr. Chairman, I move drilling to use for recreation and con- gentleman yield? to strike the requisite number of servation projects. This amendment is Mr. BOEHLERT. I yield to the gen- words. a first step toward fulfilling that com- tleman from Ohio. Mr. Chairman, I rise in support of the mitment which has been ignored over Mr. REGULA. Does the gentleman McGovern-Campbell-Hoeffel-Holt the past several years. have any evidence that any of these 50 amendment and urge its adoption. I lis- But this is not just a matter of ful- States that have surplus balances have tened very carefully to the comments filling a commitment made to the given some money to the local commu- of my friend from Pennsylvania and H5414 CONGRESSIONAL RECORD — HOUSE July 13, 1999 understand very well his concern about fund has not been allocated the funding Mr. Chairman, we should not be the fossil fuel research and develop- that it deserves, but for the last 5 or 6 disinvesting in fossil fuel research in ment program that is being used as an years the program has not received this country. We should be reinvesting. offset for the proposed $30 million to be funding at all. Here in the United States we have be- directed to the state-side program of Mr. VENTO. Mr. Chairman, will the tween 250 and 300 years of a coal sup- the Land and Water Conservation gentleman yield? ply. That is more recoverable oil than Fund. I know that a number of my Mr. HOEFFEL. I yield to the gen- the entire world has. That is correct. friends and my mentors from Pennsyl- tleman from Minnesota. That is more than the entire world has vania have a concern about this Mr. VENTO. Mr. Chairman, I thank in recoverable oil. We should not be amendment because of the offset. the gentleman for his statement and disinvesting. We should be reinvesting. It is only a partial answer to say to rise in support of this amendment. This I have the honor and privilege of rep- them that the offset represents 8 per- is a good amendment. This is a good resenting the anthracite coal fields of cent, certainly not a majority, 8 per- bill. It does not have all the baggage on Pennsylvania along with the gen- cent of the fossil fuel funding. A better it that some of the bills have had in tleman from Pennsylvania (Mr. KAN- answer, I believe, is that this amend- past years with regards to taking one JORSKI) and the gentleman from Penn- ment is not about fossil fuel research step forward and two back. I commend sylvania (Mr. SHERWOOD), a clean burn- and development. As everyone knows, the subcommittee chairman and the ing coal that meets all EPA require- budgetary rules require us to have an ranking member for their work. ments, low in sulfur and high in Btu. offset. This is about restarting the On this particular topic, I think that We should be investing in alternative state-side part of the land and water this is an improvement, a modest im- uses of coal. conservation program. If the fossil fuel provement in this bill. This bill does I currently have a bill pending before program is as good as they say, and I not have enough money to go around, the Committee on Ways and Means to have the belief that if it is as good as that is a problem we have to deal with supply incentives, tax incentives so they say, then funding will be restored, through the 302(b) allocations and the that we can take advantage of tech- funding will be provided. They cur- budget caps that we have in place. The nology that already exists, where we rently receive $360 million for the fossil quicker we start facing up to that, the can turn waste coal and raw coal into fuel program, and the state-side part of better off we are going to be. gasoline and into diesel fuel. These are the Land and Water Conservation Fund But these dollars come, as the gen- the types of things we should be doing gets zero. tleman from Pennsylvania has stated, with fossil fuel research. If Members believe in the develop- from the Outer Continental Shelf and There is research being done at Penn ment of parks at the State and local the fact is that we are pledged to take State and Wilkes and many univer- level, if they believe in the develop- $900 million from that, available until sities all over Pennsylvania and West ment of recreational opportunities at appropriated, for the Land and Water Virginia. We should not be cutting re- the State and local level, we must pass Conservation Fund, and a goodly por- search in these funds. We are too de- this amendment to get this program tion of that should be going to the pendent in this country on foreign oil back into business, and the fossil fuel States. The fact is this bill has nothing already. I say to my colleagues in the Con- programs supported by my very good in for that. It has less than a third of gress, we go through this fight every friends will certainly attract their own the money being appropriated from the year. Every year this program is at- level of support. Land and Water Conservation Fund tacked. It has been cut significantly The Land and Water Conservation and a small portion of the Historic over the years. I thank the chairman Fund has been the most successful of Preservation Fund. It is almost over a all Federal programs to direct Federal and the ranking member for the num- billion dollars that were pledged using ber that they have arrived at this year, funding toward the acquisition of open up one resource and investing in an- space and parkland and to develop rec- protecting the research that is in this other. While this research on fossil fuel bill. I encourage all my colleagues to reational opportunities. It is premised is good in itself, the fact is that we vote against this amendment. It is bad on very sound notion that when the have to have a balanced bill. for Pennsylvania, it is bad for West nonrenewable resources on the Conti- The CHAIRMAN. The time of the Virginia, it is bad for Kentucky, it is nental Shelf are developed for profit, gentleman from Pennsylvania (Mr. bad for southern Illinois. We should de- that some share of that generated HOEFFEL) has expired. feat this amendment. wealth should be given back to the (On request of Mr. VENTO, and by Ms. WOOLSEY. Mr. Chairman, I Federal Government and the State gov- unanimous consent, Mr. HOEFFEL was move to strike the requisite number of ernments to enhance recreational op- allowed to proceed for 2 additional words. portunities. It is the State part of that minutes.) (Ms. WOOLSEY asked and was given equation for 5 years that has not been Mr. VENTO. Mr. Chairman, I thank permission to revise and extend her re- funded at all. That is what we are try- the gentleman for yielding and for his marks.) ing to generate funding for through work on this and the gentleman from Ms. WOOLSEY. Mr. Chairman, I urge this amendment. These recreational Massachusetts (Mr. MCGOVERN). I am my colleagues to support the McGov- opportunities are really the workhorse pleased to rise in support. ern-Campbell–Hoeffel-Holt amendment of our recreational opportunities in Mr. HOEFFEL. I thank the gen- and add $30 million to the Land and this country. tleman for his comments. Water Conservation Fund state-side The programs to be funded by this I would simply conclude, Mr. Chair- program, a program that funds local State and Federal share would not be man, by saying it is critically impor- community needs, such as purchasing the parks with the grandeur of the Te- tant that we get this State aspect of land for parks within a city itself. tons or the vastness of Yellowstone but the Land and Water Conservation Fund These funds come from Outer Conti- they would be the parks and rec- back into business so we can provide nental Shelf oil drilling revenues. They reational opportunities that people the matching funds to State govern- are intended to be funded by $450 mil- would use every day, the ballfields, the ments to provide those local rec- lion annually for Federal land pur- local parks, the swimming pools that reational opportunities that are so im- chases and $450 million annually for all Americans need access to and that portant to all Americans. state-side purchases. However, we only all Americans use. Even if they cannot Mr. HOLDEN. Mr. Chairman, I move see a small fraction of that money for afford a vacation out West, even if it is to strike the requisite number of those intended purposes. not accessible for them to go to Yosem- words. Since its inception in 1995, the Land ite or Grand Teton, they can use these Mr. Chairman, I rise in opposition to and Water Conservation Fund has been local recreational opportunities. That the amendment, not because of the invaluable in protecting wetlands, is what we are trying to restore. This cause that the authors of the amend- wildlife refuges, endangered species State aspect of the Land and Water ment have championed but because habitat and creating parks and open Conservation Fund worked well for a where they intend to take their offsets spaces as well as providing land for number of years although the entire from. recreation. July 13, 1999 CONGRESSIONAL RECORD — HOUSE H5415 b 1645 munities and throughout our Nation; Well, let me tell my colleagues the Stateside has protected more than 2 and in the past, since 1965, we have ap- Stateside Land and Water Conserva- million acres of recreational land and propriated some $3 billion to local gov- tion Fund has been an offset for every- helped develop more than 27,000 basic ernments, States and local govern- thing else this government has wanted recreation facilities nationwide. ments, to help them protect and pro- to do because the money has been pi- This year the President asked for vide and conserve these assets. They rated out of this fund and used for $200 million for Stateside, but for the have matched that with an additional whatever purposes to make the deficit fifth consecutive year Stateside was ze- $3 billion. That tells us the kind of pri- look smaller or for whatever programs roed out by the committee. It is time ority that our local communities place the Congress of the United States we invest in the Stateside part of the upon this program. wanted to do. We owe this fund billions Land and Water Conservation Fund. But in 1995 it all stopped, it all of dollars, and here we have an effort This could mean more than $2.5 million stopped. One of the most successful by the gentleman from Massachusetts for my State, California, and this programs that we have at the Federal (Mr. MCGOVERN) and the gentleman amendment would mean a lot to most level stopped. Since that time, if we from California (Mr. CAMPBELL) and of the States in this Nation. were to put the money that this pro- the gentleman from New Jersey (Mr. As our Nation grows, we must fund gram was truly entitled to, there would HOLT) and the gentleman from Penn- preservation because funding preserva- have been an additional $2.5 billion sylvania (Mr. HOEFFEL) to restore $30 tion is smart growth. If someone has that would have then been matched by billion for the next fiscal year so our land in one of my colleagues’ areas, in another $2.5 billion, $5 billion going communities can get on with improv- their community, that could be pur- into improve the quality of life and to ing the quality of life and protecting chased in their district for everyone in protect and conserve natural resources these assets. And as flush as the gen- the district to enjoy, because I know I and assets and local communities based tleman from Ohio (Mr. REGULA) will do, and I bet all of my colleagues do, upon the priorities of those local com- tell us the States are, I do not see peo- actually, they should support this munities. ple saying we are not going to send amendment. Open space preservation is Many speakers have gotten up here them PILT or we are not going send smart growth, and it is a bipartisan and told about how their States have them money, so this is about priorities. But as flush as those States are, the idea that has generated great support passed bond issues to help to do this. list of projects that are essential and across the Nation. Local jurisdictions have added to their In the last election, there were 148 tax revenues, they have added on to necessary to continue the growth; oth- ballot measures from coast to coast re- their sales tax, they have added on to erwise, do my colleagues know what garding open space. Amazingly, 84 per- their gas tax to try and protect these they get? They get what we have in so many communities now, no growth, no cent of these measures passed, showing resources, and this money flows into improvements, no transportation im- the strong support that American peo- that in a partnership with not only provements, because people see with ple have for open space and for State- those local governments but with foun- congestion, the lack of quality of life, side programs; and hopefully my col- dations and private individuals and that they are not going to engage in leagues will also support the Resources corporations and others that contrib- that kind of economic growth. 2000 bill of the gentleman from Cali- uted. This money becomes a catalyst for billions of dollars that benefit our This is one of the buffers that allows fornia (Mr. MILLER), H.R. 798, which our communities to continue to be a would fully fund the Land and Water local constituents and our local com- munities; and it is a very, very impor- decent place to live, a decent place to Conservation Fund permanently. raise our children and to enjoy and to Please support the McGovern amend- tant amount of money. It is very im- portant in the sense that the opportu- do business. ment. Mr. REGULA. Mr. Chairman, will the nities are being lost in so many of our Mr. GEORGE MILLER of California. gentleman yield? Mr. Chairman, I move to strike the communities through rapid growth to Mr. GEORGE MILLER of California. requisite number of words. kind of provide the kind of protection I yield to the gentleman from Ohio. (Mr. GEORGE MILLER of California that is necessary so we can have open The CHAIRMAN. The time of the asked and was given permission to re- spaces. gentleman from California (Mr. MIL- vise and extend his remarks.) Yes, it might include a swimming LER) has expired. Mr. GEORGE MILLER of California. pool or two; and, yes, it might include (On request of Mr. REGULA and by Mr. Chairman, I rise in very strong a swimming lagoon on important rivers unanimous consent, Mr. GEORGE MIL- support of the McGovern-Campbell– and important reservoirs in areas that LER of California was allowed to pro- Holt and Hoeffel amendment, and I rise are regional facilities. And it might in- ceed for 2 additional minutes.) also to commend the chairman of this clude trails, and it might include a lot Mr. REGULA. Mr. Chairman, the committee, the gentleman from Ohio of assets that local communities be- Land and Water Conservation Fund (Mr. REGULA), and the gentleman from lieve are important if they are going to was reduced from 300 million to 25 in a Washington (Mr. DICKS) for the job provide the kind of quality of life that Democrat Congress under the leader- that they have done with this legisla- attracts families, that attracts busi- ship of Mr. Yates, and I believe the tion under very, very difficult cir- nesses and that allows communities to gentleman in the well was a Member of cumstances; and those difficult cir- thrive and to have a thriving economy. the House at that time. I wonder how cumstances are one of the reasons that That is what this legislation was set he felt about it at the time. this amendment is here. up to do, but the oxygen has been cut Mr. GEORGE MILLER of California. I believe that this amendment is an off, the money has been cut off for no I disagreed with it then, and I dis- improvement to this legislation. I good reason. Because it was not about agreed before that was done. I mean, I think it is an important amendment, it this being a bad program or an unsuc- think that this fund, and, as my col- is an important amendment about the cessful program or a wasteful program. leagues know, I have introduced legis- future of our local communities, about It was just a decision that was made. lation to provide for the full funding, the quality of life, about the rec- And yet the law remains on the books. the full funding on water conservation, reational opportunities of our families It says we are supposed to dedicate this half to the Federal side and half to the and about the preservation of impor- money. State side, and an overwhelming num- tant lands and important assets that This is very similar to the debates ber of Members of this House of Rep- provide the quality of life that most of that we are having with respect to So- resentatives supported either my bill us want for ourselves and for our con- cial Security and we had with the or Mr. YOUNG’S bill to do that because stituents. Highway trust fund. We told the people they are hearing from their commu- The Land and Water Conservation of America that this money in this nities and also hearing what my col- Fund is a fund that was developed out fund would be used for this purpose. leagues have been telling us about the of a bargain between the development There is a lot of concerns now that the backlog in national parks and national of the offshore oil and the preservation offset is SPRO, or the offset is one of lands of this country that needs to be of nonreoccurring assets in our com- the energy funds. done there. H5416 CONGRESSIONAL RECORD — HOUSE July 13, 1999 We have starved these funds. It has more efficient fuels, we need to recog- b 1700 been a bipartisan effort to starve these nize that our energy supply, this coun- Thanks to that congressional act, funds. I am not blaming the gentleman try’s energy habits, will not and cannot nearly 7 million acres of parkland are from Ohio (Mr. REGULA). He has come change overnight. Cleaner and more ef- now protected, and over 37,000 State in almost at the end of the show where ficient means of accessing oil, gas and and local park and recreation projects it is even more difficult to try to get coal are sorely needed. have been created. his bill out of committee and meet the Finally, Mr. Chairman, I would point I cannot think of an action that the demands of this country. But that has out to my friends that the fossil energy Congress has taken that meets with been a bipartisan effort, but the time program has been revamped and re- the success of this. This is one of the has come to reverse it. The time has tooled in response to input from Con- most meritorious cases in our Nation. come to reverse it, and this amend- gress over the past few years. The fos- In my district alone, with one of its ment is a modest step in the efforts to sil energy program has shifted to focus great values being the environment do that. on such exciting new technologies such and the protection of parklands and Mr. REGULA. If the gentleman as fuel cells which are clean burning, open space, nearly 8,000 acres have been would yield further, would the gen- relocatable energy sources that fit per- preserved since 1964. In fact, it is an tleman agree to lift the moratorium on fectly into a deregulated power envi- area that is one of the envies of our Na- offshore drilling in California so we ronment; the ‘‘Vision-21’’ clean power tion because so much has been pro- could beef up the fund? plant, which will combine existing tected. Mr. GEORGE MILLER of California. technologies to greatly reduce emis- When we enacted the Land and Water Why would I do that when the gen- sions from our utilities; and gas hy- Conservation Fund to an authorized tleman is stealing all the money? drates, an exciting, hidden source of level of $900 million, we continued to Mr. DOYLE. Mr. Chairman, I move to natural gas on the ocean floor that is fund the program, but not at the levels strike the requisite number of words. estimated to offer hundreds or even that we had originally promised. In (Mr. DOYLE asked and was given thousands of times more reserves than fact, they have gone lower and lower, permission to revise and extend his re- all the existing fossil energy supplies and we have continued to divert funds marks.) combined. away from land and water and con- Mr. DOYLE. Mr. Chairman, I rise in Mr. Chairman, as our energy re- servation, and that is what this amend- opposition to the amendment offered searchers have pursued this funda- ment tries to repair in a very small by the gentleman from Massachusetts. mental shift in response to congres- way today. This well-intentioned amendment sional criticism are we governing re- I think we should take the next step would increase funding for the Land sponsibly and effectively if we continue by fully and permanently funding the and Water Conservation Fund, a goal I to take ill-considered cuts out of this Act. My good and great friend, the gen- share. However, the programs proposed program? Mr. Chairman, I strongly tleman from California (Mr. MILLER), to be cut to offset this amendment are urge my colleagues to oppose this along with many others, seeks to do equally important and deserve another amendment offered by my colleague that. I am proud to cosponsor the Re- look. from Massachusetts. sources 2000 Act. By this amendment we propose to cut Ms. ESHOO. Mr. Chairman, I move to Today we are looking for just a small an additional $29 million from the fos- strike the requisite number of words. step. The Miller bill is the final big sil energy budget, and my friend tells Mr. Chairman, I rise today in support step. Of course, we know he wears a me that is only an 8 percent cut. Well, of this amendment, and I want to sa- very large shoe, and that shoe would let me tell my friend this program has lute my colleagues that have written it accomplish a lot if that step were seen steady decreases over the past 10 and brought it forward to us. I think taken. So I support this because I years, deceases of 7 percent, 10 percent, that they have done a very, very im- think it is important. 13 percent depending on the year. portant task for us and this is a very It is not only important because we see what it has done, but we know, as Eighty-five percent of our U.S. energy important debate. supply currently comes from fossil Before I talk about the amendment Auntie Mame said, that we have miles to go and places to see in our country. fuels. This figure is going to go up, not and why I think it is a prudent one, I This is an act that gives our local gov- down in the coming years. By the year want to pay tribute to the gentleman ernments and our State governments 2015, 88 percent of the energy we con- from Ohio (Mr. REGULA), who has been the right kind of leverage. It attracts, sume will come from fossil fuels. The faced with enormous challenges, a it becomes a magnet for private funds, important research the Department of budget that does not match it, but I and it is one of the ingredients for one Energy performs on oil, gas, coal and think a heart and a mind that has of the greatest recipes of success in our other fuels is entirely directed at mak- stretched to do magnificent things in country. ing these fuels burn more efficiently our country. He is absolutely right Going to our parks, I have been very and with fewer emissions. I think these that we are not committing the kind of fond of saying, is one of the cheapest are goals we all support. resources that we should to the con- vacations for the American people. We The emerging renewables, solar, wind servation and the protection of the want them at all levels. Everyone can- and geothermal, currently supply less lands that we are already responsible not get to Yosemite. Everyone cannot than 1 percent of the energy needs in for. So in no way do my comments or get to a national park. So let us move the United States. Research on this should my comments be thought of as on and take a small step of Congress small share of our energy supply has being critical of what he has done, Mr. reestablishing her word, the word that increased greatly during the last 10 Chairman. I appreciate his leadership was established in 1964, and take this years, despite its relative and what has come from it. important step today by embracing unimportance to our energy supply. I When the Congress created the Land this amendment. It is a great one, it is am all too aware that the Green Scis- and Water Conservation Fund in 1964 to a good one. It will do good things for sors Report, among others, has se- purchase land and water resources for our country. verely criticized the U.S. fossil energy the creation of open spaces and local Mr. BECERRA. Mr. Chairman, I research program. For this reason, Mr. and national parks and recreational move to strike the requisite number of Chairman, every July the fossil fuel re- areas, the Congress then took an enor- words. search program becomes a convenient mous important step. One of my distin- (Mr. BECERRA asked and was given whipping boy for legislators looking for guished colleagues came to the floor permission to revise and extend his re- budget offsets. Well, I am sorry to see earlier and said, this is Sophie’s marks.) that these criticisms take no consider- Choice. It is not. Sophie’s Choice is a Mr. BECERRA. Mr. Chairman, I rise ation of the fact that renewable energy movie with a marvelous actress in it. in support of the McGovern-Campbell- still supplies a very small percentage This is not Sophie’s Choice. This is Hoeffel-Holt amendment which would of our energy needs. about the Congress stepping up and provide the funding for the Land and As we work together towards a future really keeping at least part of her word Water Conservation Fund stateside energy-use environment of cleaner, from 1964. matching grants program. July 13, 1999 CONGRESSIONAL RECORD — HOUSE H5417 If I may begin first by thanking the public and private partnership under- fort where citizens at the State and chairman and the ranking member for way where right now the city of Los local level are seizing control. In 1998 the attention they have given to a Angeles, the State of California, and there were 184 initiatives on the State number of Members who have concerns the business community, along with and local level. Eighty-seven percent for some of the projects that are State community groups, have come in and passed, usually with overwhelming ma- and local in orientation, I know it has provided 85 percent of the money they jorities. Citizens understand, in the been a difficult task, and everyone has need to get a local park going so people words of our chairman and the ranking pointed that out, that the money is can use it. member, that it is important to invest just not there to certainly fund all There is a park in a hilly area of Los in this timeless legacy. The time is these programs. So I want to thank the Angeles which few people know about now. chairman and the ranking member for and use. If we can get this funding at There are very complex and intricate the effort they have made. the Federal level to help just a little funding packages that we are seeing By the way, I want to thank the bit more, we will be able to help thou- developed across the country that have staff, as well. For the most part, in sands of inner city children who do not State funds, that have local funds, that every discussion we have had, the staff have access right now. have Federal funds under enhance- has been very willing to discuss options I know it is tough and I know the ments and transportation. We have and try to help those of us who are in- chairman and the ranking member land trusts. We have individuals com- terested in trying to provide some of have tried, but this is an amendment ing forward, foundations. It is exciting those projects which are park-related that will provide a meager amount, $30 to see people step forward to try and to our constituents back home. million of the billions that we will be fill if the gap at this critical time and For someone like me who has noth- spending, on something that is so valu- meet this critical need, sometimes ing but an urban setting in his district, able, especially for kids who sometimes moving past the politicians. I am completely urban, I have nothing do not have access to any of this. This $30 million is critical, not just but L.A. city territory, I have a con- It is a worthy amendment. It came because it will leverage literally hun- crete forest that I represent, it is dif- close to passing last year. I hope we dreds of millions of dollars across the ficult sometimes to accommodate the have success this time around, because country. It is important because it re- needs, especially the green needs, of ultimately what we are talking about starts the discussion here about keep- my constituents. here is not some big national park or ing our commitment with the Land and Let me give a quick example. While some big local park, we are talking Water Conservation Fund. I think it is we are spending in this appropriations about the smaller projects that reach going to be the start of something that bill for the Department of Interior ap- really close to home where kids could is very big. proximately $1.7 billion for the Na- ultimately use these facilities. As we discussed at the initiation of tional Park Service, $1.2 billion for the If we do not do it, again, we are going the debate on this bill, we want to Bureau of Land Management, and $840 to deny these children not just the op- start the discussion of the budget with million for the Fish and Wildlife Serv- portunity to play and recreate, but the a 50-year vision for this country. Ev- ice, no money is being allocated at this chance to get a better sense of what it erybody in this Chamber knows that stage for stateside matching grant pro- means to know the greater part of the we are going to add money to the budg- grams under the Land and Water Con- country and nature as well, because et process before we get out of town at servation Fund. too often, in the inner cities especially, the end of the fall, or the summer, or For someone like me, that means the many of these kids grow up not know- whenever we are finally set free. We following. About 3 years ago I attended ing anything but concrete buildings. are going to add more money. Every- a middle school in my district. I asked Mr. BLUMENAUER. Mr. Chairman, I body knows it. what I thought was a pretty natural move to strike the requisite number of Voting today to keep our commit- question. We were talking about the words. ment to the States, to the localities, to environment. I asked some of the kids Mr. Chairman, I see this conversation this massive national grass roots in this class of about 30 kids, when was this afternoon as an effort to restart an movement to try and restore our leg- the last time they were at the beach. important discussion. It is about keep- acy, is going to give leverage to our Los Angeles is right next to the beach. ing faith with our commitments with subcommittee to be able to fight the I was surprised when no one raised the States, keeping faith with the good fight, and it is going to give heart their hand. needs and the programs that they have. to people across the country who are I asked, well, how many have been to As the gentleman from California working to try and make their commu- the beach? And we are talking about mentioned a few moments ago, we nities more livable. kids who are in their teens. About rightly owe billions of dollars to the Mr. Chairman, I appreciate the op- three of the 30 kids raised their hand. I very States under the terms of the 1964 portunity to share my biases. am talking about kids who live no act. There are, indeed, other reasons. Mr. REGULA. Mr. Chairman, will the more than 20 miles from the beach. Not every State with a surplus, for in- gentleman yield? Most of these kids had never been to stance, is responding in a way that Mr. BLUMENAUER. I yield to the the beach in Los Angeles. deals with the park and recreation and gentleman from Ohio. The closest State park to me is about open space needs. Mr. REGULA. Mr. Chairman, would 45 miles away. The closest national In my own State, I am ashamed to the gentleman be more comfortable if park is more than 60 miles away. Most admit, despite the strongest economy the State of Oregon, which had a sur- of these kids have never been to either in anybody’s memory, despite having plus balance in 1998 of $15 million, had one of those, and they have not even perhaps the strongest one, in fact, for 2 spent some of that on local projects? been to something as close to them as years running we had the strongest And secondly, would he be more com- the beach in Los Angeles. economy in the country, and despite fortable if this amendment were lim- It is difficult for some of our commu- having a large ballot measure majority ited to land purchases and not marinas nities sometimes, especially in our in support of parks and open space, I and tennis courts and swimming pools very urban settings, the inner cities, to am finding our State legislature back- and any of the other things that they have opportunities to let kids under- ing money out that has been approved might find desirable? stand what it is to see wildlife, to see by the voters, in efforts to shift it else- Mr. BLUMENAUER. As I attempted nature in progress. For many of us, it where. to make clear, I am embarrassed that is important to be able to help. So there are lots of reasons, lots of my State legislature has broken faith There is a project in Los Angeles variations around the country that I with the voters of Oregon by taking right now which could use funding have seen as I have worked with com- away money that they just approved at from the Stateside matching grant pro- munities across the country dealing on the ballot box and using it for other gram under the Land and Water Con- livability issues. purposes. servation Fund. In fact, it is a pro- But there is something else going on So I feel that there is a very mixed gram, a project that right now has a here. There is a massive grass roots ef- record on the part of States. That is H5418 CONGRESSIONAL RECORD — HOUSE July 13, 1999 why I support efforts of the Committee Focusing on the amendment, Mr. Mr. Chairman, I also rise today in on Appropriations to have appropriate Chairman, at the beginning of today’s support of the amendment of my col- guidelines for the disbursement of Fed- session I had a chance to watch the leagues, the gentleman from Massachu- eral funds. floor. There, Member after Member setts (Mr. MCGOVERN), the gentleman The CHAIRMAN. The time of the rose to praise the women’s soccer team from California (Mr. CAMPBELL), the gentleman from Oregon (Mr. that won the World Cup, to praise our gentleman from Pennsylvania (Mr. BLUMENAUER) has expired. heroes more eloquently than I can HOEFFEL), and the gentleman from New (On request of Mr. REGULA, and by here, Michelle Akers, Mia Hamm, Jersey (Mr. HOLT) to add $30 million to unanimous consent, Mr. BLUMENAUER Brandi and Briana, so many who filled the State-side funding of the Land and was allowed to proceed for 1 additional us with pride. Water Conservation Fund. This is a minute.) But will that praise merely be empty critical program to communities such Mr. BLUMENAUER. Mr. Chairman, I symbolism, or are we actually willing as mine where our natural and human would be happy under the leadership of to do something? Are we just going to resources, in this case our youth, are this subcommittee to look for ways to talk about what sports mean to our both in jeopardy. provide more explicit guidelines to kids, about teamwork and confidence- The funding provided by this amend- help make sure that we get the most building, or are we going to do some- ment will give a tremendous boost to bang for the buck. thing? the efforts of our local communities to I would be loathe, however, to tell b 1715 provide recreational outlets to our some States and localities that have young people. Sadly, for the fifth year very particular needs for park and We who praise what this woman’s in a row the Interior Appropriations recreation that they could not have the soccer team has done, to make sure bill has not provided funds for this pro- restoration of a marina or for some that girls as well as boys fill the clubs, gram. type of open space. fill the teams and are out there playing Mr. Chairman, the development of I think we have seen dramatically sports rather than being distracted by new recreational outlets is overwhelm- different projects emerge as a result of the latest splatter video game or ex- ingly supported and needed by our con- this grass roots effort. I think it looks perimenting with sex and drugs and vi- stituents. In my district, the commis- different than some of the things that olence, we who are so good at rhetoric sioner of parks and public lands has re- frankly would raise my eyebrows from need to put this Nation’s money where peatedly called upon me to seek such a few years ago. our mouth is. funding as is found in the increase in Mr. REGULA. Mr. Chairman, will the Likewise, we have to keep faith with the State-side funding of the Land and gentleman yield? the Land and Water Conservation Water Conservation Fund. Mr. BLUMENAUER. I yield to the Fund. We promised the people of this While some do, as we have heard not gentleman from Ohio. country over 20 years ago that the every community has a large surplus Mr. REGULA. Mr. Chairman, the funds obtained from offshore oil drill- to spend. But even for the communities gentleman was critical of the legisla- ing would go to preserve open space in that do, it is time for the Federal Gov- ture for taking the money back, but I our Nation, across the country, for our ernment to step up to the plate and do would have to point out that if this national parks and also in the State- something positive for our young peo- were to be done on a substantial scale, side program for recreation. ple and our communities, and it can do we ought to take it out of the 378 na- Mr. Chairman, I know that this this through providing this funding. tional parks. It has to come from some- amendment has been criticized because I also want to take this opportunity where. I know initially it is possible, it means an 8 percent cut to coal re- to join my colleague, the gentleman but in setting up priorities, it could search. But, Mr. Chairman, we have from Guam (Mr. FALEOMAVAEGA) in very well come out of parks. had not an 8 percent, not an 18 percent, urging that all due consideration be The CHAIRMAN. The time of the but a 100 percent cut in the State-side given to the needs of all of the U.S. in- gentleman from Oregon (Mr. program of the Land and Water Con- sular areas. While many of the districts BLUMENAUER) has expired. servation Fund. If this budget has got of my colleagues are experiencing good (By unanimous consent, Mr. to be this tight, certainly the damage fiscal fortunes, the non-State areas of BLUMENAUER was allowed to proceed or the tightness or the inability to Guam, American Samoa, and my dis- for 30 additional seconds.) spend should be spread more equitably trict, the U.S. Virgin Islands, are expe- Mr. BLUMENAUER. I just wanted to and $30 million should be found for riencing very tough financial times. say that I think it is an inappropriate recreation. While our local governments are choice to cannibalize our national Mr. Chairman, most juvenile crime working to do all that they can to re- parks to keep a commitment that we takes place between 2 p.m. and 8 p.m. duce spending and get our budgets bal- have to State and local governments What we need are supervised after- anced, we still need the assistance of for their half of this fund. school activities, especially sports the Federal Government if we are to be I will work with the chairman, with which build teamwork and which build successful. the ranking member, as hard as I can confidence. It is unfortunate and the cause of to make sure that the gentleman has Mr. Chairman, in Montgomery Coun- great concern when the needs of one in- adequate resources to invest for the fu- ty, for example, there are 1,000 soccer sular area is pitted against the other, ture without making a foolish decision teams trying to play on a hundred forcing us to choose between accepting to shortcircuit the next half century of fields. In Ft. Lauderdale there is a financial help at the expense of another preserving these great national treas- waiting list of a thousand kids waiting sister insular area. I urge the members ures. to play soccer. I had the chance to visit of the subcommittee to be mindful of Mr. SHERMAN. Mr. Chairman, I the grand opening of the new AYSO this fact as we go forward in crafting move to strike the requisite number of headquarters in the Los Angeles area, the final version of the Interior Appro- words. and everyone there involved in youth priations bill for fiscal year 2000. (Mr. SHERMAN asked and was given soccer said and asked just one ques- Again, Mr. Chairman, I support this permission to revise and extend his re- tion: Mr. Chairman, where will the amendment. marks.) children play? Mr. ALLEN. Mr. Chairman, I rise in strong Mr. SHERMAN. Mr. Chairman, I rise The answer is to be found in this bill. support of the amendment offered by the gen- to support the McGovern-Campbell- It is time for us to expand the recre- tleman from Massachusetts, and urge my col- Hoeffel-Holt amendment, but first to ation facilities available to our youth leagues to support this modest $30 million al- commend the gentleman from Ohio and to have a vision of tomorrow’s kids location for state-side Land and Water Con- (Mr. REGULA) and the gentleman from that involves teamwork outside and servation funding. Washington (Mr. DICKS) for bringing to not splatter video games inside. Since its inception in 1964, the LWCF has this floor a very good bill, and given Mrs. CHRISTENSEN. Mr. Chairman, been an American success story, enjoying the constraints they were under, bring- I move to strike the requisite number support from both Republican and Democratic ing to the floor an excellent bill. of words. administrations. July 13, 1999 CONGRESSIONAL RECORD — HOUSE H5419 For the past five years, however, this House tleman from Massachusetts (Mr. Mr. REGULA. Mr. Chairman, I move has ignored the needs of states and commu- MCGOVERN). to strike the last word. nities that want to preserve open space. Cut- The question was taken; and the Mr. Chairman, I rise to tell the Mem- ting out State-side LWCF funding has hand- Chairman announced that the noes ap- bers that the plan is to roll any votes cuffed communities that want to purchase ath- peared to have it. on amendments to about roughly 6:30 letic fields, preserve historic sites, and ensure RECORDED VOTE to 7 o’clock. Then the votes will occur public access to pristine wilderness. Mr. McGOVERN. Mr. Chairman, I de- on whatever amendments are pending. In Maine $32 million of state side funding mand a recorded vote. And we may continue some further ac- has supported more than 700 projectsÐfrom The CHAIRMAN. Pursuant to House tion tonight, but there will be no more the Allagash Wilderness Waterway, to Wolf's Resolution 243, further proceedings on votes after that block that we do at Neck Park, to the Deering Oaks Playground. the amendment offered by the gen- that time. Today, the need for state-side funding is tleman from Massachusetts (Mr. So for purposes of planning, Members greater than ever. In just the past year, more MCGOVERN) will be postponed. can count on that as being the format than four million acres of Maine's ten million The CHAIRMAN. The Clerk will read. for the rest of the day. acre north woods has changed hands. Much The Clerk read as follows: AMENDMENT NO. 13 OFFERED BY MR. SANDERS of this land, which has traditionally been held WILDLAND FIRE MANAGEMENT Mr. SANDERS. Mr. Chairman, I offer by Maine-based companies, is now in the For necessary expenses for fire prepared- an amendment. hands of out of state and multi-national cor- ness, suppression operations, emergency re- The CHAIRMAN. The Clerk will des- porations. A lack of funding has prevented the habilitation and hazardous fuels reduction ignate the amendment. state from taking full advantage of the once-in- by the Department of the Interior, The text of the amendment is as fol- a-lifetime opportunity to protect more of $292,399,000, to remain available until ex- lows: Maine's most valuable natural resources. pended, of which not to exceed $9,300,000 Amendment No. 13 offered by Mr. SANDERS: The Maine state legislature, with strong bi- shall be for the renovation or construction of Page 6, line 4, after the first dollar partisan support, recently approved a fifty mil- fire facilities: Provided, That such funds are amount, insert the following: ‘‘(increased by also available for repayment of advances to $20,000,000)’’. lion dollar bond package for land acquisition. other appropriation accounts from which Page 69, line 14, after the dollar amount, But to have a significant impact, these funds funds were previously transferred for such insert the following: ‘‘(reduced by will have to be matched with private and fed- purposes: Provided further, That unobligated $50,000,000)’’. eral dollars. balances of amounts previously appropriated Mr. SANDERS. Mr. Chairman, this State-side funding is absolutely critical for to the ‘‘Fire Protection’’ and ‘‘Emergency tripartisan amendment is supported by Maine, and communities throughout this coun- Department of the Interior Firefighting the gentleman from Kentucky (Mr. Fund’’ may be transferred and merged with try, to achieve their land preservation goals. LEWIS), the gentleman from Minnesota It's time for Congress to right the wrong of this appropriation: Provided further, That (Mr. OBERSTAR), and the gentleman the past five years and fulfill its promise of persons hired pursuant to 43 U.S.C. 1469 may be furnished subsistence and lodging without from Michigan (Mr. STUPAK). I should funds for states and communities to preserve cost from funds available from this appro- mention that last year a similar open space. priation: Provided further, That notwith- amendment passed this House by a I urge my colleagues to support this amend- standing 42 U.S.C. 1856d, sums received by a vote of 241 to 185. ment, and empower local communities to pre- bureau or office of the Department of the In- Mr. Chairman, this amendment deals serve their natural resources for generations terior for fire protection rendered pursuant with the very serious problem of under- to 42 U.S.C. 1856 et seq., Protection of United to come. funded mandates. It is an issue that we Mr. WEYGAND. Mr. Chairman, as co-chair States Property, may be credited to the ap- have heard a whole lot about in this of the House Livability Communities Task propriation from which funds were expended body, of forcing citizens in close to Force I strongly support the amendment of- to provide that protection, and are available 1,800 counties and 49 States to pay fered by my colleague from Massachusetts, without fiscal year limitation. more in local property taxes than they Mr. MCGOVERN. CENTRAL HAZARDOUS MATERIALS FUND Over the past several months I have been For necessary expenses of the Department should be paying because the Federal receiving letters from city and town planners, of the Interior and any of its component of- Government has fallen very far behind mayors, and town council members across fices and bureaus for the remedial action, in- in its payment in lieu of taxes on feder- cluding associated activities, of hazardous ally owned land. In other words, the Rhode Island expressing the importance of the waste substances, pollutants, or contami- Land Water Conservation fund to their com- Federal Government is not paying its nants pursuant to the Comprehensive Envi- fair share and is doing a disservice to munities. ronmental Response, Compensation, and Li- Since 1966 the LWCF has provided more ability Act, as amended (42 U.S.C. 9601 et local communities all over this coun- than $33 million, in grants, to the State of seq.), $10,000,000, to remain available until try. Rhode Island to preserve and protect open expended: Provided, That notwithstanding 31 Just as an example, in my own small space and parks. U.S.C. 3302, sums recovered from or paid by State of Vermont, over 50 towns in our These funds have been used to make im- a party in advance of or as reimbursement southern counties are affected: provements to state beaches, in particular for remedial action or response activities Bennington, Rutland, Addison, conducted by the Department pursuant to Windham, and Windsor Counties. This Misquamicut, Roger Wheeler, and East section 107 or 113(f) of such Act, shall be Matunuck all of which attract tourists from amendment addresses the overall prob- credited to this account to be available until lem of underfunded payment in lieu of across New England. expended without further appropriation: Pro- The LWCF has also played a key role in the vided further, That such sums recovered from taxes by increasing funding for this development of the State's park system. It is or paid by any party are not limited to mon- program by $20 million from $125 mil- likely that without the LWCF Colt State Park, etary payments and may include stocks, lion to $145 million. Lincoln Woods State Park, Fort Adams State bonds or other personal or real property, Although this same amendment Park and Goddard State Park would not exist which may be retained, liquidated, or other- passed last year with broad bipartisan as we know them today. wise disposed of by the Secretary and which support, the conference committee This amendment would provide the State of shall be credited to this account. only increased payment in lieu of taxes Rhode Island with approximately $308,000 for CONSTRUCTION by $5 million instead of the $20 million projects this may seem like a small amount of For construction of buildings, recreation increase that my amendment would money but I can tell you from experience that facilities, roads, trails, and appurtenant fa- have provided, which is why we are cilities, $11,100,000, to remain available until back this year. money would go a long way to making im- expended. provements in Rhode Island's communities. Mr. Chairman, in real dollars, infla- As a landscape architect, in both my profes- PAYMENTS IN LIEU OF TAXES tion-accounted-for dollars, PILT pay- sional and public careers I have seen first For expenses necessary to implement the ments to counties and towns all across Act of October 20, 1976, as amended (31 U.S.C. hand how these funds improve our commu- this Nation have been decreasing for a 6901–6907), $125,000,000, of which not to exceed very long time. In real dollars since nities. $400,000 shall be available for administrative I strongly urge my colleagues to support the expenses: Provided, That no payment shall be 1980, appropriations for payments in McGovern amendment. made to otherwise eligible units of local gov- lieu of taxes have decreased by nearly The CHAIRMAN. The question is on ernment if the computed amount of the pay- $60 million, a 37-percent decline in the amendment offered by the gen- ment is less than $100. value. H5420 CONGRESSIONAL RECORD — HOUSE July 13, 1999

And while this amendment will not (By unanimous consent, Mr. SANDERS committee. At the same time, we have rectify by any means the entire prob- was allowed to proceed for 2 additional increased PILT funding by 23 percent. lem, it will at least allow communities minutes.) And I would point out that this bill is around this country to know that we Mr. SANDERS. Mr. Chairman, this is flat funded. the Republican budget. ‘‘The Depart- understand their problems and that we b 1730 are making some real attempts to ad- ment of Energy has spent billions of dress those problems by appropriating dollars on research and development So if we go to PILT for more money, this $20 million. In fact, even if this in- since the oil crisis in 1973 triggered this we have to do less for something else. I understand that communities would crease is approved, it would still rep- activity. Returns on this investment like to have this money. But one of the resent a 26.3-percent decline in value have not been cost effective, particu- things they do not take into consider- since 1980. larly for applied research and develop- ation is that when we develop Federal Mr. Chairman, I should add, and this ment which industry has ample incen- facilities it energizes the visitor base, is an important point, that the author- tive to undertake. Some of this activ- it energizes a lot of activity that does ization for PILT today is approxi- ity is simply corporate welfare * * *’’ bring money into the communities mately $260 million, over twice the ap- This is not the gentleman from other than just from PILT, because propriation level. In other words, the Vermont; this is the Republican budget they have a lot of tourism, they have authorizers understand the problems resolution. ‘‘* * * corporate welfare for those kind of activities that are impor- facing the communities all over this the oil, gas and utility industries. tant to the communities that have country; but unfortunately in recent Much of it duplicates what industry is already doing. Some has gone to fund Federal facilities. years for a variety of reasons, the ap- It would be nice to put more money propriation process has not followed technology for which the market has no interest.’’ in PILT if we had more money. But suit. given the fact that we have a very Mr. Chairman, the PILT program was Mr. Chairman, according to the Con- tight budget, given the fact that we established to address the fact that the gressional Budget Office, the bene- had 2,000 requests for projects from the Federal Government does not pay taxes ficiaries of the fossil fuel program are Members of this House, we have done on the land that it owns. These Federal some of the largest multinational cor- the best we could. lands can include national forests, na- porations in the world including Exxon, Chevron, Conoco, Texaco, We recognize that fossil research is tional parks, Fish and Wildlife refuges, important for the future of this Nation and land owned by the Bureau of Land Amoco, Phillips Petroleum, ARCO, and Shell. These companies in fact are and to maintain energy independence. Management. Like local property Mr. Chairman, I yield to the gen- taxes, PILT payments are used to pay making large profits. They do not have to come to the taxpayer for all of this tleman from Vermont (Mr. SANDERS). for school budgets, law enforcement, Mr. SANDERS. Mr. Chairman, I search and rescue, firefighting, parks support. So I think the time is now to be fair thank the gentleman from Ohio for and recreation, and other municipal ex- to communities all over this country, yielding to me. penses. and I would urge support for this im- Once again, let me point out, I know Mr. Chairman, the important point portant amendment. the gentleman’s job is a difficult job, has to be made. In recent years in this Mr. REGULA. Mr. Chairman, I move and he has to balance a whole lot of body, there has been a lot of talk about to strike the last word. needs. devolution, a lot of talk about fiscal re- Mr. Chairman, I know it is a tempta- I guess what I am arguing, and I am sponsibility, a lot of talk about respect tion to dip into the fossil program. It is glad to hear that companies like for counties, towns and cities. And yet a little bit ambiguous. If this were the Exxon, Chevron, Conoco, Texaco, what we are saying after all of that late 1970s, we would not have any such Amoco, Phillips Petroleum, some of talk is, gee, we do not have to pay our amendments. We would have amend- the largest conglomerates in the world, bills. We talk about respecting local ments increasing the fossil research, are contributing something into the governments, but yet we do not have to because when people were sitting in gas program. I am glad to hear that. own up to the fact that we owe them lines in the 1970s, when schools were But the bottom line is, do my col- substantial sums of money. closed down, hospitals were suffering leagues not think these companies, I know that the gentleman from Ohio for lack of fuel, we could not give many of them, are enjoying record- (Mr. REGULA) is operating under real enough money for fossil energy re- breaking profits? Do my colleagues not budget restrictions, and I happen to be- search. Now at this moment we have think they can pay for their own re- lieve that we should do away with an adequate supply, so some say let us search and developments rather than those budget caps and address many of not worry about next week or next stick it to local communities, many of the issues that we face. But I think year, just cut the programs. And then whom have got to raise their regressive when we deal with basic priorities, how if we have another crisis, we will dump property tax to fund their basic needs? do we talk about devolution and then a lot of money in. That is the only point that I would turn our back and then say oh, yes, we Mr. Chairman, I would point out to make. will continue to owe counties, cities, the gentleman from Vermont (Mr. Mr. REGULA. Mr. Chairman, re- and towns substantial sums of money? SANDERS) one of the reforms we insti- claiming my time, it is easy to pick Mr. Chairman, the $50 million that tuted is that on any of these programs, out the big ones and point to them, but we are using for these purposes include there has to be a match. We are not a lot of this money goes to very small $20 million in payment in lieu of taxes saying give them the money. That is companies that have innovative ideas. and $30 million for deficit reduction. what happened in the 1970s, when we Every company started with an idea Our national debt is still over $5 tril- shoveled money out with no require- that one person had, whether it is Bell lion. This amendment begins to address ment for matching funds. Now compa- Telephone, Graham Bell or whomever. that issue. The funds would be trans- nies that want to do research on new We find that most of this research is ferred and offset from the Fossil En- fuels, California of course has reformu- being done by small companies. They ergy Research and Development Pro- lated gasoline which came out of the come up with their 50 percent. It is not gram, a program we have heard a whole fossil program, they have to put up easy for them to do it, but they believe lot about in the last few minutes. But their own money to show that they be- in their ideas. let me say this in regard to that pro- lieve in the program and that it is ef- A very small amount, relatively, is gram. Let me quote from the report of fective. going to the large companies. They are the fiscal year 1997 Republican, under- So I think to just take a cut at fossil doing a lot of research on their own. lined Republican, budget resolution. is not the right policy for the future of But my concern is that we as a Na- And I quote: ‘‘The Department of En- this Nation. And I think some of the tion do not want to become dependent ergy has spent billions of dollars—— arguments that were made earlier are for energy on other outside sources. We The CHAIRMAN. The time of the clearly along those lines. are going to spend $265 billion on de- gentleman from Vermont (Mr. SAND- We have reduced fossil by 20 percent fense. One of the most important ele- ERS) has expired. over the 4 years of our watch in this ments of the defense of this Nation is July 13, 1999 CONGRESSIONAL RECORD — HOUSE H5421 to be energy independent. We found out pace with its authorized funding levels those areas of this Nation from whom in the late 1970s what it means to be nor with the true costs of providing land has been taken and put in public dependent, in that case on OPEC. They services in support of Federal lands. In trust. called the tune, and we had lines for fact, the PILT program is currently I understand the very difficult bal- over a mile at our gasoline stations. funded at less than half its authorized ancing act that the chairman has had We are trying to avoid that by looking level. to engage in. I was an original author to the future. Rural counties rely on PILT pay- with our former colleague, the gen- We have cut it 20 percent over the ments to provide essential services tleman from Colorado, Frank Evans, 25 last 4 years. At the same time, we in- such as education, law enforcement, years ago of this language. We started creased PILT 23 percent. I have to say emergency fire and medical, search and out with a provision that would have to the gentleman, I think that is re- rescue, solid waste management, road provided full tax equivalency, a great sponsible management, given the maintenance, and other health and idea, great goal. I see the gentleman amount of resources we have. human services. Without adequate from Ohio (Mr. REGULA) smiling about I know it is easy to take a whack on funding for this program, rural coun- that, and I think he was, in principle, the fossil program. We have a prior ties struggle to provide these vital agreeing with us. amendment that has taken a whack on services. Mr. REGULA. Mr. Chairman, will the fossil. It is becoming the bank for Mr. Chairman, if the Federal govern- gentleman yield? every amendment that comes down the ment was required to pay taxes on the Mr. OBERSTAR. I yield to the gen- pike because it is sort of easy to attack property it owned like any other indi- tleman from Ohio. because it is hard to visualize the bene- vidual or corporation, it would have Mr. REGULA. Mr. Chairman, I can fits of a program like fossil energy re- been delinquent a long time ago for remember when Frank Evans offered search. failure to pay taxes. The Federal gov- the amendment in the Subcommittee But the State of the gentleman from ernment owned so much land in some on Interior that created PILT and was Vermont, I am quite sure, is very de- of these counties, some school districts legislating on the appropriation. But I pendent on outside sources for energy. in my congressional district cannot gather the gentleman from Minnesota He would want his State to be energy even bond for school improvements, for (Mr. OBERSTAR) did not object. independent for his industry and his school repairs or to build new schools Mr. OBERSTAR. No, we did not ob- other base to have the energy it needs. because there is not a large enough tax ject then. So I hope that the Members will reject base in the county for the bond mar- A lot of things we do not object to this amendment. keters to loan them the money. legislating on appropriations bills, I Mr. STUPAK. Mr. Chairman, I move So this decision and the decision we would say to the gentleman from Ohio. to strike the requisite number of will make here tonight goes a long way But we realized that that was not words. in not only trying to bring some equity going to work when it turned out that Mr. Chairman, I would like to thank into the PILT program but the effects one county with 1,500 people was going the gentleman from Vermont (Mr. are much greater than just simply gov- to get $4.5 million under this bill. So SANDERS) and the gentleman from Ken- ernment paying its share of taxes. It is we agreed to limitations. But we also tucky (Mr. LEWIS) for their hard work allowing communities to exist, to thought that successive governments, and diligence on this issue. make improvements, and to have an successive administrations would agree I would like to note that the gen- equitable economic base to exist. to increase the funding to keep pace tleman from Ohio (Mr. REGULA), the The Federal government has decided with inflation. That has not happened chairman of Subcommittee on Interior that it is in the best interest of the Na- in 20 years. who is running this bill here today, has tion to own and protect certain lands. What we are doing here is helping the been a friend of the PILT program. I do not think anyone would argue with committee with a reallocation of prior- While it is true this appropriations that. What we are arguing here to- ities within its jurisdiction. We are in bill is flat funded, it requires difficult night, what our amendment says, is no way criticizing or increasing the choices between many worthwhile that we must not penalize our local total dollar amount but saying this projects and many worthwhile pro- communities because they have the should represent an adjustment of pri- grams. But our amendment here, this good fortune to have the Federal gov- orities within the committee’s jurisdic- amendment I am pleased to cosponsor ernment have jurisdiction over land tion. with my friends, is really an amend- within their counties. It is irrespon- One simple down-home example, as ment to help one of our local units of sible for the Federal government to the gentleman from Michigan (Mr. government, the local folks all across take these lands off the tax roll and STUPAK) has already cited, Cook Coun- this Nation. The gentleman is right, we then not provide just compensation. ty, Minnesota, 900,000 acres, 9 percent have to make priorities. Today I am Again, since 1976, the value of that is in private ownership. Nine percent of going to stand with local units of gov- program has shrunk by more than 50 the land has to support 100 percent of ernment and ask for an increase in the percent. Mr. Chairman, this request is the demands and 91 percent of the rest PILT spending. only for a small increase in the PILT of the property. Three thousand six Mr. Chairman, as a cosponsor and program, but its impact and impor- hundred people have to support all of strong supporter of this amendment, it tance on the rural counties is large. that territory. would only restore desperately needed I urge my colleagues to cast a vote in In the summer, there are 15,000 tour- funding to the PILT program. Each favor of equity by voting in favor of ists that come into that area. Those year, thousands of counties across this this amendment. tourism dollars do not pay for the cost Nation lose out on millions of dollars Mr. OBERSTAR. Mr. Chairman, I of ambulances. They do not pay for the of property tax revenue simply because move to strike the requisite number of cost of emergency helicopters to go the Federal Government owns the land. words. into the remote areas to rescue people In my district, the Federal Govern- Mr. Chairman, I join my colleagues who have been injured in canoe trips. ment owns large portions of land. For who have previously spoken about the They are not paying right now for the example, approximately 70 percent of amendment in offering our praise to disaster that has swept through this the land in Gogebic County is in the the gentleman from Ohio (Mr. REGULA), area that I described earlier this after- Ottawa National Forest and owned by chairman of the Subcommittee on In- noon with the July 4th storm that blew the Federal government. Since the terior, for the consideration that he down 250,000 acres of trees, 6 million Federal government does not pay prop- has given in providing the funding for cords of wood on the ground now. This erty taxes on its own land, the PILT payment in lieu of taxes. It is reas- is going to be devastating for Cook program was established to compensate suring and comforting to know that County. counties for land the Federal govern- the committee has time and again kept But they need this little bit of in- ment owns. faith with county governments across crease in funding to be able to meet the Since its adoption in 1976, however, this country in recognizing the obliga- requirements of serving the public. the PILT program has neither kept tion of the Federal government to They do not do it just in the summer H5422 CONGRESSIONAL RECORD — HOUSE July 13, 1999 months. They do not do it just now and Kentucky county governments that receive lands; $99,225,000, to remain available until then. Every day of the year that coun- PILT payments depend on these funds to help expended: Provided, That 25 percent of the ty government has to, with only 9 per- provide basic services, from education to aggregate of all receipts during the current fiscal year from the revested Oregon and cent of the land, provide 100 percent of waste removal. California Railroad grant lands is hereby the cost, and we have not given them Edmonson County in my district is home to made a charge against the Oregon and Cali- the resources. They cannot develop Mammoth Cave National Park. With a popu- fornia land-grant fund and shall be trans- those public lands. So this little bit of lation of just 11,000 and a per capita personal ferred to the General Fund in the Treasury payment helps make the adjustment. income of $12,000, the importance of PILT in accordance with the second paragraph of The investment that the county has payments to the continuation of county serv- subsection (b) of title II of the Act of August 28, 1937 (50 Stat. 876). made, I have looked at these funds over ices at a bearable cost to the taxpayers can the years, Mr. Chairman, they invested not be understated. FOREST ECOSYSTEMS HEALTH AND RECOVERY FUND in capital equipment. They invested in PILT funds help pay salaries and adminis- (REVOLVING FUND, SPECIAL ACCOUNT) capital improvements, in facilities that trative expenses of the county. They help sup- served the public. They are not using In addition to the purposes authorized in port a 24-hour ambulance service for the Na- Public Law 102–381, funds made available in this money to cover the operating tional Park, as well as county residents. Fed- the Forest Ecosystem Health and Recovery costs of the county, in the case of Cook eral land control has contributed to the isola- Fund can be used for the purpose of plan- County, nor in the case of Lake County tion of many areas in Edmonson County. ning, preparing, and monitoring salvage tim- or Saint Louis County. They are mak- When major transportation routes expanded, ber sales and forest ecosystem health and re- ing permanent capital improvements the county was bypassed, in favor of areas covery activities such as release from com- to better serve the public. That is with a larger tax base to support the projects. peting vegetation and density control treat- where these dollars go. ments. The Federal share of receipts (defined Equitable PILT payments are needed to make as the portion of salvage timber receipts not Mr. SANDERS. Mr. Chairman, will up for the tax base Edmonson County has paid to the counties under 43 U.S.C. 1181f and the gentleman yield? given up for the National Park. 43 U.S.C. 1181f–1 et seq., and Public Law 103– Mr. OBERSTAR. I am happy to yield The concerns of Edmonson County are not 66) derived from treatments funded by this to the gentleman from Vermont. unique. As the Federal Government continues account shall be deposited into the Forest Mr. SANDERS. Mr. Chairman, I con- to place responsibilities on local governments, Ecosystem Health and Recovery Fund. cur with the gentleman’s remarks. I PILT increases are necessary to relieve tax- RANGE IMPROVEMENTS just mention to the Members that this payers nationwide. For rehabilitation, protection, and acquisi- amendment was endorsed by the Na- The Bureau of Land Management reports tion of lands and interests therein, and im- tional Association of Counties, by the property taxes would provide local govern- provement of Federal rangelands pursuant to Taxpayers for Common Sense, by section 401 of the Federal Land Policy and ments with $1.48 per acre on average. PILT Management Act of 1976 (43 U.S.C. 1701), not- Friends of the Earth, by the Rural Pub- payments amount to just more than 17 cents withstanding any other Act, sums equal to 50 lic Lands Council, by the Sierra Club, an acre. percent of all moneys received during the by U.S. PIRG, and by Public Citizen. Last year's PILT payments were 54 percent prior fiscal year under sections 3 and 15 of Mr. OBERSTAR. Mr. Chairman, just less than authorized by the Payment In Lieu of the Taylor Grazing Act (43 U.S.C. 315 et seq.) in conclusion, for all those who, and Taxes Act. This law requires the Federal Gov- and the amount designated for range im- most of us do, support holding land in ernment to compensate local governments as provements from grazing fees and mineral leasing receipts from Bankhead-Jones lands public trust for the use of all of our an offset in lost property taxes due to Federal citizens, the common heritage of all transferred to the Department of the Inte- ownership. rior pursuant to law, but not less than Americans, these forest lands and park A majority of us voted to increase PILT pay- $10,000,000, to remain available until ex- lands and wilderness lands, think of ments last year. Please join me again in a pended: Provided, That not to exceed $600,000 those who live on the perimeter whose vote to add $20 million to PILT to help often- shall be available for administrative ex- lifestyles and livelihoods depend on struggling rural areas provide vital services to penses. that land held in public trust for all their residents. SERVICE CHARGES, DEPOSITS, AND FORFEITURES Americans and realize that, were they The CHAIRMAN. The question is on For administrative expenses and other given the opportunity, they could have the amendment offered by the gen- costs related to processing application docu- ments and other authorizations for use and made some investments. tleman from Vermont (Mr. SANDERS). disposal of public lands and resources, for The payment in lieu of taxes helps The question was taken; and the replace the lost dollars. Support this costs of providing copies of official public Chairman announced that the noes ap- land documents, for monitoring construc- amendment. peared to have it. tion, operation, and termination of facilities Mr. LEWIS of Kentucky. Mr. Chairman, last Mr. SANDERS. Mr. Chairman, I de- in conjunction with use authorizations, and year two hundred forty-one of us voted for an mand a recorded vote. for rehabilitation of damaged property, such amendment to increase Payments in Lieu of The CHAIRMAN. Pursuant to House amounts as may be collected under Public Taxes by $20 million. Unfortunately, this addi- Resolution 243, further proceedings on Law 94–579, as amended, and Public Law 93– tion for PILT was left out of the conference re- the amendment offered by the gen- 153, to remain available until expended: Pro- port. vided, That notwithstanding any provision to tleman from Vermont (Mr. SANDERS) the contrary of section 305(a) of Public Law This year we are again asking Congress to will be postponed. 94–579 (43 U.S.C. 1735(a)), any moneys that address the Federal Government's responsi- The Clerk will read. have been or will be received pursuant to bility to help support local governments in The Clerk read as follows: that section, whether as a result of for- areas where the Federal Government owns LAND ACQUISITION feiture, compromise, or settlement, if not appropriate for refund pursuant to section the land, removing it from the local tax base. For expenses necessary to carry out sec- Federal landownership may not be as large 305(c) of that Act (43 U.S.C. 1735(c)), shall be tions 205, 206, and 318(d) of Public Law 94–579, available and may be expended under the au- an issue in my State of Kentucky as it is in including administrative expenses and acqui- others; however, for fiscal year 1998, local thority of this Act by the Secretary to im- sition of lands or waters, or interests there- prove, protect, or rehabilitate any public governments in Kentucky experienced nearly in, $20,000,000, to be derived from the Land lands administered through the Bureau of a $70,000 PILT loss from the previous year. and Water Conservation Fund, to remain Land Management which have been damaged I support fossil fuel research and develop- available until expended. by the action of a resource developer, pur- ment projects, as these investments help OREGON AND CALIFORNIA GRANT LANDS chaser, permittee, or any unauthorized per- make our energy more efficient, affordable For expenses necessary for management, son, without regard to whether all moneys and clean. However, the standard rate of PILT protection, and development of resources and collected from each such action are used on payments is authorized to increase from $1.47 for construction, operation, and mainte- the exact lands damaged which led to the ac- nance of access roads, reforestation, and tion: Provided further, That any such moneys per acre to $1.65 for this fiscal year. Full ap- that are in excess of amounts needed to re- propriation to meet this amount would have to other improvements on the revested Oregon and California Railroad grant lands, on other pair damage to the exact land for which more than $200 million at minimum. Federal lands in the Oregon and California funds were collected may be used to repair This amendment to provide a 16 percent land-grant counties of Oregon, and on adja- other damaged public lands. PILT increase helps us to begin to reduce the cent rights-of-way; and acquisition of lands MISCELLANEOUS TRUST FUNDS continued shortfall between PILT authorization or interests therein including existing con- In addition to amounts authorized to be and appropriations. necting roads on or adjacent to such grant expended under existing laws, there is hereby July 13, 1999 CONGRESSIONAL RECORD — HOUSE H5423 appropriated such amounts as may be con- thorized or approved by the Secretary and to it is presently written, has a 6.6 per- tributed under section 307 of the Act of Octo- be accounted for solely on his certificate: cent increase in administration of the ber 21, 1976 (43 U.S.C. 1701), and such amounts Provided further, That of the amount pro- Fish and Wildlife Service for a total of as may be advanced for administrative costs, vided for environmental contaminants, up to $114.7 million. And out of this, the cen- surveys, appraisals, and costs of making con- $1,000,000 may remain available until ex- veyances of omitted lands under section pended for contaminant sample analyses: tral administration, that here in Wash- 211(b) of that Act, to remain available until Provided further, That hereafter, all fines col- ington, is increased by 6 percent; but expended. lected by the U.S. Fish and Wildlife Service the regional administration, those ADMINISTRATIVE PROVISIONS for violations of the Marine Mammal Protec- areas outside of Washington, are in- tion Act (16 U.S.C. 1362–1407) and imple- Appropriations for the Bureau of Land creased by only 3.5 percent. menting regulations shall be available to the Management shall be available for purchase, So what, in effect, this bill does, be- Secretary, without further appropriation, to erection, and dismantlement of temporary sides the fact that it increases at three be used for the expenses of the U.S. Fish and structures, and alteration and maintenance Wildlife Service in administering activities times the rate of inflation the bureauc- of necessary buildings and appurtenant fa- for the protection and recovery of manatees, racy associated with Fish and Wildlife, cilities to which the United States has title; polar bears, sea otters, and walruses, and not touching any of the programs but up to $100,000 for payments, at the discretion shall remain available until expended: Pro- just simply the administrative portion of the Secretary, for information or evidence vided further, That, notwithstanding any concerning violations of laws administered of this, it increases Washington-based other provision of law, in fiscal year 1999 and by the Bureau; miscellaneous and emergency bureaucracy at almost twice the rate thereafter, sums provided by private entities expenses of enforcement activities author- at which we give increased funds for for activities pursuant to reimbursable ized or approved by the Secretary and to be administration outside of Washington. agreements shall be credited to the ‘‘Re- accounted for solely on his certificate, not to source Management’’ account and shall re- The committee also increases the Na- exceed $10,000: Provided, That notwith- main available until expended: Provided fur- tional Fish and Wildlife Foundation by standing 44 U.S.C. 501, the Bureau may, ther, That, heretofore and hereafter, in car- 16.6 percent and increases the inter- under cooperative cost-sharing and partner- rying out work under reimbursable agree- national affairs administration by 32 ship arrangements authorized by law, pro- ments with any State, local, or tribal gov- cure printing services from cooperators in percent. ernment, the U.S. Fish and Wildlife Service connection with jointly produced publica- There is no question we should ade- may, without regard to 31 U.S.C. 1341 and tions for which the cooperators share the quately fund these organizations, but I notwithstanding any other provision of law cost of printing either in cash or in services, or regulation, record obligations against ac- think there is a legitimate question and the Bureau determines the cooperator is counts receivable from such entities, and that should be asked, and there should capable of meeting accepted quality stand- shall credit amounts received from such en- be an explanation by the committee as ards. tities to this appropriation, such credit to to why a bureaucracy here in Wash- UNITED STATES FISH AND WILDLIFE SERVICE occur within 90 days of the date of the origi- ington needs an increase in its admin- RESOURCE MANAGEMENT nal request by the Service for payment. istrative costs of 6.6 percent when, in For necessary expenses of the United AMENDMENT OFFERED BY MR. COBURN fact, our seniors who are going to re- States Fish and Wildlife Service, for sci- Mr. COBURN. Mr. Chairman, I offer ceive a Social Security increase in entific and economic studies, conservation, an amendment. terms of cost of living are going to re- management, investigations, protection, and The Clerk read as follows: ceive somewhere around 1.8 percent. utilization of fishery and wildlife resources, Amendment offered by Mr. COBURN: except whales, seals, and sea lions, mainte- So we are going to recognize that it Page 11, line 2, after the dollar amount in- nance of the herd of long-horned cattle on takes 31⁄2 to four times to do in Wash- sert ‘‘(reduced by $5,130,000)’’. the Wichita Mountains Wildlife Refuge, gen- ington what we are going to recognize eral administration, and for the performance Mr. DICKS. Mr. Chairman, we do not that is needed by the members of our of other authorized functions related to such have a copy of the amendment of the society who are receiving Social Secu- resources by direct expenditure, contracts, gentleman from Oklahoma, and I re- rity, not to mention the fact that this grants, cooperative agreements and reim- serve a point of order. money is going to come out of Social bursable agreements with public and private The CHAIRMAN. The gentleman entities, $710,700,000, to remain available Security, this increase in spending. from Washington reserves a point of So the real question is, are we going until September 30, 2001, except as otherwise order. provided herein, of which $11,701,000 shall re- to increase bureaucracy costs at a rate main available until expended for operation Mr. COBURN. Mr. Chairman, we have far above inflation and at the same and maintenance of fishery mitigation facili- just heard a debate over why we should time take the money to do that from ties constructed by the Corps of Engineers transfer money out of clean coal tech- the Social Security fund; or can we not under the Lower Snake River Compensation nology to a fund that was designed for pare it back to a 2 percent increase? Plan, authorized by the Water Resources De- conservation and protection of land Can we not realistically ask the em- velopment Act of 1976, to compensate for loss and environment. of fishery resources from water development ployees of the Federal Government to projects on the Lower Snake River, and of b 1745 live within the constraints we are ask- which not less than $2,000,000 shall be pro- And we heard several people say that ing the rest of the country to live with- vided to local governments in southern Cali- we ought to live up to that commit- in? So the purpose of this amendment fornia for planning associated with the Nat- ment, that that is the purpose for that basically brings us back down to a le- ural Communities Conservation Planning fund. And we are going to vote on that gitimate cost-of-living increase in (NCCP) program and shall remain available terms of administrative costs. until expended: Provided, That not less than in a little bit. This bill, in conjunction $1,000,000 for high priority projects which with the rest of the bills, has just as I understand that Federal employees shall be carried out by the Youth Conserva- much commitment that should be at- are going to have a pay increase out of tion Corps as authorized by the Act of Au- tached to it. that, but that is not the far and greater gust 13, 1970, as amended: Provided further, I wanted to take a minute first and portion of this increase. And I would That not to exceed $6,532,000 shall be used for say to the chairman and the ranking compare also the increases that were in implementing subsections (a), (b), (c), and (e) member how much I appreciate the co- the House-marked bill with what the of section 4 of the Endangered Species Act, operation that they have given us this Senate has marked up. And when we as amended, for species that are indigenous look at the National Fish and Wildlife to the United States (except for processing year in working on this bill, in taking petitions, developing and issuing proposed our suggestions towards savings and Foundation, they gave them an 8.3 per- and final regulations, and taking any other the collegial manner in which they ac- cent increase. We have given them a steps to implement actions described in sub- cepted some of our ideas and did not 16.6 percent increase. In international sections (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii): accept others. I am appreciative of the affairs we gave them a 32 percent in- Provided further, That of the amount avail- hard work they have done and the atti- crease and the Senate gave a 4.7 per- able for law enforcement, up to $400,000 to re- tude with which they have accepted cent increase. main available until expended, may at the Overall, the Senate increased 4.9 per- discretion of the Secretary, be used for pay- some of our ideas. ment for information, rewards, or evidence The purpose behind this amendment cent the cost of administration of the concerning violations of laws administered is to show the disparity when we look National Fish and Wildlife administra- by the Service, and miscellaneous and emer- at just administrative accounts for the tive overhead budget, and we have done gency expenses of enforcement activity, au- Fish and Wildlife Service. This bill, as them one better: we have increased it H5424 CONGRESSIONAL RECORD — HOUSE July 13, 1999 6.6 percent. So all we are asking is sim- Mr. DICKS. No, I am not saying that. Service, one of the finest facilities in ply give the American people a jus- I am just saying the Fish and Wildlife the world, and they are called upon to tification of why we should have this Service, and also people back here, are provide assistance in many areas other kind of increase in the administration called upon all the time to make judg- than the United States, and of course of this agency and at the same time ments about what the regions are they are compensated. not be able to fund adequately some of doing on these plans. They deal with the problem of illegal the things that those that are depend- The CHAIRMAN. The time of the taking of species. We have a treaty, the ent in our society are so desperately in gentleman from Oklahoma (Mr. so-called Convention on International need of. COBURN) has again expired. Trade and Endangered Species, and 150 Mr. DICKS. Mr. Chairman, will the (On request of Mr. DICKS, and by nations are signatory to this treaty. It gentleman yield? unanimous consent, Mr. COBURN was involves preventing the importation of Mr. COBURN. I yield to the gen- allowed to proceed for 1 additional endangered animals. They work with tleman from Washington. minute.) the Customs Service, a very impressive Mr. DICKS. Mr. Chairman, one point Mr. DICKS. Mr. Chairman, if the gen- facility to say the least. And that of I would make is that the Fish and tleman will continue to yield, one of course comes under the administrative Wildlife Service, as the gentleman the problems here is the private sector budget. knows, has been called upon here with are the people who enter into these It is something that most people are an incredible number of habitat con- HCPs under the ESA, and they need to not aware of, and yet it is a very vital servation plans all over the country, have somebody to deal with. Now, some part of having responsible enforcement but particularly in the Pacific North- of those people are in D.C. as well. of the Endangered Species Act and to west, California. These issues get raised up to the na- ensure that we are not getting contra- The CHAIRMAN. The time of the tional level to be decided. band in terms of furs or in terms of gentleman from Oklahoma (Mr. So I am just trying to explain that ivory that puts a burden on species in COBURN) has expired. there has been a tremendous increase other parts of the world. (On request of Mr. DICKS, and by because of all of the listings under the So I am pleased that the gentleman unanimous consent, Mr. COBURN was endangered species act. I could tell the is going to withdraw this amendment, allowed to proceed for 2 additional but I did want to mention these things minutes.) gentleman about my own area, of the salmon listings, the Marbled Murrelets, because it is part of the Fish and Wild- Mr. DICKS. If the gentleman will life Service that does not get a lot of continue to yield, I would just say that the Spotted Owl, and the pressure not only on Fish and Wildlife but NMFS as attention, but which is very important there are requirements for them to in terms of preserving species that I have personnel. And I am very sen- well to work with the private sector. Mr. COBURN. I would be happy to think are valuable to all of society. sitive to what the gentleman said Mr. COBURN. Mr. Chairman, will the support the gentleman if he would offer about the increase in personnel in the gentleman yield? regions, because it is in the regional of- an amendment that would move the Mr. REGULA. I yield to the gen- fices where most of these negotiations differences in the increase from Wash- tleman from Oklahoma. are under way; but there is tremendous ington to the regional offices. I would Mr. COBURN. Mr. Chairman, can the pressure on them to be involved, for ex- support that. gentleman explain why our large in- ample at Pacific Lumber company on I plan on withdrawing this amend- crease in the international affairs is a the big settlement in California, where ment because I have another amend- $2 million increase in the budget for they had to have people there who ment to follow it that is much less se- the administration of that one program could negotiate with the State and vere and brings us back in line with the and that is all here in Washington? with the private parties in order to Senate. Mr. REGULA. I think I would re- reach these agreements, which involve The CHAIRMAN. The time of the spond to the gentleman by saying this thousands and thousands of acres of in- gentleman from Oklahoma (Mr. is the program. It is not just adminis- credibly important habitat. COBURN) has again expired. tration. The number we have is the Mr. COBURN. Reclaiming my time, (By unanimous consent, Mr. COBURN program. We had a lot of requests from Mr. Chairman, the gentleman makes was allowed to proceed for 1 additional Members on both sides of the aisle to my point. Why do we fund at a very minute.) give some additional assistance here. small increase the district regional of- Mr. COBURN. If we are going to en- I think, on balance, Fish and Wildlife fices and we are doubling that amount hance the ability of the Fish and Wild- has tried to be very responsible in the for the bureaucracy here in Wash- life to do their job, the best way we en- use of the monies we provide. ington? hance it is at the regional offices and Mr. CALLAHAN. Mr. Chairman, I The point is there is no question they not in Washington, D.C. move to strike the last word. I am sort have a workload, and there is no ques- Mr. Chairman, I ask unanimous con- of sorry the gentleman withdrew his tion we have good employees in this sent to withdraw this amendment. amendment because I share with him agency. The question is can we afford The CHAIRMAN. Is there objection some concern about Fish and Wildlife, at this day and time to grow the Fed- to the request of the gentleman from although I appreciate his doing that eral bureaucracy here in Washington at Oklahoma? because I think that the gentleman a rate twice at which we are growing There was no objection. from Ohio (Mr. REGULA), the chairman the regional bureaucracy. The CHAIRMAN. The gentleman’s of the committee, as well as the gen- Mr. DICKS. Mr. Chairman, if the gen- amendment is withdrawn. tleman from Washington (Mr. DICKS), tleman will continue to yield, I would Mr. REGULA. Mr. Chairman, I move has certainly worked hard to develop a support the gentleman if we were tak- to strike the last word. bill that can be acceptable both to the ing the money from out of D.C. and I realize the gentleman has with- minority and to the Senate and to the transferring it to the regions. That is drawn his amendment, but I would administration. the point I was trying to make. But as point out a couple of facts, and that is My purpose in rising today is really I understand the gentleman’s amend- that all we gave in the Washington of- to enter into a colloquy with the chair- ment, we are not doing that. We are fice were for fixed costs, nothing more. man and to remind him and to remind cutting the overall amount of money There are no more people. It is a sum- the minority that during the recent rather than transferring it from D.C. mary alignment that sort of distorted conference committee we had on the out to the regions. the numbers. So, in reality, we were Kosovo monies there came an issue be- Mr. COBURN. Reclaiming my time just trying to get the fixed costs. fore the committee that we had ample once again, the gentleman’s position is Also, I would mention to my col- votes to put forth and to attach to the whether we are taking it out of there leagues that they have a wide range of Kosovo legislation and it had to do or not, he favors a 6.6 percent increase responsibilities that do not always ap- with an endangered species, the for the bureaucracy here in Wash- pear to most of us. When we were on Alabaman sturgeon. ington at the same time he is limiting the committee trip, we visited the fo- If my two colleagues will recall that the regional increase to 3.5 percent? rensic lab of the Fish and Wildlife night, and Senator BYRD was there, July 13, 1999 CONGRESSIONAL RECORD — HOUSE H5425 calling me a rock for standing by him Mr. CALLAHAN. Mr. Chairman, re- do not feel bound by it, but I believe we on a steel issue and he stood by me too claiming my time, I thank the chair- should honor our commitments on this on this sturgeon issue, and I appreciate man for his comments. and live within the budget agreement Senator BYRD’s doing that, but I am The chairman is right, too. We can- that we voted for and passed and is a sure that my two colleagues are going not have this committee saying which matter of law with the President, that to be upset and so is Senator BYRD species are going to be listed as endan- increasing it 4.9 percent is a large in- when he finds out that, contrary to gered. And we did not ask that. crease in terms of administrative over- what we were told that night, that if There is a 5-year study under way. head and costs. we would withdraw our amendment We have found one of these endangered So my plea to my colleague is to at that Fish and Wildlife would not pro- Alabama sturgeons that looks remark- least consider this very small reduc- ceed further on the endangered species ably like the Mississippi sturgeon. And tion in costs from 6.6 to 4.9 percent, program; that they are on until such there are billions of them. But, in any saying, you know what, we really can time as the Senate had an opportunity event, we found one. We, through a be more efficient in the Federal gov- to have a hearing on this prior to Octo- grant from the U.S. Interior, have now ernment. We really do not have to ber of this year. established a program of breeding a spend this $2 million. We really can get Well, contrary to the promise that sturgeon that looks like what they say by. we got that night, that was given to is endangered. So we are right in the Mr. DICKS. Mr. Chairman, will the the chairman and the ranking member, middle of a 5-year study. gentleman yield? and was given to me and Senator SHEL- Fish and Wildlife, knowing this, just Mr. COBURN. I yield to the gen- BY, Fish and Wildlife ignored what they suddenly decided that they wanted to tleman from Washington. told us and proceeded almost a week go ahead and list it before we were suc- Mr. DICKS. Mr. Chairman, I appre- later with calling for a public hearing cessful in our endeavor. So I am not ciate the gentleman yielding. on the sturgeon situation in Alabama, recommending that we start denying Mr. Chairman, I would just say to the and called it at a time when neither the Service the ability. All we asked gentleman, we had extensive hearings Senator SHELBY nor I or any other for was a delay in order that we could on these issues; and in this bill he is member of the Alabama delegation have a hearing on this in the Senate. going to see hundreds of puts and could be there to testify. Mr. REGULA. Mr. Chairman, if the takes. We made cuts all over this bill, So contrary to the wishes of the con- gentleman would yield further, the and a lot of programs were reduced. ference committee that night, they meeting is scheduled for next Thurs- But in some cases we went along with just are pressing right ahead. They day. I was there the night when the what we considered legitimate in- simply ignore what they told us they commitment was made. We will raise creases. And we have got fixed costs. were going to do. And I am here to tell all the issues that the gentleman has We have got pay. We have got GSA for my colleagues that we are going to outlined today with Fish and Wildlife. the building space. I mean, these are have to address this once again during AMENDMENT OFFERED BY MR. COBURN all the costs of administration, and this process. Mr. COBURN. Mr. Chairman, I offer they do go up. Not today, but sometime during this an amendment. Mr. COBURN. Mr. Chairman, re- process we are going to have to teach The Clerk read as follows: claiming my time, the costs for these Fish and Wildlife a lesson that they Amendment offered by Mr. COBURN: services last year in 1999, according to cannot come before a conference com- Page 11, line 2, after the dollar amount in- the committee print, was $109,363,000. mittee of the United States House and sert ‘‘(reduced by $2,000,000)’’. The recommendation of my colleagues Senate and tell us they are going to do Mr. COBURN. Mr. Chairman, I will is to increase that to $116,680,000, or an one thing, have us withdraw some pro- not go through the details of the last increase of $7,000,317. I do not know posal that is presented before us, and amendment, but I would make a plead- about California, but I know about then turn around and do just exactly ing to the chairman of this committee Oklahoma, and that is a big increase. contrary to what they promised us and the ranking member that the My question is, I am not saying that they would do and what they backed up amount of increases that we have put my colleagues could not come up with with a letter from the head of Fish and in administration of the Fish and Wild- a justification. They could probably Wildlife. life far exceeds that which the Senate come up with a justification for raising b 1800 committee have put in and far exceeds it 10 percent or 15 percent. I will give So, Mr. Chairman, I know that you that which is necessary on a routine my colleagues that, that they can have already cut Fish and Wildlife basis for all of the bureaucracies with- come up with that. What I am saying somewhat this year. We may have to in this government. is, realistically, they are going to go to go deeper than this. But this issue of I know that we can probably come up conference with the Senate level that the sturgeon is going to come back in with a justification for why we need to is well below them. this process because we cannot tolerate increase this 6.6 percent. But I would So my point is, will my colleagues a Federal agency doing this to such a ask the ranking member and the chair- consider trimming this $2 million to prestigious committee chairman as my man for us to really consider where put it in line with the Senate, to put it colleague and his ranking member. this difference between the 4.9 percent in line with the realistic growth in it, Mr. REGULA. Mr. Chairman, will the increase that the Senate has and the and also to recognize that the $2 mil- gentleman yield? 6.6 percent, where is the money going lion is going to come out of the Social Mr. CALLAHAN. I yield to the gen- to come from? Security surplus? tleman from Ohio. We all know where it is going to Mr. Chairman, I yield to the gen- Mr. REGULA. Mr. Chairman, I have come from. The money is going to tleman. two comments. come out of the Social Security trust Mr. DICKS. Mr. Chairman, I am not First of all, we as a committee have fund in the year 2000. And if in fact we prepared to go along with this. I think a difficult time making judgments on will pare back this $2 million, this $2 the recommendation of the committee listings because of hundreds of them, million is enough for 2,000 seniors to is a sound recommendation. as my colleague well knows. get Medicare for a year. Certain agencies, especially the Fish Secondly, we do have a meeting I am not saying the Senate is better and Wildlife Service, with all the work scheduled next week on the very issue at these than we are. What I am saying that they have to do under the Endan- brought up. I would like to invite the is, if we went out and asked the Amer- gered Species Act, I simply disagree gentleman from Alabama (Mr. CAL- ican public what kind of increase did with the gentleman respectfully. I LAHAN) to come to that meeting. We they get in their operating budget to think this is a justified increase. will be in touch with him. I plan to be administer programs, whether it is I know the workload of these people there. We will have people from Fish State, local, municipal or if it is Fed- because I am one of the people that is and Wildlife, and I think we should eral, to see a 6.6 percent increase in a demanding that they increase their ef- raise the very issues that my colleague time when we are bound by the 1997 forts. We need them to put in good peo- has pointed out here today. budget agreement, I know many of us ple, and we want them to have good H5426 CONGRESSIONAL RECORD — HOUSE July 13, 1999 people in D.C. We want them to have Senate. It is ironic that we are above Mr. DICKS. Mr. Chairman, reclaim- good people in the regions who can the Senate, but I am trying to get us ing my time, well, we will consider make decisions and not hold up the pri- down to the Senate. that. We will think about that. I be- vate sector when they come up on Mr. DICKS. Mr. Chairman, reclaim- lieve we have got some time between HCPs, which happens to be something I ing my time, with all due respect, I now and the end of this bill. happen to be very familiar with. think the gentleman should refer to it The CHAIRMAN. The question is on Mr. COBURN. Mr. Chairman, re- as the ‘‘other body’’ under the rules. I the amendment offered by the gen- claiming my time, I thank the gen- call upon the Chair to enforce the tleman from Oklahoma (Mr. COBURN). tleman for his comments. rules. The question was taken; and the So, therefore, for the record, the po- Mr. COBURN. Mr. Chairman, I would Chairman announced that the noes ap- sition of the committee is that we will take that correction. peared to have it. increase the bureaucracy in Wash- Mr. DICKS. And in good spirit. Mr. COBURN. Mr. Chairman, I object ington at twice the rate we increase But the other body, especially some to the vote on the ground that a the bureaucracy in the private sector. of the leadership of the other body, quorum is not present and make the Mr. DICKS. Mr. Chairman, I move to may not support the Endangered Spe- point of order that a quorum is not strike the requisite number of words. cies Act and would like to see it under- present. Mr. Chairman, I appreciate the inter- cut a little bit. So I would not be sur- The CHAIRMAN. Pursuant to House est of the gentleman and his concern prised if the other side cut back fund- Resolution 243, further proceedings on about this. As we all know, our bill is ing for the Fish and Wildlife Service the amendment offered by the gen- underneath our allocation. So it fits because they are not as enthusiastic tleman from Oklahoma (Mr. COBURN) into the budgetary scheme that has about it as maybe we are. will be postponed. been created by the majority, one that Mr. COBURN. Mr. Chairman, if the The point of no quorum is considered I have serious reservations about, but gentleman would continue to yield, I withdrawn. it does. would just note from the committee AMENDMENT OFFERED BY MR. EHLERS So I would say to the gentleman, we print that the committee cuts ESA $5 Mr. EHLERS. Mr. Chairman, I offer do meet all the guidelines of the 1997 million over last year, the Endangered an amendment. budget agreement, as far as I know. Species Act in terms of the funding for The Clerk read as follows: And we have tried to do the best job we it. So what they have done is cut the Amendment offered by Mr. EHLERS: could after hearing all of these wit- money for the Endangered Species Act Page 13, line 8, after the period add the fol- nesses. I mean, I would show the gen- but grow the bureaucracy. And to me I lowing: ‘‘In addition to the other amounts tleman all of the books of testimony find that fairly contrary in terms of made available by this paragraph, there shall that we have. We have listened to these the idea. be available to the Director of the United States Fish and Wildlife Service $422,000 to people go into great detail about the Regardless of what the other body carry out section 1005 of the Great Lakes workload increases. I am a demon on has done, my contention is I think that Fish and Wildlife Restoration Act of 1990 (16 administration, too. we can lead in the House over the other U.S.C. 941c).’’. Now, if this were another agency, let body and set an example. Mr. REGULA. Mr. Chairman, I re- us say it was the National Endowment I appreciate the gentleman yielding serve a point of order on this amend- for the Arts or Humanities, I would in- to me. ment. sist that we hold down D.C. But in this Mr. REGULA. Mr. Chairman, will the The CHAIRMAN. The gentleman case, because of the explosion of work gentleman yield? from Ohio (Mr. REGULA) reserves a that is being required of these agencies Mr. DICKS. I yield to the gentleman point of order. because of all of these listings, I must from Ohio. Mr. EHLERS. Mr. Chairman, the gist tell my colleague, I think 6 or 7 percent Mr. REGULA. Mr. Chairman, I think of this amendment is to fund an au- is very reasonable. it should be pointed out here that part thorization which was adopted last Mr. COBURN. Mr. Chairman, will the of this cut would come out of the year by the Congress and has been gentleman yield? money we give to the National Fish signed into law by the President. Mr. DICKS. I yield to the gentleman and Wildlife Foundation, which is a I am speaking at this point on behalf from Oklahoma. very responsible organization. They le- of the Great Lakes. I recognize the Mr. COBURN. Mr. Chairman, I say to verage these dollars three to one. For work of the chairman of this com- the gentleman, he might not have every one we have, they raise three in mittee, who has been very supportive heard the first portion of my state- the private sector. They have a limit of of these efforts. I also recognize the ac- ment. I did thank him and the chair- 5 percent on administrative costs. They tivities of the chairman of the Com- man for the work they did and recog- are extremely helpful in developing the mittee of the Whole House, who has in- nizing that this is a good bill. I am not habitat conservation programs. stituted some legislation in this re- saying this is not a good bill. I know that the HCPs would be some- gard. And, in fact, this amendment is Mr. DICKS. Mr. Chairman, reclaim- thing the gentleman, I believe, would an attempt to fund some activities ing my time, but now the gentleman strongly endorse. Because it basically that were sponsored by the chairman of wants to come in and try to nitpick it takes the private sector, lays out an the Committee of the Whole House. a little bit. area for economic growth in an area for Many Americans fail to recognize the Mr. COBURN. Mr. Chairman, if the habitat, and I think it is, from what I significance of the Great Lakes. They gentleman would continue to yield, have observed, a very positive program. constitute 20 percent of the world’s yes, I want to save $2 million for senior Mr. DICKS. Mr. Chairman, reclaim- fresh water. They constitute 95 percent citizens for the Social Security system. ing my time, it is a voluntary program. of the United States’ fresh surface There is no question I want to do that. That is the great thing. The companies water. They contain six quadrillion Mr. DICKS. But it is not going to do like Waterhouse, Plum Creek, Murray gallons of fresh water. that. My colleague knows full well as I Pacific, they all come in, they nego- I find it ironic that this country has do that all it is going to do is get us tiate with the Feds. But they have got spent hundreds upon hundreds of mil- underneath the allocation further and to have somebody to negotiate with it. lions of dollars, in fact, billions of dol- then the Senate or somebody else will Again, I say this, if the amendment lars developing dams and other water- say, well, let us increase something to of the gentleman were to take it out of ways in the West to provide fresh water get back up to the level that the ma- the administration nationally and give and yet we often are stingy in pro- jority has authorized under the Budget it to the regions, I could probably sup- viding funding for the Great Lakes, Act. We do not take the money from port that. But just to cut it out. which is the greatest freshwater sys- here and move it over to somewhere Mr. COBURN. Mr. Chairman, if the tem in the world. else. gentleman would yield further, would Mr. COBURN. Mr. Chairman, if the the gentleman agree with me that at b 1815 gentleman would continue to yield, I the end of this bill we would have a Last year, Congress unanimously am just trying to get us down to the conforming amendment to do that? passed and the President signed into July 13, 1999 CONGRESSIONAL RECORD — HOUSE H5427 law the Great Lakes Fish and Wildlife Nation to maintain and improve the servation, management, investigation, pro- Restoration Act which reauthorized quality of our freshwater lakes and tection, and utilization of fishery and wild- the original 1990 act. This act provides supply that is part of our Nation’s re- life resources, and the acquisition of lands for the continuation of the Great sources. and interests therein; $43,933,000, to remain available until expended. Lakes Fish and Wildlife coordination Mr. EHLERS. Reclaiming my time, I offices, which are very important to thank the gentleman for his comments AMENDMENT OFFERED BY MR. GUTKNECHT the entire Great Lakes basin but im- and his willingness to consider this Mr. GUTKNECHT. Mr. Chairman, I portantly, as it relates to this amend- issue. Not only are other states hoping offer an amendment. ment, the act creates a new grants pro- to tap into Great Lakes Water, but The Clerk read as follows: gram for implementation of fish and other countries are also seeking to tap Amendment offered by Mr. GUTKNECHT: wildlife restoration projects. This into this supply and hope to ship water Page 13, line 14, after the dollar amount in- structure provides a unique oppor- out of the Great Lakes to fulfill their sert ‘‘(increased by $250,000)’’. own water needs. It is very important Page 71, line 22, after the dollar amount in- tunity for enhancing coordination of sert ‘‘(reduced by $250,000)’’. restoration activities in the Great for us to maintain the purity of this Lakes region, leveraging funds for res- water, make certain that it remains in Mr. REGULA. Mr. Chairman, I re- toration efforts and making real this country, is used properly, and re- serve a point of order on this amend- progress on the highest priority res- mains drinkable for our population. I ment. toration activities needed in the re- thank the gentleman for his comments. The CHAIRMAN. The gentleman gion. Mr. Chairman, I ask unanimous con- from Ohio reserves a point of order. Enthusiasm for getting the program sent to withdraw the amendment. Mr. GUTKNECHT. Mr. Chairman, re- off to a rapid start is high in the re- The CHAIRMAN. Is there objection cently the President announced from gion. In fact, interested parties have to the request of the gentleman from the White House that the American already drafted several proposals for Michigan? bald eagle, a symbol of our Nation and the grant program, and the Council of There was no objection. the freedom we cherish, is no longer on Mr. TIERNEY. Mr. Chairman, I move Lake Committees has begun discussion our country’s endangered species list. to strike the last word. We can be proud of this accomplish- of priorities. Mr. Chairman, I would like to thank I understand that no new grant pro- ment and acknowledge the efforts and the gentleman from Ohio (Mr. REGULA) grams were funded in this bill due to the vision of the individuals who have for his support and for his commitment the tight budget cap and the chair- helped save this majestic raptor from to completion of the Parker River man’s desire to create a fair Interior extinction. Wildlife Refuge headquarters complex appropriations bill. I also understand Today, I come to the floor to ask this and its visitors center in Newburyport, full well the difficulty of the appropria- body’s support for what I believe to be Massachusetts. I understand that we tions process while in particular the an exceptional opportunity to help one are waiting to reach a final agreement difficulty the subcommittee chairman community’s dream become a reality. on the total cost of the project. My faced in trying to deal with this appro- But more importantly I believe this current understanding is that suffi- priations process while remaining Congress can make a modest invest- cient funds from previous years exist within the caps in the 302(b) alloca- ment in providing an exceptional site to move this project forward in fiscal tions. where millions of Americans will be year 2000. Is that the gentleman’s un- I have a great deal of respect for the able to enjoy viewing the American derstanding as well? bald eagle in its natural habitat. I am chairman of the subcommittee, Mr. Mr. REGULA. Mr. Chairman, will the REGULA. Because of that respect, I do proud to report that the city of gentleman yield? Wabasha, Minnesota, has made a real not plan to pursue this amendment but Mr. TIERNEY. I yield to the gen- plan to withdraw it. However, I did commitment to building a first-class tleman from Ohio. facility where visitors can do just this. want to offer the amendment and de- Mr. REGULA. Mr. Chairman, the But first I want to say that I am bate it so that, if additional funds be- gentleman is correct. The Fish and fully aware of the very difficult task come available later in the appropria- Wildlife Service has told the com- before the gentleman from Ohio (Mr. tions process, the chairman and the mittee that funds for planning and de- REGULA), his subcommittee and staff in subcommittee will look kindly upon sign are sufficient to continue this developing this bill that addresses the funding this particular grant program. project through fiscal year 2000 and stewardship of our Nation’s natural The amount of money is $422,000, which that further construction funding will and national resources in a responsible is relatively small compared to the not be needed for obligation until 2001. and balanced way. I appreciate their total of the bill, and I believe it would Let me assure the gentleman that the hard work and many worthy funding go a great distance toward renewing committee is committed to completing projects they have been asked to con- the restoration efforts in the Great this project and to providing additional sider. Despite the subcommittee’s sup- Lakes. It will provide sufficient funds funding in the future when it is needed. to leverage a great deal of State money Mr. TIERNEY. Reclaiming my time, port for the eagle center last year, I re- to be put into this effort. I thank the gentleman and ask should gret that the budget constraints within I would appreciate any comments the new information come to light and the U.S. Fish and Wildlife precluded chairman might make upon this issue should we reach resolution on the total the agency from extending financial before I officially withdraw it. cost of the project and additional funds support for the construction of the cen- Mr. REGULA. Mr. Chairman, will the are made available in the Interior allo- ter. gentleman yield? cation, would he consider some funding Rather than asking the agency to Mr. EHLERS. I yield to the gen- for the project in fiscal year 2000 as draw on its limited operations budget, tleman from Ohio. part of his conference negotiations? my amendment transfers $250,000 from Mr. REGULA. Mr. Chairman, I think Mr. REGULA. If the gentleman will the Energy Information Administra- the gentleman makes a good point. We yield further, again let me assure the tion to the construction account with- would hope that if there are additional gentleman that the committee con- in the U.S. Fish and Wildlife Service. funds available, that we might be able siders this a worthy project and I will With the EIA receiving an increase of to do this. The Great Lakes are a very be happy to work with him as we move $2.1 million over last year’s budget for precious resource. Water, I think, gen- forward in conference negotiations a total of $72.644 million, I would sug- erally is going to grow in its impor- with the other body. gest that my proposed reduction would tance. Therefore, one of the great ef- Mr. TIERNEY. Again I thank the have a minimal impact on its oper- forts we should make as a Nation is to gentleman very much. ations. Indeed, the CBO has scored it to preserve freshwater supplies. We have The CHAIRMAN. The Clerk will read. have a neutral budget impact. Again, heard the stories that some States The Clerk read as follows: this amendment requests a very mod- want to build pipelines up to the Great CONSTRUCTION est contribution from the Federal Gov- Lakes to tap into that water supply, For construction and acquisition of build- ernment for a project that will gen- and we have a responsibility to this ings and other facilities required in the con- erate benefits that far exceed the costs. H5428 CONGRESSIONAL RECORD — HOUSE July 13, 1999 For the past 9 years, 70 volunteers, Mr. Chairman, there is no question vote on this. We would like to have the people who live in Wabasha, Minnesota, that this is a great project for the peo- gentleman’s support. If in the end as- have shared their riverfront with thou- ple that have a chance to view it, and suming that we may not prevail in this sands of visitors who come to see a I am pleased to note that the State and vote, it is something that is important, bald eagle in the wild. These visitors the local community is supporting it. it is not just important to the people in leave with a tangible connection to the But I would have to point out to the Wabasha, Minnesota, it is really impor- eagles and a newfound interest in pre- gentleman that this is not Federal land tant to all Americans. As I say, it is serving our wildlife heritage and van- and we cannot meet all the operational one of the few places in the lower 48 ishing wild places. and maintenance needs of the refuge United States where you can actually But, Mr. Chairman, winters in Min- system, the Federal refuge system. see eagles in the wild and I think it is nesota are very cold. An average vis- We have requests in our committee going to be a tremendous resource not itor spends only about 10 minutes on for $175 million worth of non-Federal only for the upper Midwest but for all the riverfront. An indoor eagle viewing projects. We just simply had to take a Americans. and education facility would enhance position that we cannot do any because Mr. REGULA. Reclaiming my time, I the visitor experience. To get this in- if we do one, then we have to perhaps would ask the question of the gen- credible project moving forward, the try to do a lot of others. There is a tleman, has there been any conversa- city of Wabasha and the Minnesota leg- waiting list of construction and main- tion with Fish and Wildlife as to islature have already contributed over tenance projects within the Fish and whether or not they would like to have $1.9 million, about half of what the cost Wildlife, projects that are on existing this in as part of their portfolio? will be to build the national eagle cen- Federal lands. Mr. GUTKNECHT. Yes, I have talked ter in Wabasha, Minnesota. Now the I would suggest to the gentleman to Fish and Wildlife. They very much community is looking for a little sup- that he might consider trying to get would like to be a part of this. They port from Congress. I cannot think of a this authorized as a Federal site and did not make it a priority item on better way to celebrate the recovery of then it would be easier for us to con- their budget list this year, but they the once threatened American eagle. sider it. But under the present cir- asked me if perhaps I could get it in- Two years ago, CBS News reporter cumstances, we simply cannot start cluded individually in this particular Harry Smith joined the ranks of Amer- down the road of funding non-Federal manner. ica’s wildlife watchers. He became a projects. I would hope the gentleman Mr. REGULA. Again reclaiming my birdwatcher when he visited rural would withdraw the amendment. We do time, I would strongly urge the gen- southeastern Minnesota to shoot a have to oppose it on the basis that we tleman to consider getting it author- story about Wabasha’s bald eagle cen- have rejected $175 million worth of ized so it could be a Federal project. I ter. He said, ‘‘It makes the heart other projects. realize he does not want ongoing funds, quicken to see the splendid symbol of Mr. GUTKNECHT. If the gentleman but these do have a way of needing our Nation, hundreds of them, in their will yield, I think the difference here is some additional funding in future natural environment sitting in the cot- that we are not going to be coming years. tonwoods and fishing, along the banks back every year for additional mainte- of the upper Mississippi River.’’ nance costs. b 1830 CBS News officials said the network Mr. REGULA. I understand. The CHAIRMAN. The question is on received more phone calls requesting Mr. GUTKNECHT. The point here is the amendment offered by the gen- copies of Smith’s eloquent story about that we have recognized this is the na- the bald eagle’s success in Wabasha tleman from Minnesota (Mr. GUT- tional eagles center. The city has con- KNECHT). than any story he has ever done. tributed already almost $1 million, the Nowhere else in the lower 48 States The amendment was rejected. State of Minnesota has contributed al- can you and your family get a better ANNOUNCEMENT BY THE CHAIRMAN most $1 million. They intend to raise in view of our natural symbol. And there The CHAIRMAN. The Chair would addition to that perhaps as much as $2 is nowhere else you can go to see so note that the use of cellular telephones many bald eagles on any Sunday from million in private resources. We are is not permitted either on the floor of November through March knowing asking for a very modest investment, the House or within the gallery, and that trained staff will be there to help because it is important, it is our na- the Chair would ask the visitor within you spot the birds and share informa- tional symbol, it is the national eagles the gallery to cease use of a cellular tion about them. And, Mr. Chairman, center. So we are asking for a very telephone. there is no admission charge. modest amount to be transferred out of The Clerk will read. Recently, the Minnesota Audubon a department budget that was in- The Clerk read as follows: Council and the Upper Mississippi creased by over $2.5 million. Frankly, Mr. Chairman, I really do LAND ACQUISITION River Campaign agreed to team up For expenses necessary to carry out the with the city to support the develop- not want to have to come back for maintenance expenses every year. This Land and Water Conservation Fund Act of ment of the project. They, too, recog- 1965, as amended (16 U.S.C. 460l–4 through 11), nize the eagles center as a unique vis- would be just one way that the Federal including administrative expenses, and for itor and teaching facility. In fact, Au- Government could pick up a small por- acquisition of land or waters, or interest dubon is planning to use the center to tion of the overall cost. therein, in accordance with statutory au- be a key stopping point for the Great Mr. REGULA. I understand what the thority applicable to the United States Fish and Wildlife Service, $42,000,000, to be derived Rivers Birding Train which will run gentleman is saying, but I have to point out, it is not an authorized Fed- from the Land and Water Conservation Fund from the headwaters of the Mississippi and to remain available until expended. River to the city of St. Louis. eral project and once we start funding Nationally and locally, investments these, this may be not a lot but the Mr. DICKS. Mr. Chairman, I move to in wildlife and wild places are an in- total of all of these projects is $175 mil- strike the last word. vestment in this country’s natural re- lion. We do not have it to begin with Could I ask the gentleman from Ohio source legacy and its economic future. and we do not feel that we should be (Mr. REGULA) what his intentions are Mr. Chairman, I ask the chairman doing non-Federal projects when we now about how long we are going to go and my colleagues for their support of have such a backlog of maintenance here before we are going to have the this very important amendment. and high priority projects that are Fed- votes? The CHAIRMAN. Does the gentleman eral lands. Mr. REGULA. Mr. Chairman, will the from Ohio insist on his point of order? I feel that the proper way would be gentleman yield? Mr. REGULA. Mr. Chairman, I with- either to get it authorized or, and I Mr. DICKS. I yield to the gentleman draw the point of order. congratulate the communities, if they from Ohio. The CHAIRMAN. The gentleman continue supporting this as either a Mr. REGULA. Mr. Chairman, we have withdraws the point of order. State and local cooperative facility. two additional amendments that I Mr. REGULA. Mr. Chairman, I move Mr. GUTKNECHT. With all due re- think we can dispose of very quickly, to strike the last word. spect, I would hope that we can have a and then it would be our intent to go to July 13, 1999 CONGRESSIONAL RECORD — HOUSE H5429 the vote on the amendments that have notwithstanding 44 U.S.C. 501, the Service erosions of services in a parish which I been rolled, and those would be the last may, under cooperative cost sharing and represent, Cameron Parish, which is votes for today. We might continue. We partnership arrangements authorized by law, one-third owned, it has Federal refuges will discuss that afterwards as to procure printing services from cooperators on them. When I testified last year, I in connection with jointly produced publica- whether we want to continue any fur- tions for which the cooperators share at also predicted that the percentage paid ther debate on some of the amend- least one-half the cost of printing either in to local governments would fall below ments and roll them until tomorrow cash or services and the Service determines 70 percent of what we owe, of what morning. the cooperator is capable of meeting accept- Congress owes, unless Congress steps Mr. DICKS. Mr. Chairman, does that ed quality standards: Provided further, That up to the plate. If enacted today, coun- include UPARR or not? Because we un- the Service may accept donated aircraft as ties and parishes across America will derstand that is going to take 30 or 40 replacements for existing aircraft: Provided receive only 56 percent of what they minutes. further, That notwithstanding any other pro- are entitled to through the National vision of law, the Secretary of the Interior Wildlife Refuge Fund of Fiscal Year Mr. REGULA. Mr. Chairman, if my may not spend any of the funds appropriated colleague likes, we have one, an in this Act for the purchase of lands or inter- 2000. amendment from the gentleman from ests in lands to be used in the establishment I appreciate the subcommittee chair Louisiana (Mr. MCCRERY), which I will of any new unit of the National Wildlife Ref- and ranking member and all the budget offer; and we are going to accept it. uge System unless the purchase is approved pressures that they are under when And the gentleman from Florida (Mr. in advance by the House and Senate Commit- they are drafting and crafting this bill, MICA) has an amendment he wants to tees on Appropriations in compliance with but I respectfully request that during offer, and we could do UPARR. the reprogramming procedures contained in the conference committee that they be Mr. DICKS. Then we will be all right. Senate Report 105–56. mindful of the impact that this trend The CHAIRMAN. The Clerk will read. NATIONAL PARK SERVICE has had on our local governments and The Clerk read as follows: OPERATION OF THE NATIONAL PARK SYSTEM work to seek additional funds for the COOPERATIVE ENDANGERED SPECIES For expenses necessary for the manage- National Wildlife Refuge Fund during CONSERVATION FUND ment, operation, and maintenance of areas the conference negotiations. and facilities administered by the National For expenses necessary to carry out the Mr. DICKS. Mr. Chairman, I appre- Park Service (including special road mainte- provisions of the Endangered Species Act of ciate the gentleman yielding, and I am nance service to trucking permittees on a re- 1973 (16 U.S.C. 1531–1543), as amended, speaking only for myself. I appreciate imbursable basis), and for the general admin- $15,000,000, to remain available until ex- the gentleman raising this issue on the istration of the National Park Service, in- pended. cluding not less than $1,000,000 for high pri- floor. NATIONAL WILDLIFE REFUGE FUND ority projects within the scope of the ap- As my colleagues know, the com- For expenses necessary to implement the proved budget which shall be carried out by mittee expressed its concern regarding Act of October 17, 1978 (16 U.S.C. 715s), the Youth Conservation Corps as authorized this trend in House Report 106–222. I as- $10,779,000. by 16 U.S.C. 1706, $1,387,307,000, of which sure my colleagues that we will con- NORTH AMERICAN WETLANDS CONSERVATION $8,800,000 is for research, planning and inter- tinue to work with the gentleman and FUND agency coordination in support of land ac- in conference to attempt to find addi- For expenses necessary to carry out the quisition for Everglades restoration shall re- tional resources. provisions of the North American Wetlands main available until expended, and of which The committee report says that the Conservation Act, Public Law 101–233, as not to exceed $8,000,000, to remain available committee is concerned about the pri- until expended, is to be derived from the spe- amended, $15,000,000, to remain available orities of the Service with respect to until expended. cial fee account established pursuant to title V, section 5201 of Public Law 100–203. how they relate to meeting its obliga- WILDLIFE CONSERVATION AND APPRECIATION tions under the National Wildlife Ref- FUND Mr. DICKS. Mr. Chairman, I move to strike the last word, and I yield to the uge Fund. In particular, the committee For necessary expenses of the Wildlife Con- questioned why this Service has con- gentleman from Louisiana (Mr. JOHN). servation and Appreciation Fund, $800,000, to tinued to acquire appreciably more remain available until expended. Mr. JOHN. Mr. Chairman, I would like to rise in a brief colloquy with the land over the past few years and yet MULTINATIONAL SPECIES CONSERVATION FUND has not requested additional funding For expenses necessary to carry out the subcommittee ranking member, the gentleman from Washington (Mr. for the National Wildlife Refuge Fund. African Elephant Conservation Act (16 U.S.C. This issue should be addressed in the 4201–4203, 4211–4213, 4221–4225, 4241–4245, and DICKS). 1538), the Asian Elephant Conservation Act Mr. Chairman, today I rise in support next year’s budget request, and we will of 1997 (Public Law 105–96, 16 U.S.C. 4261– of the National Wildlife Refuge Fund, continue to work with the gentleman 4266), and the Rhinoceros and Tiger Con- also known as the Refuge Revenue on this issue. servation Act of 1994 (16 U.S.C. 5301–5306), Sharing Fund, and this fund reim- Mr. JOHN. Mr. Chairman, I thank the $2,000,000, to remain available until ex- burses local governments for the bur- gentleman. pended: Provided, That funds made available Mr. DICKS. I appreciate his raising it dens that the presence of the U.S. Wild- under this Act, Public Law 105–277, and Pub- with me. lic Law 105–83 for rhinoceros, tiger, and life and Fisheries Service acquired The CHAIRMAN. The Clerk will read. Asian elephant conservation programs are lands place upon them. Since Fiscal The Clerk read as follows: exempt from any sanctions imposed against Year 1996, Congress has appropriated NATIONAL RECREATION AND PRESERVATION any country under section 102 of the Arms only $10 million for this fund, while at For expenses necessary to carry out recre- Export Control Act (22 U.S.C. aa–1). the same time has increased funding ation programs, natural programs, cultural ADMINISTRATIVE PROVISIONS for the Service to provide for increased programs, heritage partnership programs, Appropriations and funds available to the land acquisitions. These actions have environmental compliance and review, inter- United States Fish and Wildlife Service shall caused a reduction in the funding for national park affairs, statutory or contrac- be available for purchase of not to exceed 70 local governments, resulting in the loss tual aid for other activities, and grant ad- passenger motor vehicles, of which 61 are for of much-needed and very critical serv- ministration, not otherwise provided for, replacement only (including 36 for police- $45,449,000: Provided, That no more than type use); repair of damage to public roads ices. Let me be very clear that I do sup- $100,000 may be used for overhead and pro- within and adjacent to reservation areas gram administrative expenses for the herit- caused by operations of the Service; options port our Nation’s refuges and the bene- age partnership program. for the purchase of land at not to exceed $1 fits that they provide. In fact, I have AMENDMENT NO. 8 OFFERED BY MR. GEORGE for each option; facilities incident to such several refuges in my district alone. MILLER OF CALIFORNIA public recreational uses on conservation However, I do not believe that this is Mr. GEORGE MILLER of California. areas as are consistent with their primary good policy to continue this trend that purpose; and the maintenance and improve- Mr. Chairman, I offer an amendment. ultimately places an undue burden on The CHAIRMAN. The Clerk will des- ment of aquaria, buildings, and other facili- our local governments across America. ties under the jurisdiction of the Service and ignate the amendment. to which the United States has title, and Last year I testified in front of the The text of the amendment is as fol- which are used pursuant to law in connec- Subcommittee on Interior regarding lows: tion with management and investigation of how initial transfers within local gov- Amendment No. 8 offered by Mr. GEORGE fish and wildlife resources: Provided, That ernment accounts led to significant MILLER of California: H5430 CONGRESSIONAL RECORD — HOUSE July 13, 1999 Page 17, line 13, after the dollar amount, from environmental organizations, Mr. DICKS. Mr. Chairman, it is a insert the following: ‘‘(increased by from the Conference of Mayors, from very strong endorsement. I support it. I $4,000,000)’’. the League of Cities and from the Po- think it is a good program. Page 36, line 23, after each of the two dol- lar amounts, insert the following: ‘‘(reduced lice Athletic Leagues, from the Sport- Mr. YOUNG of Alaska. Mr. Chairman by $4,000,000)’’. ing Goods Manufacturers Association, I rise in opposition to the amendment Mr. GEORGE MILLER of California. all of which are prepared and are rais- offered by the gentleman from Cali- Mr. Chairman, this amendment is very ing money to help in this effort; and fornia (Mr. GEORGE MILLER). simple. Currently, the CNMI territories this Federal money, again, is used on a I will not use the full time. I was have a built-up account of unspent matching basis. Local governments very disappointed the chairman accept- Federal moneys in excess of $80 million must make this a priority, they must ed the amendment. It is a bad amend- that they have been unable or unwill- put up their own money, and this ment. See, my money is, in fact, guar- ing to match that we have appro- money is used to help out so many of anteed money to the CMI. I am sure he priated to them. That is over 5 years of those States like Ohio and Washington. pointed it out. This is a mischievious funding under the current regime that Mr. REGULA. Mr. Chairman, I move amendment. It should never have been we have for these purposes. Because to strike the requisite number of offered. I would suggest respectfully they have been unwilling or unable to words. that the amendment should be soundly match that funding, I am suggesting Mr. Chairman, we are going to accept defeated. We will not vote on it because that we take $4 million out of that and this amendment, but let me have some the gentleman has accepted it. But it put it into the very important and qualifiers. I think that we need to ex- better not be in the conference when it bipartisanly supported Urban Parks plore this more clearly, but I believe comes back to this House floor. and Recreation amendment known as the Commonwealth of Northern Mar- The CHAIRMAN. The question is on the UPARR program for recreation re- iana Islands is mandatory payment, the amendment offered by the gen- covery. This $4 million would allow a and I do not believe that we can take tleman from California (Mr. GEORGE number of States that had had their money out of that as proposed in the MILLER). proposals for grants turned down be- amendment. And, therefore, in the ab- The amendment was agreed to. cause funding was not provided: Ala- sence of having access to the CNMI The CHAIRMAN. The Clerk will read. bama, 200,000; California, 630,000; Flor- money, the money would therefore The Clerk read as follows: ida, 288,000; Georgia 569,000; Maryland, have to come out of the Office of Insu- HISTORIC PRESERVATION FUND 249,000; Massachusetts, 600,000; Texas, lar Affairs. And that means American For expenses necessary in carrying out the 330,000; North Carolina, 88,000; Ohio, Samoa operations. It means from Historic Preservation Act of 1966, as amend- 500. These are States that have come Brown Tree Snake control, from tech- ed (16 U.S.C. 470), and the Omnibus Parks and forward and have programs to provide nical assistance to the territories and Public Lands Management Act of 1996 (Pub- for the recovery of recreational facili- other vital programs. And these are lic Law 104–333), $46,712,000, to be derived poor areas, and I do not think the gen- from the Historic Preservation Fund, to re- ties, worn-out facilities. main available until September 30, 2001, of We heard earlier today about the tleman would want to do that, given which $11,722,000, pursuant to section 507 of problems that soccer teams and Little his concern for people. Public Law 104–333 shall remain available League teams and Pop Warner teams Mr. GEORGE MILLER of California. until expended: Provided, That, notwith- are having to find facilities to offer Mr. Chairman, will the gentleman standing any other provision of law, effective recreational opportunities. That is why yield? October 1, 1999 and thereafter the National this legislation is supported by the Na- Mr. REGULA. I yield to the gen- Park Service may recover and expend all fee tional Association of Police Athletic tleman from California. revenues derived from providing necessary Leagues. The police associations under- Mr. GEORGE MILLER of California. review services associated with historic pres- stand the importance of giving young Mr. Chairman, I appreciate that quali- ervation tax certification, and such funds shall remain available until expended: Pro- people constructive activities to par- fier, and I tried to say that in my vided further, That section 403(a) of the Na- ticipate in from 3 to 6 in the afternoon, rushed opening statement here. That tional Historic Preservation Act of 1966 (16 but if they do not have these opportu- would not be my intent. U.S.C. 470x–2(a)) is amended by striking the nities, unfortunately some of them go As my colleagues know, this UPARR last sentence. into crime and other destructive be- money is part of the President’s re- AMENDMENT OFFERED BY MR. REGULA havior. quest that my colleagues have tried to Mr. REGULA. Mr. Chairman, I offer We believe it is important to fund deal with, and I guess what I am count- an amendment on behalf of the gen- these efforts. There is so many, there is ing on is, just as the gentleman tried tleman from Louisiana (Mr. MCCRERY). such a backlog of need, it will not to find additional moneys for the terri- The Clerk read as follows: harm the CNMI due to the fact that tories out of this account, that his cre- Amendment offered by Mr. REGULA: they have a tremendous backlog of ap- ative talents would also find money Page 18, beginning at line 5, strike ‘‘: Pro- propriated moneys that this committee perhaps for UPARR, which has such vided further,’’ and all that follows through has appropriated and that they have tremendous support on both sides of line 8 and insert a period. been unable to spend. the aisle. If that is not able to happen, Mr. REGULA. Mr. Chairman, we were This committee has made essentially then I would not expect my colleague unaware of local opposition to this lan- the same decision in removing $5 mil- then to go to the next step, which guage when it was inserted in the bill lion from that amount of money for would be to take money from the terri- in the other body last year, and we in- the purposes of giving it to other terri- tories. cluded it this year, and we accept the tories who are in need of this, who have Mr. REGULA. Mr. Chairman, re- amendment to strike the provision, programs, who have the demand, are claiming my time, I appreciate the and this will enable the parties to ne- willing to come up, in many instances, gentleman’s comments, and based on gotiate on the issue of moving this fa- with the money that is to be spent with that we accept the amendment. cility. a match by the local effort. I would not Mr. DICKS. Mr. Chairman, will the Mr. DICKS. Mr. Chairman, will the support this effort if this money was to gentleman yield? gentleman yield to me? come out of the other territories’ budg- Mr. REGULA. I yield to the gen- Mr. REGULA. I yield to the gen- ets for that purposes, but because of tleman from Washington. tleman from Washington. the way the rules changed, I have to Mr. DICKS. Mr. Chairman, I want to Mr. DICKS. Mr. Chairman, we have offer it in this fashion, but it is my in- commend the gentleman for his amend- no objection on this side. tent to keep consistent with what the ment. We accepted it last year, we con- The CHAIRMAN. The question is on committee did with respect to other tinue to work with him, and hopefully the amendment offered by the gen- funds with regard to CNMI, and I would it will go further this year than it did tleman from Ohio (Mr. REGULA). hope that the committee could support last year. The amendment was agreed to. this amendment. Mr. GEORGE MILLER of California. b As my colleagues know, there has Mr. Chairman, I thank the gentleman 1845 been a dramatic resurgence in support for his remarks. The CHAIRMAN. The Clerk will read. July 13, 1999 CONGRESSIONAL RECORD — HOUSE H5431 The Clerk read as follows: Florida are contingent upon new matching coming back in 10 or 20 years and ask- CONSTRUCTION non-Federal funds by the State and shall be ing for billions and billions in restora- For construction, improvements, repair or subject to an agreement that the lands to be tion when we can spend a few million replacement of physical facilities, including acquired will be managed in perpetuity for now for preservation. the restoration of the Everglades: Provided the modifications authorized by section 104 Mr. Chairman, I ask unanimous con- of the Everglades National Park Protection further, That lands shall not be acquired for more than the approved appraised value (as sent to withdraw my amendment so we and Expansion Act of 1989, $169,856,000 to re- can proceed with the business. I know main available until expended: Provided, addressed in section 301(3) of Public Law 91– That, notwithstanding any other provision 646) except for condemnations, declarations the chairman will acquiesce to my re- of law, hereafter all franchise fees collected of taking, and lands with appraised value of quest in conference. from Statue of Liberty National Monument $50,000 or less. The CHAIRMAN. Is there objection concessioners shall be covered into a special AMENDMENT NO. 7 OFFERED BY MR. MICA to the request of the gentleman from account established in the Treasury of the Mr. MICA. Mr. Chairman, I offer an Florida? United States and shall be immediately amendment. There was no objection. available for expenditure by the Secretary The CHAIRMAN. The Clerk will des- SEQUENTIAL VOTES POSTPONED IN THE for the purposes of stabilizing, rehabilitating ignate the amendment. COMMITTEE OF THE WHOLE and adaptively reusing deteriorated portions of Ellis Island grounds and buildings: Pro- The text of the amendment is as fol- The CHAIRMAN. Pursuant to House vided further, That, beginning in fiscal year lows: Resolution 243, proceedings will now 2001, expenditure of such fees is contingent Amendment No. 7 offered by Mr. MICA: resume on those amendments on which upon a dollar-for-dollar, non-Federal cost Page 19, line 20, before the dollar amount, further proceedings were postponed in share: Provided further, That the National inert ‘‘$9,000,000 is for grants to the State of the following order: Amendment No. 6 Park Service will make available 37 percent, Florida for acquisition of land along the St. offered by the gentleman from Massa- not to exceed $1,850,000, of the total cost of Johns River in Central Florida, and of chusetts (Mr. MCGOVERN); amendment upgrading the Mariposa County, CA munic- which’’. ipal solid waste disposal system: Provided Page 19, line 20, after the dollar amount, No. 13 offered by the gentleman from further, That Mariposa County will provide insert ‘‘(reduced by $9,000,000)’’. Vermont (Mr. SANDERS); and an amend- assurance that future use fees paid by the Mr. REGULA. Mr. Chairman, on that ment offered by the gentleman from National Park Service will be reflective of I reserve a point of order. Oklahoma (Mr. COBURN). the capital contribution made by the Na- The Chair will reduce to 5 minutes tional Park Service. The CHAIRMAN. The point of order is reserved. the time for any electronic vote after LAND AND WATER CONSERVATION FUND Mr. MICA. Mr. Chairman, I will try the first vote in this series. (RESCISSION) to be brief. AMENDMENT NO. 6 OFFERED BY MR. MCGOVERN The contract authority provided for fiscal The CHAIRMAN. The pending busi- year 2000 by 16 U.S.C. 460l–10a is rescinded. First of all, I want to thank the chairman of the committee, the rank- ness is the demand for a recorded vote LAND ACQUISITION AND STATE ASSISTANCE ing member, and others, staff that have on amendment No. 6 offered by the gen- For expenses necessary to carry out the tleman from Massachusetts (Mr. Land and Water Conservation Fund Act of been so courteous to me in the past in MCGOVERN) on which further pro- 1965, as amended (16 U.S.C. 460l–4 through 11), trying to meet some of the concerns re- including administrative expenses, and for lating to protection of lands, endan- ceedings were postponed and on which acquisition of lands or waters, or interest gered lands in Florida and other the noes prevailed by voice vote. therein, in accordance with statutory au- projects. The Clerk will redesignate the thority applicable to the National Park Mr. Chairman, I rise with this amendment. Service, $102,000,000, to be derived from the amendment not to ask for any more The Clerk redesignated the amend- Land and Water Conservation Fund, to re- money, we have $114 million for Ever- ment. main available until expended, of which RECORDED VOTE $500,000 is to administer the State assistance glades restoration, but asking for con- program, and of which $42,400,000 for Federal sideration as we move forward in this The CHAIRMAN. A recorded vote has land acquisition for the Everglades National process to take a small amount, ap- been demanded. Park, Big Cypress National Preserve, Bis- proximately $9 million, about 8 percent A recorded vote was ordered. cayne National Park, and State grants for of this total, for use in preservation of The vote was taken by electronic de- land acquisition in the State of Florida are the land along the St. John’s River. vice, and there were—ayes 213, noes 202, contingent upon the following: (1) a signed, We cannot just put all of our dollars not voting 19, as follows: binding agreement between all principal and all of our money into restoration Federal and non-Federal partners involved in [Roll No. 281] the South Florida Restoration Initiative projects in Florida. It is critical that AYES—213 which provides specific volume, timing, loca- we do not repeat the mistakes of the Abercrombie Cook Gilchrest tion and duration of flow specifications and past. I was raised in south Florida, and Ackerman Crowley Gilman water quality measurements which will now we are spending somewhere, in the Andrews Cummings Gonzalez guarantee adequate and appropriate guaran- Chairman’s estimate, and the Corps of Baird Danner Goode teed water supply to the natural areas in Baldacci Davis (FL) Gordon Engineers brought first on July 4 a pro- Barrett (WI) Davis (IL) Goss southern Florida including all National posal to spend somewhere between $7.8 Bass DeFazio Greenwood Parks, Preserves, Wildlife Refuge lands, and and the chairman has estimated this Becerra DeGette Gutierrez other natural areas to ensure a restored eco- Bentsen Delahunt Hall (OH) system; (2) the submission of detailed legis- may cost us $10 billion, between $8 and Bereuter DeLauro Hansen lative language to the House and Senate $10 billion to restore the Everglades. Berkley Deutsch Hayworth Committees on Appropriations, which ac- What I am asking for here is consid- Berman Dicks Hilleary complishes this goal; and (3) submission of a eration not to make the same mistake Biggert Dingell Hinchey Bilbray Dixon Hinojosa complete prioritized non-Federal land acqui- in central and north Florida, that we Bishop Doggett Hoeffel sition project list: Provided, That from the must preserve that land along John’s Blagojevich Ehlers Holt funds made available for land acquisition at River. Blumenauer Ehrlich Hooley Everglades National Park and Big Cypress We have been successful today in ac- Boehlert Engel Houghton National Preserve, after the requirements Bonior Eshoo Hoyer under this heading have been met, the Sec- quiring 16,000 of 18,000 acres, which will Brown (FL) Etheridge Hulshof retary may provide Federal assistance to the connect the Ocala National Forest with Brown (OH) Evans Inslee the State Park just north of Orlando. Campbell Farr Jackson (IL) State of Florida for the acquisition of lands Capps Filner Jackson-Lee or waters, or interests therein, within the That area is being inundated by growth Capuano Foley (TX) Everglades watershed (consisting of lands that we saw years and years ago in Cardin Forbes Jenkins and waters within the boundaries of the south Florida, and we cannot make the Carson Ford Johnson, E. B. South Florida Water Management District, Castle Fossella Jones (OH) same mistake now. Clay Fowler Kaptur Florida Bay and the Florida Keys) under My plea this evening, Mr. Chairman, terms and conditions deemed necessary by Clayton Frank (MA) Kelly Clement Franks (NJ) Kennedy the Secretary, to improve and restore the is that we take a few dollars and wisely set them aside for preservation of that Clyburn Frelinghuysen Kildee hydrological function of the Everglades wa- Collins Gallegly Kilpatrick tershed: Provided further, That funds pro- precious St. John’s River area that Condit Gejdenson Kind (WI) vided under this heading to the State of needs to be preserved, so we will not be Conyers Gephardt King (NY) H5432 CONGRESSIONAL RECORD — HOUSE July 13, 1999 Kleczka Moran (KS) Shays Stump Traficant Whitfield Cook Johnson (CT) Portman Kucinich Morella Sherman Tancredo Vitter Wicker Cox Johnson, Sam Price (NC) Kuykendall Nadler Shows Taylor (NC) Walden Wilson Crane Jones (NC) Quinn LaFalce Napolitano Skelton Terry Wamp Wise Crowley Jones (OH) Radanovich Lampson Neal Slaughter Thomas Watkins Wolf Cubin Kaptur Rahall Lantos Nethercutt Smith (NJ) Thornberry Watts (OK) Young (AK) Cummings Kelly Ramstad Larson Obey Smith (WA) Thune Weldon (FL) Young (FL) Cunningham Kennedy Rangel Lazio Olver Snyder Tiahrt Weldon (PA) Danner Kildee Reynolds Leach Owens Spence Toomey Weller Davis (FL) Kilpatrick Roemer Lee Pallone Spratt Davis (IL) Kind (WI) Rogers Levin Pascrell Stabenow NOT VOTING—19 Deal King (NY) Rohrabacher Lewis (GA) Pastor Stark Allen Hastings (FL) Sununu DeFazio Kleczka Rothman LoBiondo Payne Stupak Baldwin Kasich Sweeney DeGette Kolbe Roukema Lofgren Pease Talent Brown (CA) McDermott Tauzin Delahunt LaFalce Roybal-Allard Lowey Pelosi Tanner Chenoweth Meek (FL) Thompson (CA) DeLauro LaTourette Royce Luther Porter Tauscher Combest Rivers Thurman DeLay Levin Rush Maloney (NY) Price (NC) Taylor (MS) Cox Scarborough DeMint Lewis (GA) Ryan (WI) Markey Quinn Thompson (MS) Davis (VA) Simpson Deutsch Lewis (KY) Salmon Matsui Rahall Tierney Dicks Linder Sanders McCarthy (MO) Ramstad Towns Dingell Lipinski Sanford McCarthy (NY) Rangel Turner b 1913 Dixon LoBiondo Sawyer McGovern Reyes Udall (CO) Dooley Lucas (KY) Saxton McHugh Reynolds Udall (NM) Messrs. BURTON of Indiana, Doolittle Luther Schaffer McInnis Rodriguez Upton STRICKLAND, GRAHAM, LINDER, Dreier Manzullo Sensenbrenner McIntyre Roemer Velazquez HILLIARD, LUCAS of Kentucky, Duncan Markey Serrano McKinney Rogan Vento BERRY, HALL of Texas and Dunn Martinez Sessions McNulty Rothman Visclosky Ehrlich Matsui Shadegg Meehan Roukema Walsh CUNNINGHAM changed their vote Emerson McCarthy (MO) Shays Meeks (NY) Roybal-Allard Waters from ‘‘aye’’ to ‘‘no.’’ Engel McCarthy (NY) Sherman Menendez Rush Watt (NC) Messrs. SAXTON, MCINNIS, COOK, Etheridge McCollum Shows Metcalf Sabo Waxman Evans McGovern Skeen Millender- Sanchez Weiner EHRLICH, HULSHOF and HILLEARY Everett McHugh Skelton McDonald Sanders Wexler changed their vote from ‘‘no’’ to ‘‘aye.’’ Farr McInnis Smith (MI) Miller, George Sanford Weygand So the amendment was agreed to. Filner McIntosh Smith (NJ) Minge Sawyer Woolsey The result of the vote was announced Fletcher McIntyre Smith (WA) Mink Saxton Wu Foley McKeon Snyder Moakley Schakowsky Wynn as above recorded. Ford McKinney Spratt Moore Serrano Stated against: Fossella McNulty Stabenow Mr. SIMPSON. Mr. Chairman, on rollcall No. Franks (NJ) Meehan Stearns NOES—202 Frelinghuysen Menendez Strickland 281, the McGovern amendment, I was inad- Frost Metcalf Stump Aderholt Everett McCrery vertently detained. Had I been present, I Gibbons Millender- Stupak Archer Ewing McIntosh would have voted ``no.'' Gilchrest McDonald Tancredo Armey Fattah McKeon Goode Miller (FL) Tanner Bachus Fletcher Mica ANNOUNCEMENT BY THE CHAIRMAN Goodlatte Minge Taylor (NC) Baker Frost Miller (FL) The CHAIRMAN. Pursuant to House Goodling Mink Terry Ballenger Ganske Miller, Gary Resolution 243, the Chair announces Goss Moore Thompson (CA) Barcia Gekas Mollohan Graham Morella Thompson (MS) Barr Gibbons Moran (VA) that he will reduce to a minimum of 5 Gutierrez Myrick Thune Barrett (NE) Gillmor Murtha minutes the period within which a vote Gutknecht Nadler Toomey Bartlett Goodlatte Myrick by electronic device will be taken on Hansen Napolitano Towns Barton Goodling Ney Hayes Neal Turner Bateman Graham Northup each amendment on which the Chair Hayworth Nethercutt Udall (CO) Berry Granger Norwood has postponed further proceedings. Hefley Norwood Udall (NM) Bilirakis Green (TX) Nussle AMENDMENT NO. 13 OFFERED BY MR. SANDERS Herger Oberstar Velazquez Bliley Green (WI) Oberstar Hill (MT) Obey Vento Blunt Gutknecht Ortiz The CHAIRMAN. The pending busi- Hilleary Olver Visclosky Boehner Hall (TX) Ose ness is a demand for a recorded vote on Hoekstra Owens Walden Bonilla Hastings (WA) Oxley the amendment offered by the gen- Holt Pallone Waters Bono Hayes Packard Hooley Pascrell Watt (NC) Borski Hefley Paul tleman from Vermont (Mr. SANDERS), Hostettler Pastor Waxman Boswell Herger Peterson (MN) on which further proceedings were Houghton Paul Weldon (FL) Boucher Hill (IN) Peterson (PA) postponed and on which the noes pre- Hulshof Payne Wexler Boyd Hill (MT) Petri vailed by voice vote. Hutchinson Peterson (MN) Weygand Brady (PA) Hilliard Phelps Inslee Petri Woolsey Brady (TX) Hobson Pickering The Clerk will redesignate the Isakson Pickering Wu Bryant Hoekstra Pickett amendment. Jackson (IL) Pitts Wynn Burr Holden Pitts Jenkins Pombo Young (AK) Burton Horn Pombo The Clerk redesignated the amend- Buyer Hostettler Pomeroy ment. NOES—169 Callahan Hunter Portman RECORDED VOTE Aderholt Costello Hall (OH) Calvert Hutchinson Pryce (OH) Bachus Coyne Hall (TX) Camp The CHAIRMAN. A recorded vote has Hyde Radanovich Baker Cramer Hastings (WA) Canady Isakson Regula been demanded. Barrett (NE) Diaz-Balart Hill (IN) Cannon Istook Riley A recorded vote was ordered. Bartlett Dickey Hilliard Chabot Jefferson Rogers Barton Doggett Hinchey Chambliss The CHAIRMAN. This will be a 5- John Rohrabacher Bateman Doyle Hinojosa Coble minute vote. Johnson (CT) Ros-Lehtinen Bentsen Edwards Hobson Coburn Johnson, Sam Royce The vote was taken by electronic de- Biggert Ehlers Hoeffel Cooksey Jones (NC) Ryan (WI) vice, and there were—ayes 248, noes 169, Bilirakis English Holden Costello Kanjorski Ryun (KS) Blagojevich Eshoo Horn Coyne not voting 17, as follows: Kingston Salmon Bliley Ewing Hoyer Cramer Klink Sandlin [Roll No. 282] Blunt Fattah Hunter Crane Knollenberg Schaffer Boehner Forbes Hyde Cubin AYES—248 Kolbe Scott Bonilla Fowler Istook Cunningham Abercrombie Berman Capps LaHood Sensenbrenner Bono Frank (MA) Jackson-Lee Deal Ackerman Berry Capuano Largent Sessions Borski Gallegly (TX) DeLay Andrews Bilbray Carson Latham Shadegg Boswell Ganske Jefferson DeMint Archer Bishop Castle LaTourette Shaw Boucher Gejdenson John Diaz-Balart Armey Blumenauer Chabot Lewis (CA) Sherwood Brady (PA) Gekas Johnson, E. B. Dickey Baird Boehlert Chambliss Lewis (KY) Shimkus Brady (TX) Gephardt Kanjorski Dooley Baldacci Bonior Chenoweth Linder Shuster Burr Gillmor Kingston Doolittle Ballenger Boyd Clay Lipinski Sisisky Burton Gilman Klink Doyle Barcia Brown (FL) Clayton Lucas (KY) Skeen Callahan Gonzalez Knollenberg Dreier Barr Brown (OH) Clyburn Lucas (OK) Smith (MI) Calvert Gordon Kucinich Duncan Barrett (WI) Bryant Coble Maloney (CT) Smith (TX) Camp Granger LaHood Dunn Bass Buyer Coburn Manzullo Souder Cardin Green (TX) Lampson Edwards Becerra Campbell Collins Martinez Stearns Clement Green (WI) Lantos Emerson Bereuter Canady Condit Mascara Stenholm Cooksey Greenwood Largent English McCollum Strickland Berkley Cannon Conyers July 13, 1999 CONGRESSIONAL RECORD — HOUSE H5433 Larson Packard Souder Goode Lazio Salmon Quinn Shimkus Velazquez Latham Pease Spence Goodlatte Linder Sanford Rahall Shows Vento Lazio Pelosi Stark Goodling Luther Schaffer Rangel Shuster Visclosky Leach Peterson (PA) Stenholm Graham Manzullo Sensenbrenner Regula Simpson Vitter Lee Phelps Talent Gutknecht Mascara Sessions Reyes Skeen Walden Lewis (CA) Pickett Tauscher Hall (TX) McHugh Shadegg Reynolds Slaughter Walsh Lofgren Pomeroy Taylor (MS) Hansen McIntosh Sisisky Rodriguez Smith (NJ) Wamp Lowey Porter Thomas Hastings (WA) Metcalf Skelton Roemer Smith (TX) Waters Lucas (OK) Pryce (OH) Thornberry Hayes Mica Smith (MI) Rogers Smith (WA) Watkins Maloney (CT) Regula Tiahrt Hayworth Miller, Gary Souder Ros-Lehtinen Snyder Watt (NC) Maloney (NY) Reyes Tierney Hefley Moran (KS) Stearns Rothman Spence Watts (OK) Mascara Riley Traficant Herger Myrick Stenholm Roukema Spratt Waxman McCrery Rodriguez Upton Hill (MT) Norwood Stump Roybal-Allard Stabenow Weiner Meeks (NY) Rogan Vitter Hilleary Paul Talent Rush Stark Weldon (PA) Mica Ros-Lehtinen Walsh Hoekstra Petri Tancredo Sabo Strickland Wexler Miller, Gary Ryun (KS) Wamp Hostettler Pickering Taylor (NC) Sanchez Stupak Weygand Miller, George Sabo Watkins Hulshof Pitts Terry Sanders Tanner Whitfield Moakley Sanchez Watts (OK) Hunter Pombo Thornberry Sandlin Tauscher Wicker Mollohan Sandlin Weiner Hutchinson Portman Thune Sawyer Taylor (MS) Wilson Moran (KS) Schakowsky Weldon (PA) Isakson Radanovich Tiahrt Saxton Thomas Wise Moran (VA) Scott Weller Istook Ramstad Toomey Schakowsky Thompson (CA) Wolf Murtha Shaw Whitfield Jenkins Riley Turner Scott Thompson (MS) Woolsey Ney Sherwood Wicker Johnson, Sam Rogan Upton Serrano Tierney Wu Northup Shimkus Wilson Jones (NC) Rohrabacher Weldon (FL) Shaw Towns Wynn Nussle Shuster Wise Klink Royce Weller Shays Traficant Young (FL) Ortiz Sisisky Wolf LaHood Ryan (WI) Young (AK) Sherman Udall (CO) Ose Slaughter Young (FL) Largent Ryun (KS) Sherwood Udall (NM) Oxley Smith (TX) NOT VOTING—16 NOT VOTING—17 NOES—287 Allen Kasich Sununu Abercrombie Evans Lee Allen Kasich Simpson Baldwin Kuykendall Sweeney Ackerman Ewing Levin Baldwin Kuykendall Sununu Brown (CA) McDermott Tauzin Andrews Farr Lewis (CA) Brown (CA) McDermott Sweeney Combest Meek (FL) Thurman Baird Fattah Lewis (GA) Combest Meek (FL) Tauzin Davis (VA) Rivers Barcia Filner Lewis (KY) Davis (VA) Rivers Thurman Hastings (FL) Scarborough Barrett (NE) Hastings (FL) Scarborough Fletcher Lipinski Barrett (WI) Forbes LoBiondo Bateman Ford Lofgren b 1933 b 1924 Becerra Fowler Lowey Bentsen Frank (MA) Lucas (KY) Mr. LATHAM changed his vote from Ms. SANCHEZ changed her vote from Bereuter Frelinghuysen Lucas (OK) ‘‘aye’’ to ‘‘no.’’ Berkley Frost Maloney (CT) ‘‘aye’’ to ‘‘no.’’ So the amendment was agreed to. Berman Gallegly Maloney (NY) So the amendment was rejected. The result of the vote was announced Bilirakis Ganske Markey The result of the vote was announced Bishop Gejdenson Martinez as above recorded. Blagojevich Gephardt Matsui as above recorded. Stated for: Blumenauer Gilchrest McCarthy (MO) Mr. SIMPSON. Mr. Chairman, on rollcall No. Blunt Gillmor McCarthy (NY) f Boehlert Gilman McCollum 282, the Sanders Amendment; I was inadvert- Bonilla Gonzalez McCrery ently detained. Had I been present, I would Bonior Gordon McGovern PERSONAL EXPLANATION have voted ``aye.'' Bono Goss McInnis Borski Granger McIntyre Mr. KUYKENDALL. Mr. Chairman, I was un- AMENDMENT OFFERED BY MR. COBURN Boswell Green (TX) McKeon avoidably detained and missed rollcall vote The CHAIRMAN. The pending busi- Boucher Green (WI) McKinney No. 282, on the Sanders Amendment No. 13. ness is the request for a recorded vote Boyd Greenwood McNulty Had I been here, I would have voted ``aye.'' on the amendment offered by the gen- Brady (PA) Gutierrez Meehan Brown (FL) Hall (OH) Meeks (NY) Mr. Speaker, I was unavoidably detained tleman from Oklahoma (Mr. COBURN) Brown (OH) Hill (IN) Menendez and missed rollcall vote No. 283, on the on which further proceedings were Calvert Hilliard Millender- postponed and on which the noes pre- Camp Hinchey McDonald Coburn Amendment No. 2. Had I been here, Canady Hinojosa Miller (FL) vailed by voice vote. I would have voted ``no.'' Capps Hobson Miller, George Mr. REGULA. Mr. Chairman, I move The Clerk will designate the amend- Capuano Hoeffel Minge ment. Cardin Holden Mink to strike the last word. The Clerk designated the amend- Carson Holt Moakley For the Members’ information, what Castle Hooley Mollohan we plan to do is to rise from the Com- ment. Clay Horn Moore mittee temporarily so that we can file RECORDED VOTE Clayton Houghton Moran (VA) Clement Hoyer Morella Treasury Post Office, and we will then The CHAIRMAN. A recorded vote has Clyburn Hyde Murtha reconvene. been demanded. Condit Inslee Nadler We have about four amendments that A recorded vote was ordered. Cooksey Jackson (IL) Napolitano Costello Jackson-Lee Neal I think will be noncontroversial. We The CHAIRMAN. This will be a 5- Coyne (TX) Nethercutt will try to get those out of the way, minute vote. Cramer Jefferson Ney and that will conclude the business for The vote was taken by electronic de- Crowley John Northup the evening. There will be no more vice, and there were—ayes 131, noes 287, Cummings Johnson (CT) Nussle Danner Johnson, E. B. Oberstar votes today. not voting 16, as follows: Davis (FL) Jones (OH) Obey Mr. Chairman, I move that the Com- [Roll No. 283] Davis (IL) Kanjorski Olver DeFazio Kaptur Ortiz mittee do now rise. AYES—131 DeGette Kelly Ose The motion was agreed to. Aderholt Bryant Cubin Delahunt Kennedy Owens Archer Burr Cunningham DeLauro Kildee Oxley Accordingly, the Committee rose; Armey Burton Deal Deutsch Kilpatrick Packard and the Speaker pro tempore (Mr. Bachus Buyer DeLay Diaz-Balart Kind (WI) Pallone LAHOOD) having assumed the chair, Mr. Baker Callahan DeMint Dicks King (NY) Pascrell LATOURETTE, Chairman of the Com- Baldacci Campbell Dickey Dingell Kingston Pastor Ballenger Cannon Doolittle Dixon Kleczka Payne mittee of the Whole House on the State Barr Chabot Doyle Doggett Knollenberg Pease of the Union, reported that that Com- Bartlett Chambliss Duncan Dooley Kolbe Pelosi mittee, having had under consideration Barton Chenoweth Ehrlich Dreier Kucinich Peterson (MN) Bass Coble Emerson Dunn LaFalce Peterson (PA) the bill (H.R. 2466) making appropria- Berry Coburn Everett Edwards Lampson Phelps tions for the Department of the Inte- Biggert Collins Foley Ehlers Lantos Pickett rior and related agencies for the fiscal Bilbray Conyers Fossella Engel Larson Pomeroy year ending September 30, 2000, and for Bliley Cook Franks (NJ) English Latham Porter Boehner Cox Gekas Eshoo LaTourette Price (NC) other purposes, had come to no resolu- Brady (TX) Crane Gibbons Etheridge Leach Pryce (OH) tion thereon. H5434 CONGRESSIONAL RECORD — HOUSE July 13, 1999 REPORT ON H.R. 2490, TREASURY, After many years of debate and close who were pioneers in this effort to re- POSTAL SERVICE, AND GENERAL votes on this floor, this amendment duce taxpayer subsidies to timber GOVERNMENT APPROPRIATIONS would put the House clearly on record roads. ACT, 2000 to end the controversial practice of Mr. Chairman, I urge the adoption of Mr. KOLBE, from the Committee on using taxpayer subsidies to construct this amendment. Appropriations, submitted a privileged roads for commercial timber sales on Mr. DICKS. Mr. Chairman, I move to report (Rept. No. 106–231) on the bill national forest land. It is a straight- strike the last word and to engage the (H.R. 2490) making appropriations for forward amendment. author of the amendment, the gen- the Treasury Department, the United Mr. Chairman, the taxpayers have tleman from California (Mr. GEORGE States Postal Service, the Executive helped construct over 483,000 miles of MILLER), in a colloquy. Office of the President, and certain authorized roads in our national for- I would like to ask the gentleman Independent Agencies, for the fiscal ests. That is a road system that is from California if he could help me year ending September 30, 2000, and for eight times, eight times longer than clarify his amendment. Is it the gentle- other purposes, which was referred to the interstate highway system, enough man’s intention that his amendment the Union Calendar and ordered to be to circle the globe 15 times. While the apply only to appropriations for direct printed. administration has been happy to re- construction of timber access roads The SPEAKER pro tempore. Under quest and Congress has been happy to and not to any of the necessary plan- clause 1 of rule XXI, all points of order provide funding for new road construc- ning, engineering, management, and against provisions in the bill are re- tion in the past years, we have not support activities conducted by the served. been very adept at providing funds for agency? maintaining existing roads. Mr. GEORGE MILLER of California. f As a result, the Forest Service esti- Mr. Chairman, will the gentleman DEPARTMENT OF THE INTERIOR mates that there is a backlog of $8.4 yield? AND RELATED AGENCIES APPRO- million in capital improvements need- Mr. DICKS. I yield to the gentleman PRIATIONS ACT, 2000 ed on forest roads for heavily used pas- from California. The SPEAKER pro tempore. Pursu- senger vehicles. Less than 20 percent of Mr. GEORGE MILLER of California. ant to House Resolution 243 and rule the roads are being maintained to the Mr. Chairman, I would say to the gen- XVIII, the Chair declares the House in safety and design standards. tleman that he is correct. the Committee of the Whole House on Under Secretary Jim Lyons and For- Mr. DICKS. Mr. Chairman, reclaim- the State of the Union for the further est Service Chief Mike Dombeck have ing my time, if the amendment is writ- consideration of the bill, H.R. 2466. testified repeatedly before Congress ten to specifically target only appro- that it is fiscally and environmentally priations for direct construction of b 1936 irresponsible to keep building new timber access roads, I am pleased to IN THE COMMITTEE OF THE WHOLE roads when they do not have the budg- support it. What I believe the gen- Accordingly, the House resolved et to address the annual maintenance tleman is trying to accomplish is codi- itself into the Committee of the Whole needs or begin to address the backlog fication of the language already con- House on the State of the Union for the of maintenance on the existing road tained in the interior appropriations further consideration of the bill (H.R. system. While I appreciate the com- report on this matter. 2466) making appropriations for the De- mittee has provided a $19 million in- For clarification, this amendment partment of the Interior and related crease in road maintenance, that is addresses the issue of appropriations agencies for the fiscal year ending Sep- still much less than the $500 million for direct construction of timber access tember 30, 2000, and for other purposes, annually needed that the agency esti- roads and does not affect the other nec- with Mr. LATOURETTE in the chair. mates is necessary to catch up with the essary planning, engineering, manage- The Clerk read the title of the bill. backlog of needs. ment, and support activities of the The CHAIRMAN. When the Com- Recognizing that they have a major Federal land management agencies. It mittee of the Whole rose earlier today, problem on their hands, the Forest will also not reduce or prohibit any the amendment offered by the gen- Service is in the midst of an 18-month funding which enables the agency to tleman from Oklahoma (Mr. COBURN) moratorium on new road construction comply with necessary environmental had been disposed of. The bill has been in roadless areas in most national for- regulations such as the Endangered read through line 6 of page 21. ests. The purpose of this time-out is to Species Act, the Clean Water Act, and develop a long-term road policy and AMENDMENT OFFERED BY MR. GEORGE MILLER the National Environmental Policy OF CALIFORNIA identify nonessential roads and those Act. Mr. GEORGE MILLER of California. roads that should be reconstructed and Mr. GEORGE MILLER of California. Mr. Chairman, I offer an amendment maintained for safe and environ- Mr. Chairman, if the gentleman will and I ask unanimous consent that it be mentally sound practices. continue to yield, I would say the gen- considered at this time. In my view, the remaining roadless tleman is correct. The CHAIRMAN. Is there objection areas in our national forests are vital Mr. DICKS. Mr. Chairman, I would to the request of the gentleman from reserves and must be maintained for like to submit for the RECORD informa- California? clean water, fish and wildlife habitat, tion regarding the Urban Park and There was no objection. low-impact recreation, and wilderness Recreation Fund. The Clerk read as follows: values. I have joined with the gen- The following is according to the fiscal year tleman from New York (Mr. HINCHEY), Amendment offered by Mr. GEORGE MILLER 2000 budget justification submitted by the Na- of California: the gentleman from Washington (Mr. tional Park Service in support of the Urban Insert before the short title the following INSLEE), and the gentleman from Cali- Park and Recreation Recovery Program: new section: fornia (Mr. HORN), along with 162 of our URBAN PARK AND RECREATION FUND ll SEC. . None of the funds appropriated colleagues, in urging the administra- Funding provided in the past has also con- or otherwise made available by this Act may tion to come up with long-term protec- tributed to the development of programs and be used to directly construct timber access tions of these critical roadless areas. projects such as the innovation project es- roads in the National Forest System. In closing, I wish to recognize the tablished in Tacoma, Washington. The goals Mr. GEORGE MILLER of California. chairman, the gentleman from Ohio of this innovative project were to provide at- Mr. Chairman, I am pleased to be (Mr. REGULA), and the ranking mem- risk youth alternatives to gangs and drugs joined by the gentleman from Cali- ber, the gentleman from Washington through participation in outdoor recreation fornia (Mr. HORN) and the gentleman (Mr. DICKS), for their work in the com- activities, and to develop life skills such as self-esteem, leadership, decision-making, and from Washington (Mr. INSLEE) in offer- mittee report to resolve what has been cooperation. The program was designed to ing this amendment. This is intended a contentious issue in past years. I also operate as an extensive partnership involv- to be a friendly amendment, one that is want to acknowledge the gentleman ing professionals from the disciplines of consistent with the committee’s rec- from Illinois (Mr. PORTER) and our parks and recreation, education, city govern- ommendation in its report on page 91. former colleague, Mr. Joe Kennedy, ment, social services and criminal justice. It July 13, 1999 CONGRESSIONAL RECORD — HOUSE H5435 was designed to operate year-around with ex- wanted to say I was remiss in not men- I think that there is significant and panded activity during the summer months tioning his name when I was thanking enough money in this account and it and over extended holiday periods. Youth those who had made this agreement can sustain some type of cut that will participants were involved through various possible so that the chairman and the again be part of the process to help to avenues such as schools, home school asso- ciations, youth service agencies and neigh- ranking member could come to this continue to balance our budget. I ar- borhood community centers. The program agreement. rived at the $5 million figure by taking has provided various activities such as back- As the gentleman knows, he has the roughly 4 percent of the fiscal year 1998 packing in Olympic National Park; white battle scars of many contentious bat- report. Unfortunately, we do not have water rafting on the Thompson River in tles on this floor over forest policy and the 1999 numbers because they have not British Columbia; cross-country skiing in road policy, and I want to thank him yet to be filed. Mount Rainier National Park; winter camp- for his efforts last year, along with the So, as my colleagues can see, the re- ing, inner-tubing and snow shoeing in var- members of the committee that dealt duction of the $5 million comes out of ious winter sports areas; water safety in- with the first step in this process, and struction; fishing, canoeing, boating and the departmental management section swimming, mountain biking on designated for his support for this amendment, of the bill, which is funded actually at State and Federal lands; weekly environ- and again to the chairman and to the $62.9 million. The Department of the mental education and outdoor skills work- ranking member for their efforts in the Interior uses funds from this account shops; leadership training for advanced markups of this legislation before it and others for their travel. Reduction youth participants; and youth hosteling and came to the floor. by the $5 million would fund the de- meeting travelers from around the world. Mr. REGULA. Mr. Chairman, will the partmental management section at The Tacoma program blossomed, leveraged gentleman yield? $57.9 million. other sources of funding and continues today Mr. BOEHLERT. I yield to the gen- as a model partnership program involving We as Members, Mr. Chairman, have tleman from Ohio. sacrificed our MRAs, franking ac- schools, government, criminal justice, social Mr. REGULA. Mr. Chairman, we have service and park and recreation agencies. It counts, and rightfully so. We have even has since expanded to the adjacent commu- no problem with this amendment. It cut the Congressional Research Serv- nity of Enumclaw, Washington. New partner- simply codifies what we had directed ice. I feel that the bureaucracy can sus- ships have been formed with agencies such as be done last year in the bill, and so it tain this reduction. Faith Group Homes and the Pierce County is appropriate to accept this amend- Mr. REGULA. Mr. Chairman, I move Juvenile Courts Probated Youth Program. ment and we support it. to strike the last word. This Tacoma program has received national The CHAIRMAN. The question is on Mr. Chairman, I would advise the recognition and was featured at a February the amendment offered by the gen- 1995 invitational colloquium at Fort Worth, gentleman from Ohio (Mr. NEY) that we tleman from California (Mr. GEORGE Texas, titled ‘‘Recreation for At-Risk Youth: have cut this account $2 million al- Programs that Work,’’ sponsored by the Na- MILLER). ready below the 1999 level and recog- tional Park and Recreation Association. The amendment was agreed to. nize that, in an effort to save money, Mr. BOEHLERT. Mr. Chairman, I rise AMENDMENT NO. 12 OFFERED BY MR. NEY this I think might be a little bit heavy. in support of the amendment. Mr. NEY. Mr. Chairman, I offer We need to assess it, and we could do (Mr. BOEHLERT asked and was given amendment No. 12, and I ask unani- that in the conference procedure. permission to revise and extend his re- mous consent that it be considered at Mr. DICKS. Mr. Chairman, I move to marks.) this time. strike the requisite number of words. Mr. BOEHLERT. Mr. Chairman, this The CHAIRMAN. Is there objection Mr. Chairman, I agree with the chair- amendment is a logical fulfillment of to the request of the gentleman from man. I mean, we have I think been very the agreement reached among Repub- Ohio? tight in terms of these increases. We licans last year to end the purchaser There was no objection. have tried to hold them down. And we road credit. This amendment simply The CHAIRMAN. The Clerk will des- are talking about the management of reiterates that no Federal funds have ignate the amendment. the Department of the Interior, which The text of the amendment is as fol- been appropriated to improve or con- is an agency that we demand a lot of. lows: struct timber access roads. Language The Secretary of the Department of Amendment No. 12 offered by Mr. NEY: with the identical substantive effect is Page 39, line 25, after the dollar amount, the Interior, his office, are under tre- already in the report accompanying insert the following: ‘‘(reduced by mendous pressure on a whole series of the bill. $5,000,000)’’. fronts. Just to clarify, this amendment ap- Mr. NEY. Mr. Chairman, let me just I mentioned to the gentleman from plies only to the use of appropriated start by congratulating the chairman, Oklahoma (Mr. COBURN) earlier, just funds for actual construction of roads. the gentleman from Ohio (Mr. REGULA), the work that is being done today with Funds may still be used for the engi- and the other members of the com- all the very important habitat con- neering design associated with road mittee for a fine bill they have crafted. servation plans that require input from construction and reconstruction The purpose of this amendment will be the Secretary, they have got all the projects as well as for environmental to reduce the total amount for the de- tribal account problems that we have reviews and public involvement. And partmental management in the Depart- been trying to get straightened out; private funds may still be used for road ment of the Interior by $5 million. and I just think that we are within our construction and reconstruction in any As Members of the House, we just re- allocation. We have cut a lot of ac- area where roads may be built, just as cently and have consistently cut our counts here. This is one that I hope the report states. own Members’ representational ac- that we could spare. And I agree with This amendment is narrow, but it is counts. We have cut our franking ac- the chairman that this is something we a great step forward, concluding the counts so we can show the American ought to continue to look at as we go work begun last year. Road costs must people we are willing to make sac- into the conference. be borne by the companies that will rifices to balance the Nation’s budget. So I urge a ‘‘no’’ vote unless the gen- benefit from their use. That is a win I think it is only fair we begin cutting tleman wants to withdraw his amend- for the taxpayers and a win for the en- out some of the bureaucracy in some of ment. vironment. I am pleased this amend- the agencies, and I intend to do amend- Mr. NEY. Mr. Chairman, will the gen- ment has drawn broad bipartisan sup- ments along the appropriations process tleman yield? port. that will help to accomplish this. Mr. DICKS. I yield to the gentleman Mr. GEORGE MILLER of California. from Ohio. b Mr. Chairman, will the gentleman 1945 Mr. NEY. Mr. Chairman, let me just yield? With the help of the Congressional say that I do want to congratulate both Mr. BOEHLERT. I yield to the gen- Research Service, I was able to find gentlemen. I think they have done a tleman from California. that the Department of Interior rough- fine job of this bill and on the ac- Mr. GEORGE MILLER of California. ly has in the account $126 million in ex- counts. And I just wanted to just note, Mr. Chairman, I want to thank the pense, of which travel is a part of it, we have cut in Congress our accounts gentleman for yielding, and I just for fiscal year 1998. and we have squeezed a little bit more. H5436 CONGRESSIONAL RECORD — HOUSE July 13, 1999 So I just think that, in the areas of will be used to pay debts of ASG incurred (3) The agreement may contain such other travel, all the agencies in the Federal prior to April 15, 1999; and provisions as are mutually agreeable, and government can squeeze just a little (3) has provided to the Secretary an initial which are calculated to simplify and expe- bit more out. plan of fiscal and managerial reform as de- dite the payment of existing debt under this scribed in subsection (d) designed to bring section and ensure the greatest level of com- But I want to mention, my col- the ASG’s annual operating expenses into promise and settlement with creditors in leagues have done a fine job on the ex- balance with projected revenues for the order to maximize the retirement of ASG isting accounts. years 2003 and beyond, and identifying the debt. Mr. DICKS. Mr. Chairman, reclaim- manner in which approximately $4,300,000 of (d) FISCAL AND MANAGERIAL REFORM PRO- ing my time, let me just tell the gen- the loan proceeds will be utilized to facili- GRAM.— tleman that some of these things that tate implementation of the plan. (1) The initial plan of fiscal and manage- we are talking about are uncontrol- (c) PROCEDURE AND PRIORITIES FOR DEBT rial reform, designed to bring ASG’s annual lable. And these are pay raises that PAYMENTS.— operating expenses into balance with pro- are, under the law, required. They have (1) In structuring the agreement or memo- jected revenues for the years 2003 and beyond as required under subsection (b)(3), should got Worker Compensation payments, randum of understanding identified in sub- section (b)(2), the ASG and the Secretary identify specific measures which will be im- unemployment compensation pay- shall include provisions, which create prior- plemented by ASG to accomplish such goal, ments, rental payments to the GSA, ities for the payment of creditors in the fol- the anticipated reduction in government op- some of which go up automatically. lowing order— erating expense which will be achieved by So I do not believe that there is any- (A) debts incurred for services, supplies, fa- each measure, and should include a time- thing untoward here or anything that cilities, equipment and materials directly table for attainment of each reform measure is excess. It is just that the cost of ad- connected with the provision of health, safe- identified therein. ministration of these agencies goes up ty and welfare functions for the benefit of (2) The initial plan should also identify some each year. I think that this is a the general population of American Samoa with specificity the manner in which ap- proximately $4,300,000 of the loan proceeds reasonable request and, therefore, (including, but not limited to, health care, fire and police protection, educational pro- will be utilized to assist in meeting the re- again I urge a ‘‘no’’ vote on this grams grades K - 12, and utility services for form plan’s targets within the timetable amendment. facilities belonging to or utilized by ASG and specified through the use of incentives for The CHAIRMAN. The question is on its agencies), wherein the creditor agrees to early retirement, severance pay packages, the amendment offered by the gen- compromise and settle the existing debt for outsourcing services, or any other expendi- tleman from Ohio (Mr. NEY). a payment not exceeding 75 percent of the tures for program elements reasonably cal- The amendment was rejected. amount owed, shall be given the highest pri- culated to result in reduced future operating ority for payment from the loan proceeds expenses for ASG on a long term basis. AMENDMENT OFFERED BY MR. FALEOMAVAEGA under this section; (3) Upon receipt of the initial plan, the Mr. FALEOMAVAEGA. Mr. Chair- (B) debts not exceeding a total amount of Secretary shall consult with the Governor of man, I offer an amendment. $200,000 owed to a single provider and in- American Samoa, and shall make any rec- The Clerk read as follows: curred for any legitimate governmental pur- ommendations deemed reasonable and pru- Amendment offered by Mr. FALEOMAVAEGA: pose for the benefit of the general population dent to ensure the goals of reform are At the end of title I, page 56, after line 2, of American Samoa, wherein the creditor achieved. The reform plan shall contain ob- insert the following new section: agrees to compromise and settle the existing jective criteria that can be documented by a SEC. ll. (a) LOAN TO BE GRANTED.—Not- debt for a payment not exceeding 70 percent competent third party, mutually agreeable withstanding any other provision of law or of of the amount owed, shall be given the sec- to the Governor and the Secretary. The plan this Act, the Secretary of the Interior (here- ond highest priority for payment from the shall include specific targets for reducing inafter the ‘‘Secretary’’), in consultation loan proceeds under this section; the amounts of ASG local revenues expended with the Secretary of the Treasury, shall (C) debts exceeding a total amount of on government payroll and overhead (includ- make available to the government of Amer- $200,000 owed to a single provider and in- ing contracts for consulting services), and ican Samoa (hereinafter ‘‘ASG’’), the bene- curred for any legitimate governmental pur- may include provisions which allow modest fits of a loan in the amount of $18,600,000 pose for the benefit of the general population increases in support of the LBJ Hospital Au- bearing interest at a rate equal to the United of American Samoa, wherein the creditor thority reasonably calculated to assist the States Treasury cost of borrowing for obliga- agrees to compromise and settle the existing Authority implement reforms which will tions of similar duration. Repayment of the debt for a payment not exceeding 65 percent lead to an independent audit indicating an- loan shall be secured and accomplished pur- of the amount owed, shall be given the third nual expenditures at or below annual Au- suant to this section with funds, as they be- highest priority for payment from the loan thority receipts. come due and payable to ASG from the Es- proceeds under this section; (4) The Secretary shall enter into an agree- crow Account established under the terms (D) other debts regardless of total amount ment with the Governor similar to that spec- and conditions of the Tobacco Master Settle- owed or purpose for which incurred, wherein ified in subsection (c)(2) of this section, ena- ment Agreement (and the subsequent Enforc- the creditor agrees to compromise and settle bling ASG to make payments as con- ing Consent Decree) (hereinafter collectively the existing debt for a payment not exceed- templated in the reform plan and then to re- referred to as ‘‘the Agreement’’) entered into ing 60 percent of the amount owed, shall be ceive reimbursement from the Secretary out by the parties November 23, 1998, and judg- given the fourth highest priority for pay- of the portion of loan proceeds allocated for ment granted by the High Court of American ment from the loan proceeds under this sec- the implementation of fiscal reforms. Samoa on January 5, 1999 (Civil Action 119– tion; (5) Within 60 days following receipt of the 98, American Samoa Government v. Philip (E) debts described in subparagraphs (A), initial plan, the Secretary shall approve an Morris Tobacco Co., et. al.). (B), (C), and (D) of this paragraph, wherein interim final plan reasonably calculated to (b) CONDITIONS REGARDING LOAN PRO- the creditor declines to compromise and set- make substantial progress toward overall re- CEEDS.—Except as provided under subsection tle the debt for the percentage of the amount form. The Secretary shall provide copies of (e), no proceeds of the loan described in this owed as specified under the applicable sub- the plan, and any subsequent modifications, section shall become available until ASG— paragraph, shall be given the lowest priority to the House Committee on Resources, the (1) has enacted legislation, or has taken for payment from the loan proceeds under House Committee on Appropriations Sub- such other or additional official action as this section. committee on the Department of the Interior the Secretary may deem satisfactory to se- (2) The agreement described in subsection and Related Agencies, the Senate Committee cure and ensure repayment of the loan, irrev- (b)(2) shall also generally provide a frame- on Energy and Natural Resources, and the ocably transferring and assigning for pay- work whereby the Governor of American Senate Committee on Appropriations Sub- ment to the Department of the Interior (or Samoa shall, from time to time, be required committee on the Department of the Interior to the Department of the Treasury, upon to give 10 business days notice to the Sec- and Related Agencies. agreement between the Secretaries of such retary that ASG will make payment in ac- (6) From time to time as deemed nec- Departments) all amounts due and payable cordance with this section to specified credi- essary, the Secretary shall consult further to ASG under the terms and conditions of tors and the amount which will be paid to with the Governor of American Samoa, and the Agreement for a period of 26 years with each of such creditors. Upon issuance of pay- shall approve such mutually agreeable modi- the first payment beginning in 2000, such re- ments in accordance with the notice, the fications to the interim final plan as cir- payment to be further secured by a pledge of Governor shall immediately confirm such cumstances warrant in order to achieve the the full faith and credit of ASG; payments to the Secretary, and the Sec- overall goals of ASG fiscal and managerial (2) has entered into an agreement or retary shall within three business days fol- reforms. memorandum of understanding described in lowing receipt of such confirmation transfer (e) RELEASE OF LOAN PROCEEDS.—From the subsection (c) with the Secretary identifying from the loan proceeds an amount sufficient total proceeds of the loan described in this with specificity the manner in which ap- to reimburse ASG for the payments made to section, the Secretary shall make proximately $14,300,000 of the loan proceeds creditors. available— July 13, 1999 CONGRESSIONAL RECORD — HOUSE H5437 (1) upon compliance by ASG with para- support and certainly the patience of This letter is to inform you and the Mem- graphs (b)(1) and (b)(2) of this section and in the gentleman from Ohio (Mr. REGULA), bers of your subcommittee that, on behalf of accordance with subsection (c), approxi- the chairman of the Subcommittee on the House Committee on Resources, we have mately $14,300,000 in reimbursements as re- Appropriations on the Interior, and not reservations or objections to inclusion of quested from time to time by the Governor the provision as currently drafted into the for payments to creditors; also the gentleman from Washington pending Interior Appropriations measure. (2) upon compliance by ASG with para- (Mr. DICKS), the ranking Democrat, for Properly implemented, we believe this self- graphs (b)(1) and (b)(3) of this section and in their support and assistance in getting help project will greatly benefit both the accordance with subsection (d), approxi- this amendment worked out. people and the government of American mately $4,300,000 in reimbursements as re- Mr. Chairman, my amendment would Samoa in resolving a crucial fiscal dilemma quested from time to time by the Governor authorize a procedure by which the and building a foundation for future progress for payments associated with implementa- American Samoan government can ir- and greater self-sufficiency. We encourage tion of the interim final reform plan; and revocably assign for 26 years the rights adoption of the proposal. (3) notwithstanding paragraphs (1) and (2) to its proceeds under the 46-State to- Sincerely, of this subsection, at any time the Secretary bacco lawsuit settlement; and, in re- DON YOUNG, and the Governor mutually determine that Chairman, House Com- the amount necessary to fund payments turn, American Samoa will receive mittee on Resources. under paragraph (2) will total less than $18.6 million from the United States GEORGE MILLER, $4,300,000 then the Secretary may approve government for a period of 3 years. The Senior Democratic the amount of any unused portion of such United States will receive back about Member, House Com- sum for additional payments against ASG $40 million in principal and interest mittee on Resources. debt under paragraph (1). and an additional amount required by Mr. REGULA. Mr. Chairman, I move (f) EXCEPTION.— Proceeds from the loan CBO to score the provision as budget to strike the last word. under this section shall be used solely for the neutral. purposes of debt payments and reform plan Mr. Chairman, this is an 11-page implementation as specified herein, except Mr. Chairman, the money would be piece of legislation. I think normally it that the Secretary may provide an amount used to reduce the critical existing should be handled by the authorizing equal to not more than 2 percent of the total debt of the local government and to committees. We do not have any objec- loan proceeds for the purpose of retaining implement certain fiscal reforms. For tion to the substance of the amend- the services of an individual or business enti- this arrangement to become effective, ment and are not going to oppose it. ty to provide direct assistance and manage- local government would have to enter But I do think that it ought to be con- ment expertise in carrying out the purposes into an agreement with the Secretary of this section. Such individual or business sidered as part of the authorizing proc- of the Interior for the use of the funds; ess. However, we will not object. entity shall be mutually agreeable to the and each payment would have to be ap- Governor and the Secretary, may not be a Mr. DICKS. Mr. Chairman, will the current or former employee of, or contractor proved in advance by the Secretary of gentleman yield? for, and may not be a creditor of ASG. Not- the Interior. Mr. REGULA. I yield to the gen- withstanding the preceding 2 sentences, the Mr. Chairman, the money for the fi- tleman from Washington. Governor and the Secretary may agree to nancial reform of the American Sa- Mr. DICKS. Mr. Chairman, I want to also retain the services of any semi-autono- moan government would be used to re- compliment the gentleman for his out- mous agency of ASG which has established a duce the size of the territorial work- standing work and his ingenuity. I record of sound management and fiscal re- force. Options could be used such as sponsibility, as evidenced by audited finan- have no objection to the amendment. buyouts, early retirements and would In fact, we enthusiastically support it cial reports for at least 3 of the past 5 years, be included in the agreement instituted to coordinate with and assist any individual on this side. or entity retained under this subsection. between the Secretary of the Interior The CHAIRMAN. The question is on (g) CONSTRUCTION.—The provisions of this and the local government. the amendment offered by the gen- Mr. Chairman, this amendment has section are expressly applicable only to the tleman from American Samoa (Mr. utilization of proceeds from the loan de- the endorsement of both the chairman FALEOMAVAEGA). scribed in this section, and nothing herein of the Committee on Resources, the The amendment was agreed to. shall be construed to relieve ASG from any gentleman from Alaska (Mr. YOUNG), as AMENDMENT OFFERED BY MR. CROWLEY lawful debt or obligation except to the ex- well as the ranking Democrat, the gen- tent a creditor shall voluntarily enter into Mr. CROWLEY. Mr. Chairman, I offer tleman from California (Mr. MILLER), an arms length agreement to compromise an amendment. and settle outstanding amounts under sub- supported this amendment. I urge my colleagues to support it. The Clerk read as follows: section (c). Amendment offered by Mr. CROWLEY: (h) TERMINATION.—The payment of debt Mr. Chairman, I include the following letter for the RECORD: Page 101, line 23, insert after ‘‘individuals’’ and the payments associated with implemen- the following: ‘‘, including urban minori- HOUSE OF REPRESENTATIVES, tation of the interim final reform plan shall ties,’’. be completed not later than October 1, 2003. Washington, DC, July 1, 1999. On such date, any unused loan proceeds to- Hon. NORM DICKS, Mr. CROWLEY. Mr. Chairman, I ask taling $1,000,000 or less shall be transferred Ranking Member, Subcommittee on Interior and unanimous consent that my amend- by the Secretary directly to ASG. If the Related Agencies, House Committee on Ap- ment be considered out of order. amount of unused loan proceeds exceeds propriations, Washington, DC. The CHAIRMAN. Is there objection $1,000,000, then such amount shall be credited DEAR CONGRESSMAN DICKS: We have been to the request of the gentleman from to the total of loan repayments specified in contacted by our Colleague, Mr. Faleomavaega, seeking clearance of the New York? paragraph (b)(1). With approval of the Sec- There was no objection. retary, ASG may designate additional pay- House Committee on Resources for a pro- ments from time to time from funds avail- posal he is seeking to have incorporated into (Mr. CROWLEY asked and was given able from any source, without regard to the the pending FY2000 Interior Appropriations permission to revise and extend his re- original purpose of such funds. legislation. His proposal would have the Sec- marks.) retary of Interior arrange for an ‘‘advance’’ Mr. CROWLEY. Mr. Chairman, I rise Mr. FALEOMAVAEGA (during the to the government of American Samoa reading). Mr. Chairman, I ask unani- today as a strong supporter of the Na- (ASG) in the form of a fully repayable loan, tional Endowment for the Arts and as a mous consent that my amendment be secured by ASG’s future payments from the considered as read and printed in the 46-state tobacco lawsuit settlement. The pur- strong believer in the positive effect RECORD. pose of this advance would be limited to pay- that the arts have on our urban com- The CHAIRMAN. Is there objection ment of existing ASG debt, with a small por- munities. to the request of the gentleman from tion available to fund implementation of The National Endowment for the American Samoa? badly-needed ASG fiscal and managerial re- Arts has continued its laudable mission There was no objection. forms, and would be overseen by the Sec- to bring the arts to segments of the (Mr. FALEOMAVAEGA asked and retary. population that would otherwise have a It is our further understanding that the hard time accessing them. Through was given permission to revise and ex- Congressional Budget Office has determined tend his remarks.) the budget impact score of the proposal to be local theater troop performances and Mr. FALEOMAVAEGA. Mr. Chair- ‘‘neutral’’ since ASG would be required to through shows at small museums, hun- man, it would have been totally impos- fully repay the $18.6 million principal, with dreds of communities have received ex- sible for me if it had not been for the interest, over a period of 26 years. posure to the arts because of the NEA. H5438 CONGRESSIONAL RECORD — HOUSE July 13, 1999 In order to ensure that all Americans perfect that language by emphasizing bill up with controversial anti-environ- have equal access to the arts, the NEA that urban minorities are included mental riders. Unfortunately, the strives to give priority ‘‘to providing within the term ‘‘underserved popu- version of this bill passed by the Com- services or awarding financial assist- lation.’’ mittee on Appropriations in the other ance for projects, productions, work- I urge my colleagues to stand up for House contains numerous riders that shops, or programs that serve under- equal access to the arts and support would never pass on their own and have served populations.’’ the Crowley amendment. absolutely no place in this legislation. Mr. DICKS. Mr. Chairman, I move to The purpose behind my amendment b 2000 is to help the NEA achieve its com- strike the last word. mendable goal of leaving no American Mr. Chairman, I want to commend One of these riders, in particular, untouched by the arts. To that end, I the gentleman for his amendment. I robs the American taxpayer of over $66 am proposing that this bill makes spe- think it is very thoughtful. million per year. This rider would per- cific mention of one traditionally un- I must tell him that I had the pleas- mit big oil companies to continue to derserved population, urban minorities. ure of taking one of the previous NEA underpay the royalties they owe to the I believe Congress should encourage directors, Jane Alexander, to Seattle; Federal Government, States and Indian the NEA to fund programs that im- and we visited a very important pro- tribes—cheating taxpayers of millions prove the availability of the arts to mi- gram there at Garfield High School and millions of dollars. nority populations in our cities. that was serving underserved minori- It would do this by blocking the Inte- Quite often, NEA funding has been ties within the city of Seattle. Also, we rior Department from implementing a directed to groups which serve an had a very successful program in Ta- new rule which would require big oil upper middle class audience. Many coma with Dale Chihuly, who is one of companies to pay royalties to the gov- times these groups are inaccessible to the great glass artists of our time. He ernment based on the market value of many minority groups. set up a program on the Hill Top in Ta- the oil they produce. Currently, the oil Mr. Chairman, in my own Congres- coma, which is one of our urban areas companies are keeping two sets of sional District of Queens, there is a in the city of Tacoma, and got these books, one which they pay themselves, large Latino population that the literally dozens of young children market value, and one which they pay Queens Theatre in the Park targets learning how to make glass pottery the taxpayers, the Federal Govern- each summer with its Latin Arts Fes- and other things; and it had a remark- ment, which is greatly undervalued to tival, a multi-cultural ethnic celebra- able effect on their lives. the true value of the oil. tion. This festival, though certainly I think the gentleman brings a very Earlier this year, I released a report successful in its own right, would serious point here, and I certainly am demonstrating how these companies greatly benefit from additional Federal willing to accept his amendment and have cheated the American taxpayer of funding. urge the House to accept it. literally billions of dollars in the past The Queens Theater in the Park has Mr. CROWLEY. Mr. Chairman, will several decades. They do this by com- consistently applied for Federal sup- the gentleman yield? plex trading devices which mask the port from the NEA but has been denied Mr. DICKS. I yield to the gentleman real value of the oil they produce. By funding despite the fact that they tar- from New York. undervaluing their own oil, these com- get an underserved community. For Mr. CROWLEY. Mr. Chairman, I panies can avoid paying the full roy- many families in my district, the aver- want to thank the gentleman from alty payments they owe. age $75 cost to a Broadway play is far Washington (Mr. DICKS) and the gen- The Justice Department investigated too expensive. Queens Theater in the tleman from Ohio (Mr. REGULA) and these practices and decided they were Park and other local community arts the gentleman from Wisconsin (Mr. so wrong that it filed suit against sev- groups are the only exposure many of OBEY) for their support in bringing this eral major oil companies for violating my residents have to the arts. amendment to the floor today. the False Claims Act. As a result, one That is but one example of the dif- Mr. REGULA. Mr. Chairman, will the company settled with the government ficulty facing minority populations in gentleman yield? and paid over $45 million. Numerous accessing the arts in Queens, New Mr. DICKS. I yield to the gentleman other companies have settled similar York, and the Bronx and around this from Ohio. claims brought by States and private country. Projects targeted at urban Mr. REGULA. Mr. Chairman, I think royalty owners for millions, and, in one youth would greatly help keep them off it is a good amendment. We made a case, billions of dollars. the streets and away from crime and real effort in the arts to broaden the Mr. Chairman, the rule that the Inte- drugs. base, and this is just one more step in rior Department is proposing is simple. In the President’s own NEA budget, making that happen. It requires that oil companies pay roy- he outlined a key initiative to use the I think when Mr. Yates was here we alties based on the fair market value of arts as a way to help at-risk youths. had some groups come in from situa- the oil they produce, just like every- Mr. Chairman, in New York and in tions that the gentleman described and body else when they sell their product communities throughout our American performed, and it made us realize how to the Federal Government. But these cities there are tens of thousands of at- important access to the arts were in oil companies that have been cheating risk youths who will benefit from expo- their lives. the American taxpayer for years are sure to the arts. This amendment Mr. DICKS. Mr. Chairman, I urge a now trying to block the Interior De- would help send a message to our urban positive vote. partment from implementing a rule youth that we are interested in im- Mrs. MALONEY of New York. Mr. using every excuse imaginable. proving their quality of life by helping Chairman, I move to strike the req- Mr. Chairman, this rider robs money to bring the arts to them. uisite number of words. from our schools, our environment, our The arts help break down the bar- Mr. Chairman, I rise in support of the States and our Indian tribes. It does riers caused by economic and cultural Crowley amendment. It is thoughtful. this to benefit the most narrow special diversity that bring communities to- It will benefit arts in urban areas. interest imaginable, big oil companies gether and they offer hope. I also rise in support of the entire with billions of dollars in profits. I ap- I am not suggesting that we take bill. I applaud the leadership of the plaud the Committee on Appropria- funding away from any other program. chairman and the ranking member. I tions for leaving this issue to the ex- I am only suggesting that we give was concerned of how the committee perts at the Interior Department and projects affecting underserved minor- would operate after my dear friend and for not loading it up with other unnec- ity communities, whether they be in colleague, Mr. Yates, left. But I see the essary and wrong antienvironmental our cities or our rural areas, equal ac- gentleman from Washington (Mr. riders. cess to important NEA funding. DICKS) is continuing with the chairman The CHAIRMAN. The question is on Once again, let me state that this in a very firm and strong way. the amendment offered by the gen- amendment will not expand the scope I particularly applaud the committee tleman from New York (Mr. CROWLEY). of the original language. It will merely for wisely rejecting efforts to load this The amendment was agreed to. July 13, 1999 CONGRESSIONAL RECORD — HOUSE H5439 Mr. REGULA. Mr. Chairman, I move uary 6, 1999, and under a previous order mission, the Jammu and Kashmir that the Committee do now rise. of the House, the following Members State Government, and one representa- The motion was agreed to. will be recognized for 5 minutes each. tive from the Pandit community. But, Accordingly, the Committee rose; f Mr. Speaker, the committee has not and the Speaker pro tempore (Mr. yet met. The SPEAKER pro tempore. Under a HAYES) having assumed the chair, Mr. I am asking my colleagues to join me previous order of the House, the gen- LATOURETTE, Chairman of the Com- in signing a letter to the National tleman from Indiana (Mr. BURTON) is mittee of the Whole House on the State Human Rights Commission asking that recognized for 5 minutes. of the Union, reported that that Com- the decisions on genocide and inter- (Mr. BURTON of Indiana addressed mittee, having had under consideration nally displaced persons be reconsidered the House. His remarks will appear the bill (H.R. 2466) making appropria- and that the new committee begin reg- hearafter in the Extensions of Re- tions for the Department of the Inte- ular meetings. I have often cited In- marks.) rior and related agencies for the fiscal dia’s Human Rights Commission as a year ending September 30, 2000, and for f model for other Asian nations and de- other purposes, had come to no resolu- veloping nations the world over to REMEMBERING THE PLIGHT OF emulate. It is an example of India’s tion thereon. THE KASHMIRI PANDITS f commitment to democracy and the The SPEAKER pro tempore. Under a rule of law. I am sure the commission COMMUNICATION FROM THE previous order of the House, the gen- will give serious consideration to these CLERK OF THE HOUSE tleman from New Jersey (Mr. PALLONE) requests by myself and other Members The SPEAKER pro tempore laid be- is recognized for 5 minutes. of Congress. fore the House the following commu- Mr. PALLONE. Mr. Speaker, recent Mr. Speaker, I have been calling nication from the Clerk of the House of events in India’s state of Jammu and along with some of my colleagues in Representatives: Kashmir, where radical Islamic mili- this House for increased world atten- tants have infiltrated into India’s ter- tion to the plight of the Kashmiri OFFICE OF THE CLERK, Pandits. As I have gotten to know the HOUSE OF REPRESENTATIVES, ritory with the support of, and appar- Washington, DC, July 13, 1999. ently active collaboration with, Paki- Kashmiri-American community and Hon. J. DENNIS HASTERT, stan, have drawn international atten- have heard about the situation facing The Speaker, House of Representatives, tion to this mountainous region. Now the Pandits, I have become increas- Washington, DC. that Pakistan has apparently agreed to ingly outraged not only at the terrible DEAR MR. SPEAKER: Pursuant to the per- withdraw its fighters who have crossed abuses that they have suffered but at mission granted in Clause 2(h) of Rule II of onto India’s side of the Line of Control, the seeming indifference of the world the Rules of the U.S. House of Representa- community. Mr. Speaker, India’s gov- tives, I have the honor to transmit a sealed I hope that the attention of the U.S. and the world community will finally ernment must work to provide condi- envelope received from the White House on tions for the safe return of the Pandit July 13, 1999 at 1:00 p.m. and said to contain focus on the long-ignored plight of the a message from the President whereby he Kashmiri Pandits. community to the Kashmir Valley. I also urge that our State Depart- transmits a six-month periodic report on the The Pandits, who are the Hindu com- ment continue to hold Pakistan ac- national emergency concerning weapons of munity of Kashmir, have an ancient countable for provoking the current mass destruction declared by Executive and a proud culture. Their roots in the Order 12938. fighting in Kashmir by its support for Kashmir Valley run deep. The Pandits With best wishes, I am the militants who have infiltrated In- Sincerely, have been amongst the most afflicted dia’s territory. JEFF TRANDAHL. victims of the Pakistani-supported Even before the current fighting, f campaign of terrorism in Jammu and there has been a disturbing pattern of Kashmir. Virtually the entire popu- NATIONAL EMERGENCY CON- massacres of civilians carried out by lation of 300,000 Kashmiri Pandits have the militants operating in Kashmir. CERNING WEAPONS OF MASS DE- been forced to leave their ancestral STRUCTION—MESSAGE FROM While it is predominantly Hindus who homes and property. Threatened with have been the victims of these attacks, THE PRESIDENT OF THE UNITED violence and intimidation, they have STATES (H. DOC. NO. 106–93) we have also seen attacks against Mus- been turned into refugees in their own lim residents of Jammu and Kashmir The SPEAKER pro tempore laid be- country. who have dared to assist the legitimate fore the House the following message Mr. Speaker, in June, the Pandits re- state authorities in putting a halt to from the President of the United ceived somewhat of a mixed message the violence. States; which was read and, together from the National Human Rights Com- Finally, Mr. Speaker, this is the true with the accompanying papers, without mission of India. In a positive step, the face of the insurgency in Kashmir. The objection, referred to the Committee Commission did accept jurisdiction militants have transformed a peaceful, on International Relations and ordered over the issue of human rights in Kash- secular state in India, one which hap- to be printed: mir which was a matter of some ques- pens to have a predominantly Muslim To the Congress of the United States: tion because of the special status that population, into a killing field as part As required by section 204 of the the state of Jammu and Kashmir en- of the goal of turning the state into an International Emergency Economics joys under India’s federal system. But area under strict Islamic rule. From Powers Act (50 U.S.C. 1703(c)) and sec- the Commission also announced that it the standpoint of international sta- tion 401(c) of the National Emergencies would not term the violence against bility, this would be a disaster. From Act (50 U.S.C. 1641(c)), I transmit here- the Pandits as genocide as has been re- the human standpoint, the militants’ with a 6-month report on the national quested by leaders of the Pandit com- campaign has already been a disaster emergency declared by Executive Order munity as well as myself and other as the displaced Kashmiri Pandit com- 12938 of November 14, 1994, in response Members of Congress. The National munity demonstrates. It is wrong to to the threat posed by the proliferation Human Rights Commission also re- continue to ignore their plight. We of nuclear, biological, and chemical jected the request to define the Pandits must address their concerns and hope- weapons (‘‘weapons of mass destruc- as an Internally Displaced People. The fully the Human Rights Commission tion’’) and of the means of delivering Commission did acknowledge that the will do so and reconsider some of the such weapons. Pandits had been victims of killings decisions that it has already made. WILLIAM J. CLINTON. and ethnic cleansings as part of the The SPEAKER pro tempore. Under a THE WHITE HOUSE, July 13, 1999. militants’ campaign to get Kashmir to previous order of the House, the gen- f secede from India. tleman from Florida (Mr. DIAZ- The National Human Rights Commis- BALART) is recognized for 5 minutes. SPECIAL ORDERS sion has recently set up a committee to f The SPEAKER pro tempore. Under address the Pandits’ concerns, which (Mr. DIAZ-BALART addressed the the Speaker’s announced policy of Jan- includes representatives from the Com- House. His remarks will appear H5440 CONGRESSIONAL RECORD — HOUSE July 13, 1999 hearafter in the Extensions of Re- Briana Scurry, Mr. Speaker, is also a tims, including six Jewish men and two marks.) great role model for other young Asian students. f women in sports. She is a great leader The spree of hate and violence began The SPEAKER pro tempore. Under a both on and off the soccer field. Briana on Friday, July 2, just 2 days before we, previous order of the House, the gen- excelled in her political science studies citizens of this Nation of immigrants, tleman from Illinois (Mr. LIPINSKI) is in college at the University of Massa- celebrated Independence Day. It ended recognized for 5 minutes. chusetts and she also gave a great deal on July 5. I congratulate the efforts of (Mr. LIPINSKI addressed the House. back to her community, working as a law enforcement from the local level His remarks will appear hearafter in volunteer for AIDS education and up to the FBI for so quickly identifying the Extensions of Remarks.) awareness and also for the Make A this individual, for its work with the f Wish Foundation. community and for putting an end to Yes, Mr. Speaker, America’s team his rampage. However, many questions The SPEAKER pro tempore. Under a was in good hands in this World Cup. still remain, including the role of white previous order of the House, the gen- There is little to worry about when supremacist hate groups in fostering tleman from Nebraska (Mr. BEREUTER) Briana is in the net. She gave up only this attack. is recognized for 5 minutes. three goals in the entire World Cup In my district, where most of these (Mr. BEREUTER addressed the championships and one of those, by the attacks took place, my community House. His remarks will appear way, was kicked into our net by one of breathed a sigh of relief when the kill- hearafter in the Extensions of Re- our own players. Briana shut out oppo- ing spree came to an end. But we were marks.) nents four times in six games in the left grieving for Ricky Byrdsong and f tournament, four shutouts in the six his family; Woo-Joon Yoon, the Asian The SPEAKER pro tempore. Under a games comprising the World Cup cham- student from Bloomington, Indiana; previous order of the House, the gentle- pionship. and angry for the assault on Jewish woman from Texas (Ms. JACKSON-LEE) b men peacefully observing the Sabbath. is recognized for 5 minutes. 2015 Ricky Byrdsong lived in Skokie, Illi- (Ms. JACKSON-LEE addressed the Briana Scurry’s work ethic, her nois. He was a loving husband, a father, House. Her remarks will appear fierce competitiveness, her engaging a leader in the community, a former hearafter in the Extensions of Re- personality, great dedication and basketball coach at Northwestern Uni- marks.) amazing talent all have had a powerful versity, a man of deep religious faith f impact on the young women of Min- and a constituent. He was murdered in nesota. Hockey may be king in Min- cold blood. His only crime was the SALUTE TO BRIANA SCURRY AND nesota, Mr. Speaker, but soccer is color of his skin. He was African Amer- THE U.S. WOMEN’S WORLD CUP kicking at its heels thanks to Briana ican. Ricky Byrdsong was a proud SOCCER TEAM Scurry. American man who was living the The SPEAKER pro tempore. Under a At Anoka High School, Briana led American dream. He left an unmistak- previous order of the House, the gen- her team to the 1989 State champion- able and everlasting impression on all tleman from Minnesota (Mr. RAMSTAD) ship, was named All-American and was those who had the opportunity to meet is recognized for 5 minutes. voted the top female athlete in Min- him, and he positively touched the Mr. RAMSTAD. Mr. Speaker, I rise nesota her senior year. lives of countless youth during his life- proudly this evening to salute a con- At the University of Massachusetts, time. stituent who is one of our Nation’s Briana was the top college goalkeeper He was committed to a cause. His newest sports heroes, Briana Scurry in 1993 and won two national ‘‘goalie of cause was to help under-privileged from Dayton, Minnesota. I also want to the year’’ awards her senior year. She youth reach their full potential and pay tribute to all the other members of led her team to the NCAA Final Four follow their dreams. He was working on our champion United States Women’s as well as to Atlantic 10 titles. Briana his first book: Coaching Your Kids in World Cup Soccer Team who have had 37 shutouts in her 4 years and a ca- the Game of Life. The book was sched- made all Americans proud. reer goals-against average, listen to uled to be released next year on Fa- In the championship game Saturday, this, soccer fans, career goals-against ther’s Day. At his funeral his pastor Mr. Speaker, in Pasadena, California, average of 0.56. What a tremendous vowed that his book would be com- before more than 90,000 screaming fans, record. pleted. Now his family will have to go two great teams, one from the United So today, Mr. Speaker, we salute on without him, his children will grow States and the team from China, Minnesota’s own Briana Scurry and all up without their father’s guidance, his played to a scoreless tie in regulation her teammates on America’s World Cup friends will no longer hear his infec- time; then, two 15-minute sudden death championship soccer team. They tious laugh, and the community, espe- overtimes, and still a dramatic, nail- proved what teamwork, dedication, cially the children, has lost forever a biting 0–0 tie; a shootout and finally a hard work and heart can accomplish. leader. world championship for our women’s Mr. Speaker, congratulations to our I will never forget the look on the team, thanks to a diving save by our new World Cup champions. They are faces of the hundreds of people who at- great world-class goalie, Briana Scur- role models for all of us, and all Ameri- tended his funeral last Wednesday. It ry. cans are proud of them. was a look of disbelief, pain and yet in- Mr. Speaker, it was Briana Scurry, f spiration because Ricky Byrdsong was the Dayton, Minnesota, native who truly inspiring. I never wish to attend soared to deflect China’s third penalty CONDEMNING THE CULTURE OF another funeral of a victim of such ha- shot setting up the final victory. All of HATE THAT FOSTERS VIOLENCE tred. Ricky Byrdsong has made our Minnesota celebrated with our Nation’s The SPEAKER pro tempore. Under a mission clearer than ever. The culture sports fans as Briana ran to the stands previous order of the House, the gentle- of hate has no place among us. We following the game, slapping hands woman from Illinois (Ms. SCHAKOWSKY) must educate and use the truth to with the fans, the huge crowd as they is recognized for 5 minutes. counter the lies being spread by chanted again and again, ‘‘Scurry! Ms. SCHAKOWSKY. Mr. Speaker, hatemongers, groups and so-called Scurry! Scurry!’’ more than a week ago our Nation and churches in our communities, schools, Mr. Speaker, Briana Scurry has been my community in particular witnessed places of worship, neighborhoods and the number one United States goalie in horror the cruel and vicious con- especially on the Internet to our for 6 years. They call her ‘‘The Rock,’’ sequences of the doctrine of hate. In a youth. they call her ‘‘The Wall,’’ and she is matter of days in the State of Illinois As a society, we must not be intimi- both, as she showed the world Saturday and Indiana a mad murderer full of dated by the few who refuse to live night. Today, we call Briana and her rage and contempt for his fellow men peacefully among us. We must stand marvellous teammates World Cup soc- took the lives of two innocent men and firm and never ever be afraid. That is cer champions. attempted to murder many more vic- why I was so proud to join the Jewish July 13, 1999 CONGRESSIONAL RECORD — HOUSE H5441

Family and Community Services, Jew- tleman from Maryland (Mr. CUMMINGS) COSTS THAT ILLEGAL NARCOTICS ish Children’s Bureau and the Anti Def- is recognized for 5 minutes. IMPOSE ON OUR SOCIETY amation League, the rabbis and other (Mr. CUMMINGS addressed the The SPEAKER pro tempore. Under leaders of the Jewish community in House. His remarks will appear here- the Speaker’s announced policy of Jan- Chicago, particularly Mr. Michael after in the Extensions of Remarks.) uary 6, 1999, the gentleman from Flor- Kotzin of the Jewish United Fund and f ida (Mr. MICA) is recognized for 60 min- the Jewish Federation of Metropolitan utes as the designee of the majority Chicago who showed such leadership, GOVERNMENT PRINTING OFFICE HAILED AS LEADER IN ELEC- leader. to join with them on the day after six Mr. MICA. Mr. Speaker, I come to Jewish men were shot to say that an TRONIC INFORMATION TECH- NOLOGY the floor again tonight to discuss the attack on even one is an attack on all issue of illegal narcotics and the tre- of us. The SPEAKER pro tempore. Under a mendous cost to our Nation. Over and I wish to recognize the Jewish United previous order of the House, the gen- over again it is important that I think Fund for opening a special fund to aid tleman from Maryland (Mr. HOYER) is we repeat the message that I have with families affected by bigotry-related vi- recognized for 5 minutes. me here today, and that is a simple olence. The initial goal of the JUF Mr. HOYER. Mr. Speaker, critics often has- one, that drugs destroy lives. And I be- Fund for Hate Crime Victims and Fam- ten to draw attention to government agencies' lieve if every Member of Congress ilies will offer assistance to the family failures, while ignoring successes if they no- takes a few minutes to look at the im- of Ricky Byrdsong for the children’s tice them at all. Today I want to draw the pact of illegal narcotics they will be higher education. House's attention to two prestigious awards absolutely startled as to the damage As the Sabbath came to a close last and other accolades recently received by the Saturday evening, we walked the that it does to our society, the cost to Government Printing Office (GPO) for its lead- countless families across this Nation streets of the Rogers Park neighbor- ing role in electronic information dissemination hood in solidarity. Rogers Park is the and also the tremendous responsibility through GPO Access, its acclaimed Internet kind of community that haters hate cast upon the Congress to finance the information service (www.access.gpo.gov). the most. It is diverse, integrated, social, the judicial and other costs that First, the Vice-President's National Partner- independent, peaceful and all-Amer- illegal narcotics impose upon our soci- ship for Reinventing Government has honored ican. But in a perverse sense of Ameri- ety. the GPO and the Energy Department (DOE) canism during the 4th of July weekend Tonight I want to talk for a few min- jointly with a ``Hammer Award'' for the ``Infor- a crazy person attempted to take that utes about some of those costs and tell away, and he failed. mation Bridge,'' a project which makes avail- the Congress and the American people Our community is stronger than able thousands of unclassified DOE scientific that there are some very specific and ever. We stood together at a time of and technical reports in electronic format. direct costs to illegal narcotics and great anxiety and grave danger. Now is Using the World Wide Web, users enter the what they have done to this Nation and the time for Congress to respond to the DOE electronic dissemination system through to, again, families and young people. In tragedies that took place on the 4th of GPO Access, where they can view over fact, during the past year over 14,000 July weekend and pass sensible gun 30,000 DOE reports already on-line, with more Americans lost their lives as a direct safety legislation. Congress must act becoming available every day. The Information result of the misuse or abuse of illegal now to make it more difficult for indi- Bridge eliminates the need to disseminate narcotics in this Nation. viduals to obtain weapons in order to these reports to depository libraries in printed I come from a beautiful area in cen- convert their hatred into terror and form, thereby saving production and distribu- tral Florida. My district is between Or- death. tion costs to the government, and processing lando and Daytona Beach, a very Guns used by the assailant were and storage costs to the libraries. peaceful, affluent, high employment, bought from an illegal gun dealer. He This is GPO's second ``Hammer Award'' for high income area. Even my area has recently purchased more than 60 guns GPO Access; the first came in 1997 for re- been plagued with countless deaths. In for the sole purpose of selling them for engineering the Commerce Business Daily fact, a recent headline in Orlando Sen- a profit. Unfortunately, two of these with the Commerce Department. In 1998 Vice- tinel newspaper blasted out that in fact guns were sold to a murderer, with President GORE and Government Executive the number of drug-related deaths had complete disregard for the sanctity of magazine named GPO Access one of the 15 now exceeded the number of homicides. life. We have a responsibility to pro- ``Best Feds on the Web.'' Drug overdose deaths now exceed homi- tect the lives of our constituents. Con- In addition, the legal community has re- cides in central Florida. gress must pass and the President must cently lauded GPO Access. Law Office Com- So the statistics are not only bad in sign bills to limit the purchase of hand- puting magazine's April/May issue named my area but across the Nation, with guns to one per month and to require GPO Access one of the top 50 legal-research more than 14,000, and again we do not the registration of every handgun sold web sites for 1999. The magazine's top 50 count in all of those that are in traffic in the United States. Our constituents web sites, which included only seven federal accidents or in suicides or other unre- demand it, and our children deserve it, sites, were chosen as favorites of law librar- ported deaths that may have some and we should also pass stronger hate ians, attorneys and paralegals based on expe- other report of the demise of the indi- crimes legislation so all of us will be rience with the sites and their usability. vidual which is not included in this safe in our communities. Further, the April 1999 issue of Chicago 14,000 figure. f Lawyer magazine reports that the newsletter In 1995, we had almost 532,000 drug-re- The SPEAKER pro tempore. Under a legal.online has selected GPO Access as both lated emergencies which occurred previous order of the House, the gen- the ``best research site for laws'' and the across this Nation, and that figure has tleman from Michigan (Mr. STUPAK) is ``overall best Government site.'' Finally, the been on the upswing particularly recognized for 5 minutes. GPO just received the first American Associa- among our young people, which should (Mr. STUPAK addressed the House. tion of Law Libraries' ``Public Access to Gov- be of concern again to every Member of His remarks will appear hereafter in ernment Information Award'' as the ``official, Congress. In 1995 we also have a figure the Extensions of Remarks.) no-fee, one-stop public access point for the that is reported of a retail value of the f growing universe of web-based electronic illicit drug business being over $49 bil- The SPEAKER pro tempore. Under a Government information.'' These accolades lion. previous order of the House, the gentle- follow GPO's selection in February by In-Plant The cost goes on and on again to our woman from California (Ms. WOOLSEY) Graphics magazine as the top in-plant oper- society. Across the land tonight there is recognized for 5 minutes. ation in the country, and in March as a top are over 1.8 million, nearly 2 million, (Ms. WOOLSEY addressed the House. technology innovator by PC Week magazine. Americans incarcerated in our jails and Her remarks will appear hereafter in Public- and private-sector entities alike ap- prisons across the land. This is at in- the Extensions of Remarks.) preciate the leading role GPO is playing as we credible cost, the cost of the judicial f advance into the information age. Let's join in system, the cost of the lost wages, the The SPEAKER pro tempore. Under a the applause for the dedicated professionals cost of social support for the families previous order of the House, the gen- of the GPO. who have their loved ones incarcerated. H5442 CONGRESSIONAL RECORD — HOUSE July 13, 1999 So the cost is not just 1.8 million peo- who are drug users as opposed to deadly effects are our young people. ple behind bars but in fact much great- nonusers of drugs, another high price Heroin users are getting younger. A re- er cost. It is estimated out of the near- tag to pay for those who are involved cent survey indicates that kids are try- ly 2 million in our jails, prisons and in illegal narcotics or in drug use. ing heroin at younger and younger State facilities that 60 to 70 percent are Let me talk tonight about how some ages. there directly because of a drug-related specific drugs impact our society and For example, in 1995, this report that offense, and these are not small of- young people in this Nation, and what I have says that 141,000 people in Amer- fenses like possession of minor drugs, the effects of some of these drugs are. ica tried heroin for the first time. and these are not one time or mis- First of all, let me talk about crack About a quarter of these first-time demeanor occurrences or offenses. and cocaine. The use and abuse of users were somewhere between the ages These are, in fact, we find from the crack and cocaine, which also destroys of 12 and 17. Even worse, more than hearings that we have conducted with lives, has somewhat evened out among half the people who were admitted to our criminal justice drug policy sub- the adult population. That is only be- hospital emergency rooms for heroin- committee, these are, in fact, very se- cause now we have an incredible supply related problems were under age 18. rious felonies. And most of those peo- of heroin, we have an unbelievable sup- Again, the theme that we bring to ple behind bars, again in studies, con- ply of methamphetamine. the floor tonight is that drugs destroy firm this as recently as the hearings So, for example, my area has a very lives, and drugs destroy young lives in that we held today in our sub- substantial increase in heroin use and an incredible number of instances. committee, that these folks in most in- abuse and deaths, and the Midwest and These statistics do indicate that we stances are violent offenders, that in some other areas have been impacted have a tremendous heroin abuse prob- fact those that are there because of by methamphetamine, so crack and co- lem among our young people. Heroin is drug-related crimes are there because caine has leveled out. The supply avail- dangerous, and you have to be just to- they trafficked in drugs, they com- ability and price of other drugs such as tally irresponsible to put yourself mitted a murder, they committed a methamphetamines and heroin is using it. rape and an assault, a robbery while available. We have also found in our studies and under the influence of illegal narcotics Even first-time crack or cocaine hearings that the heroin that is coming or in the pursuit of acquiring money or users can be subject to heart attacks into the United States in 1998, 1999, drugs. which can be fatal. We heard testimony today, is not the heroin that came in 10 today from a wonderful lady, Mrs. Ben- or 15 years ago. The purity levels that b 2030 nett, who testified before our sub- were down in single digits are now 60, So again, 2 million people behind committee. She lost her young son, a 70 percent pure. Young people and bars is only the tip of the iceberg. first-time cocaine user who suffered a adults who try heroin have very deadly Drug-related illnesses in the United fatal reaction and died at a very young results, as I cited. Just in my local cen- States and death and crime are esti- age. She brought his picture to our tral Florida district and area, we now mated to cost Americans some $67 bil- subcommittee, which conducted a have heroin overdose deaths exceeding lion plus a year in the United States. hearing on the question of decrimi- homicides. That picture is being re- This translates into very specific costs nalization and legalization of illegal peated over and over across the land. to every American who has to pay narcotics. In fact, we are now up to over 4,000 her- $1,000 a year to carry the costs of She will tell the Members that drugs oin deaths in the Nation, and the num- health care, extra law enforcement, car in fact destroy lives. They destroyed ber is growing every year. and automobile accidents, and crime the life of her son, and this report that Most disturbingly, again, we see and lost productivity due to drug abuse I have tonight about the use of crack young people as the victims of heroin and use. or cocaine adding to your incidence of overdoses and heroin deaths. Drugs de- Eighteen percent of the 2,000 fatally seizures or heart attacks is in fact very stroy lives. Again, let me cite some of injured drivers from seven States had real. Even one hit of crack or cocaine the information that we found in our drugs rather than alcohol in their sys- can in fact kill one, because it can hearings on our Subcommittee on tems when they died. Again, drugs do cause heart attacks, strokes, or breath- Criminal Justice, Drug Policy and in fact destroy lives, and have a very ing problems. This has medically been Human Resources. Over half the crime specific cost impact to the American proven. in this country is committed by indi- taxpayer, to every American citizen, in Crack and cocaine use are also con- viduals under the influence of drugs. addition to just the incarceration cost nected, and abuse, are connected to car In the hearing that we held today we and judicial cost. crashes, to falls, burns, drowning, and had Tom Constantine, who is the im- Drug use and misuse and illegal nar- suicide, and sometimes, again, these go mediate former director of our Drug cotics also dramatically impact the unreported. But my point again is that Enforcement Agency of the United productivity of America’s workers. illegal narcotics, hard drugs like crack States, just retired in the last few Seventy-one percent of all illicit drug and cocaine do destroy lives. days. He told us that over half of the users are 18 years of age or older, and The addiction we have not talked individuals who had been arrested for they are also, interestingly enough, about, but that can ruin the physical Federal offenses are now testing posi- employed. and mental health of so many individ- tive for illegal narcotics. In a study by the U.S. Postal Service, uals, and often is not counted into the We heard the sheriff of Plano County, the data collected showed that among statistics that we report here. So the city of Plano and that area, testify drug users, absenteeism is 66 percent again, we have an instance of one drug before our subcommittee today. He higher and health benefit utilization is which has a devastating impact on so also indicated that a very high number 84 percent greater in dollar terms when many lives, and does in fact destroy of those arrested for any offense in his compared against other workers. So in lives. jurisdiction also have some drug in fact, the billions that we are talking The other drug I will talk about for a their system. about are only the tip of the iceberg few minutes is heroin. Heroin users are The National Institute of Justice’s when we translate this into lost pro- getting younger and younger. Since ADAM, the drug testing program, it is ductivity and absenteeism, and then 1993, the use of heroin among our teen- referred to also as the Adam testing the overutilization of our health ben- age population has risen some 875 per- program, found that more than 60 per- efit programs. Again, all of that does cent in the United States. We have a cent of adult male arrestees tested translate into extra costs for every cit- tremendous supply of heroin coming positive for drugs. izen. into the United States. We have a re- It was interesting, in some of the in- Again, drugs destroy lives, they cost duction in price. formation we obtained today, and this us lives, and they cost every American I will talk in a few minutes about figure is very high for adult males, but in this Congress dearly. how we are getting that tremendous I believe the figure was 71 percent of Disciplinary actions are, interest- supply coming in. But in fact, the peo- the women who were arrested tested ingly, 90 percent higher for employees ple who are most subjected to heroin’s positive for drugs, a startling statistic July 13, 1999 CONGRESSIONAL RECORD — HOUSE H5443 that, although we have fewer female But in a home that has drug use, a Mr. Speaker, I want to talk a little arrestees, that a greater percentage of woman’s risk of being killed is in- bit about some of these narcotics and them are involved with illegal nar- creased by 28 times, according to this what Mr. Constantine brought up and cotics and have them in their system AMA study. what we heard today. If I can, I would when they are tested upon arrest. Additionally, to confirm again the like to take this down and have the In most cities, over half the young message we bring tonight that drugs chart on the drug Signature program. male arrestees are under the influence destroy lives, I have a study by the All these illegal narcotics come from of marijuana. Importantly, the major- Parent Resources and Drug Informa- some place. And, in fact, we know ity of these crimes result from the ef- tion Center. This is also referred to as today through scientific studies and fects of the drug and did not result PRIDE, the organization, and this through programs such as the heroin from the fact that the drugs are illegal. PRIDE organization reported some of Signature program exactly where ille- According to a study of the National these facts. gal narcotics originate. This is not a Center on Addiction and Substance Of high school students who reported guessing game. This is today a science Abuse at Columbia University, 80 per- having carried guns to school, and cer- just like DNA. They can trace DNA to cent of the men and women behind tainly there has been a great deal of individuals; they can trace illegal nar- bars, about 1.4 million inmates, are se- talk about guns in this Congress on the cotics back to their source. riously involved with alcohol and other floor of the House of Representatives, Mr. Constantine, again, former DEA drug abuse. I am going to try to refer this said students who were reported director, talked a little bit today about a little bit later, if we have time, to having carried guns to school, 31 per- the heroin problem that we have. This the results of that report from the Na- cent used cocaine, compared to 2 per- 1997 study that he also presented to our tional Center on Addiction and Sub- cent of the students who never carried subcommittee in a previous hearing stance Abuse at Columbia University. guns to school. shows exactly where heroin, one of the This is an absolutely fascinating re- b 2045 most deadly drugs, is coming from. port just released this morning, and it And we know that 75 percent of the talks about marijuana. It is the most The same relationship was found heroin is coming today from South comprehensive study ever conducted, among junior high school. So more America. We know that 14 percent is that highlights the critical distinction than likely, the school violence and coming from Mexico. And then we have between non-medical marijuana, med- those involved with carrying lethal about 5 and 6 percent from Southwest ical uses of marijuana, and what is weapons such as guns to school are and Southeast Asia. So we know very going on with those who abuse this much more likely to be drug abusers, specifically that 89 percent of the her- substance, and some incredible statis- drug users. Nineteen percent of gang oin is coming from either Colombia or tics about, again, the effect on those members reported cocaine use com- Mexico. individuals and how many of them are pared to 2 percent among youths who Some 6 years ago, this chart would be now in some type of a treatment pro- were not in gangs. So whether it is quite different. Most of the illegal nar- gram, and the problems that are re- someone carrying a gun to school or cotics were coming in from, in this lated to this. We will talk more about someone involved in a gang, drugs de- case, heroin, was coming in from that. stroy their lives. And, in fact, drugs The former Secretary, I believe, of Southeast Asia and from other sources. contribute to the crime disruption of In fact, 6 years ago, there was almost one of the administrations, Joe our public school system and edu- Califano, was involved, he was a former no heroin produced in Colombia. cation. Again, drugs destroy lives. How did we get to 75 percent, as Mr. HEW Secretary, with this study. He is Today, the subcommittee which I now president of that organization. We Constantine testified and this chart chair, the Subcommittee on Criminal documents? It is a simple thing. It is hope to have him testify at a future Justice, Drug Policy and Human Re- hearing on the results of their study. the policy of this administration. sources, as I mentioned earlier, began Again, it is a dramatic study that Let me review for a moment, if I another hearing to look into the ques- does show that we have an incredible may, what took place and how we got number of young people who are the tion of drug legalization, drug decrimi- into this situation. I have heard re- victims of marijuana, which many try nalization. peatedly, and I hear it over and over to tout as a soft drug or a non-harmful We heard from a number of wit- again, the war on drugs is a failure. I narcotic. But again, all the studies, the nesses, some on different sides of the have heard it in the media, and I have reports, the information lead us to one issue. I try to always bring in a bal- heard it recast that the war on drugs is simple conclusion; again, that drugs anced approach. We heard one witness a failure. They would have the public destroy lives. in particular in favor of legalization of and the Congress believe that the war According to a study published in the marijuana, a representative from the on drugs is a failure. Journal of the American Medical Asso- NORMAL organization, it is called. We In fact, since 1993, there has not been ciation last year, non-drug users who heard another individual report from a a war on drugs. In 1993, the Clinton ad- lived in households where drugs, in- study who gave some of the compari- ministration basically closed down the cluding marijuana, are used are 11 sons that had been reviewed on mari- war on drugs. What they did was they times as likely to be killed as those juana use. And we heard from, again, a began very systematically. The first living in drug-free households. So if a parent involved with a national organi- thing they cut was almost 90 percent of young person or an individual comes zation. She had lost her son, as I men- the drug czar’s office and operations. from a house where drugs are being tioned, and was there testifying So the drug czar’s office was cut first, used, this study by the American Med- against decriminalization, against le- demoted, really. They brought in a ical Association said they increase galization. drug czar who really ignored the prob- their chances of being killed by 11 We also heard from the police chief of lem, ignored promotion of any times. So again, these are more statis- Plano, Texas, also who spoke against antinarcotics programs either before tics that confirm that drugs destroy legalization. We found also that we had the Congress or with this administra- lives. some interesting testimony from our tion. Drug abuse in a home increased a lead witness who was Tom Con- What else did this administration do? woman’s risk of being killed, according stantine, and as I mentioned he is the The first thing they did was hire so to this study, by a close relative, some former head of the Drug Enforcement many recent drug abusers in the White 28 times. So those that are concerned, Agency. Mr. Constantine used several House that the Secret Service insisted and we heard testimony today about examples in his testimony to show how on a program to do drug testing of spousal abuse, an incredible statistic, drugs drive demand. White House employees. And I sat on some 80 percent of the spousal abuse A few years back, the Colombian the Committee on Government Oper- cases involved methamphetamines in drug cartels decided to enter the heroin ations and heard testimony to that ef- one jurisdiction that was studied, and market. Now 75 percent of the heroin fect. that would be abuse, battery, assault of sold in the United States is of Colom- But again, first they closed down the a woman, a wife, a spouse. bian origin. drug czar’s office very nearly, then H5444 CONGRESSIONAL RECORD — HOUSE July 13, 1999 began hiring people who had very re- cent of the heroin. Colombia was not in the world. Tom Constantine testified cent illegal narcotics use, forcing the even on the charts as producing heroin today it is somewhere up in the 60 per- Secret Service to force the White in 1992, 1993. This administration cent. House to institute a drug testing pro- stopped funding, cut this in less than b 2100 gram. half the international program. So Next thing they did was hire prob- there was not funding to stop drugs at Fortunately, this new majority, ably the worst Surgeon General, the their source. under the leadership of first Mr. Zeliff, highest health officer, that this Nation If we look at 1998 and 1999, and take who began restarting the war on drugs, had ever had and that was Joycelyn El- that in 1991–1992 dollars, we are not a former Member, and the former ders. She sent a message to our young even up to the levels of the end of the chairman of the Subcommittee on Na- people that said just say maybe. And Bush administration. And again this is tional Security, International Affairs, the statistics I cited tonight about her- so cost effective because we know and Criminal Justice was the gen- oin, about marijuana, about cocaine where the heroin is produced. We have tleman from Illinois (Speaker and about the increase in incidence the Signature programs that show us HASTERT), who is now Speaker of the among our young people I think can be exactly where the heroin is produced. House was chair and was responsible traced from the beginning point of that Now in addition to cutting these pro- for restarting the war on drugs. So that policy of that closedown, of that shut- grams, what this administration did is why we see those figures going up down, that ending of the war on drugs through a very direct policy was to here. with a chief health officer of the stop money going to Colombia. The re- But even the funds that were put in United States of America saying to our sults in Colombia are incredible. I read last year, and I checked this, because, young people just say maybe. a Washington Post piece, which the re- again, a recent story in the Wash- Then, if I can get the smallest charts porter really did not research well, but ington Post and repeated across the here, again this is repeated over and if we go back and look at what this ad- land is that so much of our foreign as- over that the war on drugs is a failure. ministration did with the cuts here, sistance is going to Colombia. Well, Let me have these charts here. These they totally cut off Colombia as far as that is bull, and that is nutso. That is charts do not lie. They tell the truth. receiving any resources, helicopters, not the truth. And I do not know if my colleagues can assistance, because they were afraid This past year, we appropriated see them, but this shows drug spending that some of that money might be used somewhere in the neighborhood of $280 on international programs. Now, inter- to fight the Marxist guerrillas who million for Colombia. My colleagues national would be stopping drugs at were in the jungles there. have got to remember, up to this date, their source, probably the most effec- So what this administration’s direct almost no money went to Colombia in tive utilization of taxpayer dollars. policy was, and it was in direct conflict fighting illegal narcotics. In fact, this We know that in 1993 and prior to with the requests for the last 4 years administration kept the resources, the that time that nearly 100 percent of the since we have taken over the House of helicopters, the ammunition from this cocaine was coming from Peru and Representatives with a new majority, country. from Bolivia, a little tiny bit from Co- we begged, we pleaded, we sent letters, So I checked to see where the money lombia. We knew where cocaine was get aid, get assistance, get resources to is that we appropriated last year and coming from then and coca could only Colombia. that the press is talking about, saying be grown at certain altitudes in a cer- What has happened? Colombia now the war on drugs is a failure, and that tain terrain. There are not many produces 75 percent of the heroin com- the third biggest foreign aid recipient places. It cannot be grown in Florida or ing into the United States since we after Israel and Egypt is Colombia. North Carolina, to my knowledge. It closed down that program effectively. Well, that is true for this fiscal year can be grown only in that area. that that money is appropriated. But In 1993, the next thing the Clinton Seventy-five percent of the heroin so far, according to our staff investiga- administration did, and we have to re- coming in. No heroin produced in 1992, tion, somewhere between $2 million member they controlled the White 1993, not even on the charts. Addition- and $3 million has gotten to Colombia. House, they controlled the other body, ally, we could talk about Mexico, So we have not had a war on drugs. the United States Senate, and they which is up to 14 percent. We get 89 controlled a big majority of the House percent of the heroin from the two of This other side of the aisle has killed of Representatives. The first thing them, and that is part of another failed the war on drugs. They completely they did was cut these international Clinton policy in certifying Mexico as decimated the war on drugs. programs, the source country pro- cooperating. This just international programs grams. But think about Colombia and what and, again, the dollars that were The slashes here are incredible. this policy has done. Not only do we slashed, they were kept from Colombia. Again, back under President Bush we have the heroin which was not there in If my colleagues think that it is bad had 660, and this is millions of dollars. 1992–1993, coming in in unbelievable enough we have cocaine and heroin We are not talking billions. But they quantities at a quality that is as dead- coming in in these incredible quan- slashed them to less than half by 1995– ly as can be, that is what is killing the tities through a direct failed policy of 1996. This is where the Republicans kids in Plano. That is what is killing this administration and the other side took over the Congress. the kids in Orlando, Florida. That is of the aisle, what they did, stop and In the last 2, 3 years we have really what is destroying the lives again by think about what is happening in Co- begun to restart the war on drugs. I sat the thousands, deadly high-purity her- lombia. on the Committee on Government Op- oin coming in through this policy. Everybody gets upset about Kosovo. erations during that period when Mr. But what is interesting is in 1992, Over a million people have been dis- Brown was the drug czar, the drug czar 1993, Colombia produced almost no co- placed in Colombia by the Civil War, in name. Even though I had requests caine. It did process coca and it was a by the Marxist guerillas who are fund- from 130-plus Members of the House of big producer. The coca which was par- ed almost totally by illegal narcotics Representatives on both sides of the tially processed was brought into Co- profits and illegal narcotics traf- aisle, only one hearing was held during lombia and processed there and shipped ficking. Thirty-five thousand people the Democrat domination of the Con- out either directly to the United States have died in Colombia. Thousands of gress and the White House. Only one or with their buddies and network judges, thousands and thousands of po- hearing as I was a member of that com- through Mexico. licemen, elected officials have been mittee, and that was for less than an What has happened since that time, murdered and slaughtered in Colombia. hour. It was almost farcical. So the 1992, 1993, the last administration, is It has disseminated a great nation. The war on drugs was closed down and spe- that in fact Colombia again is deprived reason was we did not want any arms cifically the most cost-effective part of of any assistance. We cut this program to get there. the war on drugs was closed down. on source country in half, plus we com- Now, an area the size of Switzerland The other chart that I had here pletely decimated Colombia. Colombia is in control, and the new president, showed Colombia now producing 75 per- is now the biggest producer of cocaine and I have to admire him, is trying to July 13, 1999 CONGRESSIONAL RECORD — HOUSE H5445 bring peace about, trying to negotiate borders, forget it, folks. It is harder back here at the beginning of this ad- with the guerillas. Some oppose that. and harder. Ask any policeman. Ask ministration, almost no money for edu- Some of are in favor of it. But one can- anyone who has dealt with law enforce- cation. not have a resolution to the problems ment. It is tough. Under Speaker Gingrich and under with illegal narcotics which are fund- But here is what they did. They the leadership of the gentleman from ing the Marxist activities or a resolu- killed the war on drugs. The Clinton Illinois (Mr. HASTERT), who is now the tion of illegal narcotics transiting or administration, which does not like the Speaker, we put in $195 million into an being produced there, coming into the military to begin with, took the mili- education program. It is relatively United States until we have peace tary out of the war on drugs. Look. new. It has not completed its first plans. From 1991 to 1992, $2 billion level down year. But that money is matched by So I have been supportive. I have met to about $1 billion, cut in half. donations and by equal contributions. with President Pastrana. He has This just shows the military. I have So we should have almost a half billion begged for our assistance. He has not brought up the Coast Guard which dollars in resources towards an edu- begged for our patience. He has begged protects Puerto Rico, which protects cation program. for our understanding. He is trying to our coast line. They slashed the budg- It takes education. It takes treat- do anything. ets there. ment. It takes, as I said, most effec- He brought down the head of the New So that is why we have Colombia as tively, source country programs to York Stock Exchange to talk to the the major producer of heroin, we know eradicate drugs where they are grown guerillas to try to tell them that a free where it is coming from, the major pro- and where they come from. Then it enterprise system is better than dog- ducer of cocaine. This is why we have a takes interdiction and also takes en- ging it in the jungle and conducting stream, a supply. That is simple eco- forcement. So it takes all of these ac- war and slaughter of the Colombian nomics. It is economics 101, my friends, tivities. people. that, in fact, as one has a tremendous That is why, if we go back and look I say give peace a chance. I also say supply, the price goes down, and it is at the Bush administration and back to give a chance to restarting the war on available. It is available to who at a the Reagan administration when we drugs. These are the facts. What the low price? Our young people. had the beginning of the crack and the newspapers have printed is bologna. It That is why the statistics I quoted cocaine problem in the early 1980s, we is not the truth about these inter- here tonight and the theme that I had saw an actual decrease in the number national programs. here tonight that drugs destroy lives is of individuals involved with illegal nar- We have been able, through Speaker so true. This is the policy. The war on cotics, or we saw some of the activity HASTERT, again, who chaired the Sub- drugs died in January of 1993 with this coming down where we saw the seizures committee on National Security, Inter- President, with this administration. going up and again some dramatic national Affairs, and Criminal Justice, My colleagues can see that, in 1998, changes. The most dramatic change that we who had responsibility before my new 1999, we are barely getting back to the have experienced, though, is the end of Subcommittee of Criminal Justice, level we were with the Bush adminis- the war in drugs in January of 1993. It Drug Policy, and Human Relations in- tration. So we have not even been able is so difficult to start that back up herited it, but the Speaker was suc- to restart the war on drugs. again. The next myth is that we have not cessful. In addition to providing an update on I went down with him. We met with spent enough money on treatment. I the war on drugs and where we are in President Fujimori of Peru. We met believe in treatment. I think anyone the war on drugs, I also wanted to talk with President Hugo Banzer of Bolivia. who has a problem, we should get tonight, as I conclude, a little bit Those two presidents have cut drug treatment to them. We should spend about some of the things that our sub- production of cocaine with a little bit whatever. If we could spend $3 billion committee has been doing, our Sub- of help from their friend. We are only in Kosovo in a few months, we can cer- committee on Criminal Justice, Drug talking $20 million, $30 million out of tainly spend money on those who are Policy, and Human Resources. billions and billions that we are spend- addicted to illegal narcotics in the Several weeks ago, we conducted a ing on law enforcement, incarceration, United States of America. hearing at the request of the gen- and treatment. Those two presidents But, Mr. Speaker, here is the next tleman from Florida (Mr. MILLER). As have acted with a little bit of help and point that I want to make. If we look my colleagues may know, I have been the few dollars in the international back in 1991, 1992, we were spending $1.8 highly critical, and our subcommittee programs which we have restarted and billion, $2.2 billion on treatment. 1999, has held extensive hearings on the cut 50 percent of the cocaine produc- it is not quite double. But in fact they question of assistance in Mexico. Be- tion. That is why we see cocaine down have been putting their eggs in the cause if we look at Colombia and we and more difficult to get. treatment basket, and some of it has have seen the results of what happens The latest figures I have is President helped. But this also should destroy a in our failed policy with Colombia, we Fujimori in Peru, through his hard myth that we have not increased see where illegal narcotics, the tough line, through his assistance, through money for treatment. stuff like heroin, cocaine are coming the small amount of dollars we have What is interesting is, since the Re- from. If we looked at the rest of the gotten there, has reduced 60 percent. publicans took over the Congress, we picture to see where the rest of the Both of them have plans to eliminate can see some pretty dramatic increases drugs are coming from, probably the that. So a little bit of help in these in money for treatment. So, again, the balance of the drugs and 60 to 70 per- international programs can be so cost myth that all the money is going into cent of all the hard narcotics and mari- effective. Do not tell me any different. planes and to source country programs juana and everything coming into the I have been there. I have seen it. These and interdiction equipment is just United States comes in through Mex- are the facts. that, it is a myth. It is not the truth. ico. Again, we hear the comments that So that is a little bit of an update on Mexico has not cooperated. This Con- interdiction and the war on drugs does how we got into this situation, where gress asked over a year ago, 2 years ago not work and that we are spending too we are on the war on drugs. It is nice now, for Mexico to extradite individ- much money on interdiction. Look at to come up here and talk about this. uals, Mexican nationals, drug lords, what the Clinton administration did. But I must say that, rather than just those who have been indicted in the Again, during the last years of the talk about it, we have tried to act. We United States and for whom we are Bush administration, we were in the $2 have tried to act by putting our dollars seeking extradition. They have not billion on interdiction, in that range. into these programs. We have tried to complied. I will talk a little bit more The war on drugs was killed as far as look at those that are most cost effec- about that in just a second. interdicting drugs. tive. In addition, we asked Mexico to sign The second most cost effective way Treatment. Again, we have no prob- a maritime agreement. To date, they to get drugs is to stop them as they are lem with treatment. Education basi- still have not signed a maritime agree- coming in. Once they get passed the cally was not on the charts. If we look ment to cooperate in going after people H5446 CONGRESSIONAL RECORD — HOUSE July 13, 1999 who are transiting and dealing in drugs and Mr. Del Toro is on his way back to Mr. Speaker, since I have some time in the high seas. face justice. left, I would like to provide a little up- In addition, we asked Mexico to arm It is small compensation, small con- date as to what is going on as far as our DEA agents. They still have not al- dolence to the Bellush family, but it is narcotics around the world. If my col- lowed our DEA agents to protect them- one extradition. Unfortunately, there leagues think the United States is selves. My colleagues may say, why? are 274 other extradition requests on tough, the headlines in one of the re- Why? Because Enrique Camarena, one some 40 major drug dealers, Mexican cent newspapers is, ‘‘Three Beheaded in of our agents was tortured, an incred- nationals, who have been involved in il- Saudi Arabia For Drug Trafficking.’’ ibly horrible death. We have a cap ac- legal narcotics. Now, I believe we have This is a report of Friday, May 8. tually imposed by Mexico on the num- had one Mexican national who has been ‘‘Three convicted drug traffickers were ber of agents. We have a very small extradited, but I have brought to the beheaded in Saudi Arabia on Friday. number. It is almost incredible for the floor again some of the mugshots of Saudi Arabia’s Islamic courts imposed size of the problem. But even so, those these individuals. death sentences for murder, rape and who are there are still put at risk, and Agustin Vasquez-Mendoza. He is drug trafficking. So far this year, 21 Mexico still refused to help us. wanted on conspiracy to commit armed people have been executed, 29 put to robbery and highly involved in illegal b 2115 death.’’ narcotics trafficking and kidnapping ‘‘China executes 58 to mark world Radar in the south. And I am getting and aggravated assault. He is a fugi- anti-narcotics day.’’ In China, they some word that Mexico is beginning to tive, has not been arrested and one of have a different approach to illegal cooperate in getting radar to the south the individuals who we are trying to narcotics. ‘‘China marked world anti- so before the drugs come into Mexico, get back to the United States. Again I narcotics day by executing 58 drug and we know they are coming from Co- bring up the Amezcua brothers, who we traffickers.’’ So just a little update on lombia and Panama and other loca- also would like extradited to face jus- the news in China and how they treat tions, that we could stop those illegal tice in the United States. drug traffickers. narcotics. But that is still not in place. So we have succeeded in one small Then this report from today’s Finan- And then enforcing the laws that are case. We have some 200-plus requests cial Times. ‘‘Caribbean court will speed passed. Now, we have gotten Mexico to for extradition of these individuals. I hangings.’’ And this deals with drug pass some laws, and the laws are on the do not believe that Mexico, who has al- trafficking which has prompted crimes. books, but there is not the enforce- ways been a close ally, and we have Let me read from this: ‘‘Many islands ment. They have a corrupt judicial sys- millions of Mexican-Americans in the have witnessed rapid increases in mur- tem; they have a corrupt law enforce- United States, I do not believe these ders and other violent crime over the ment system from the guy on the beat friends that we have had or Mexican- past decade. Murders in Jamaica last or the gal on the beat all the way to Americans agree with Mexico’s current year averaged 2.6 a day, twice the level the President’s office. And that has stance to thumb their nose at the of 10 years ago. Murders have doubled been documented with the former United States and refuse to extradite in Trinidad and Tobago over the past 5 President Salinas and his family, with these individuals who have been in- years, with many of those linked to those in incredible positions of power, volved in murder, illegal narcotics, and narcotics smuggling, say officials.’’ with incredible amounts of money that trafficking. So they have a treatment, and the they have skimmed off of the drug So we will continue to put pressure treatment really cuts down on recidi- trade, including one Mexican general on Mexico, which is now a major pro- vism, and that is hanging, which is who tried to place $1.1 billion that he ducer of heroin, but also the source of being demanded by these nations that had gotten. We know he had gotten it 60 to 70 percent of the illegal narcotics have also felt this scourge of illegal through illegal narcotics proceeds, and transiting into the United States. We narcotics. he tried to place it in legitimate finan- will do everything possible. Mr. Speaker, I like to provide Mem- cial institutions. But we have not had We did introduce, just before we went bers of Congress and the American peo- cooperation. into recess, a resolution which we hope ple with little updates on what is going I started with extradition. And let to bring up on the floor which does on in the war on drugs and how others me say that several weeks ago, as I praise Mexico for some of the small from time to time approach this seri- began to mention, our subcommittee, steps that they have taken, but also ous problem. Not that I recommend at the request of the gentleman from holds Mexico’s feet to the fire to any of these procedures or remedies Florida (Mr. MILLER), conducted a produce on extradition, to produce on a that I have reported here tonight. Mr. hearing on one of the 275 extradition maritime agreement, to produce on as- Speaker, I thank my colleagues for requests that we have. This was a case sisting our DEA agents, to produce on their indulgence, and I will return relating to the murder of Mrs. Bellush, enforcing the laws that they have again next week. a young mother of about five or six passed rather than thumbing their nose f young children in Florida in Sarasota at the United States. who was murdered several years ago. So until we start working with the TITLE IX AND WOMEN’S SPORTS She was shot and then stabbed to death programs that do work, that are cost The SPEAKER pro tempore. Under a and left to die, with her young baby effective and at the source, in coopera- previous order of the House, the gentle- children left in the pool of her blood tion with these countries and as a co- woman from New York (Mrs. MALONEY) until the family members came home operative partner, getting them the re- is recognized for 5 minutes. and found her. sources through these programs, we Mrs. MALONEY of New York. Mr. We held a hearing to protest and to will not be successful. Speaker, one of the most exciting look into and investigate why Mexico Mr. Speaker, with that, I am pleased sporting events of all time took place had refused to extradite Mr. Del Toro. to sum up tonight with the message in Pasadena’s famed Rose Bowl. Over Mr. Del Toro was not a Hispanic cit- that I started out with and that is that 90,000 spectators, a record attendance izen. He was a citizen of the United drugs destroy lives. Over 14,000 Ameri- for a women’s sports contest, saw the States, born in the United States to cans lost their lives last year, almost United States women’s soccer team de- parents who are United States citizens; 100,000 since the beginning of the end of feat China on penalty kicks. Many mil- and he helped commit this incredibly the drug war, which was January 1993. lions more around the world saw this horrible crime and then fled to Mexico And again the statistics show and the thrilling match on television. In this and has for the past several years used facts show and prove that the war on country television ratings were higher the Mexican judicial system to avoid drugs ended with the beginning of this than for the National Hockey League coming back and facing justice in the administration, and it is so difficult to finals and most of the National Basket- United States. Thank goodness last start it up and that there has been so ball Association playoffs. night the Attorney General called me much damage to our Nation, to our I congratulate all the wonderful and said that the Mexican Supreme young people, and so many families young women who participated, not Court had ruled in favor of extradition across this land. just those from the victorious U.S. July 13, 1999 CONGRESSIONAL RECORD — HOUSE H5447 team but also the fine athletes from tically discriminated against in the the numbers in the trillions of dollars the Chinese squad and representatives professional sports world. As of now, about how much money we have got from the other 14 nations that partici- the women who won the world cham- lying around. I want to try this pated in this wonderful Women’s World pionships for the United States in evening to clarify exactly what we are Cup. Marla Messing and Donna de women’s soccer have no opportunity to talking about, because there are a Verona deserve everyone’s gratitude play as professionals in this country. number of variables in these numbers for staging this magnificent tour- On the other hand, the members of the that often do not come with the rosy nament. men’s soccer team that finished last in scenarios that various politicians are I would also like to praise ABC and France at the Men’s World Cup last laying out for people to hear. ESPN for showing every match in its year have ample opportunities to play We have heard, for instance, that we entirety, without commercial interrup- professionally in the United States and have and will run up, as currently pro- tion, and live, except when two con- abroad. I do not wish to demean our jected, $6 trillion in surpluses over the tests were being played at the same American men’s soccer athletes. I am course of the next 15 years. There are a time. confident they will do much better at number of problems with this scenario. The opportunity for the American the next world cup. First of all, of that $6 trillion, better public to see the action is something I I think it is important to point out than half, almost, I think it is like $3.1 have long fought for. When the Amer- that virtually all men’s professional trillion, will be ran up in the Social Se- ican women’s soccer team won the sports teams receive significant gov- curity trust fund. Any surplus that we world championship in 1991 in China by ernment assistance in the form of sub- have in the Social Security trust fund defeating Norway 2 to 1, the final was sidies and substantial tax breaks for is not money that we can spend be- only seen in this country by tape delay whatever venue they play in. Many of cause it is money that we borrow from several weeks later. In contrast, the the stadiums are actually constructed that trust fund with a promise to pay same match was shown live on two sta- by municipal governments and either it back plus interest so that we can tions in Norway. turned over to a team or leased at a meet the obligations of the Social Se- Consequently, I protested strongly very low rent. I believe that we must curity trust fund. If we were to take when Americans were denied the right see that these facilities and tax breaks that money and treat it as a surplus to see on television any of the soccer or and spend it, we would in essence—not women’s softball matches in the 1996 are available to women’s professional teams on an equal basis. in essence, we would—be spending Olympics. This was inexcusable, par- money twice. That is exactly the sort f ticularly since both American teams of thing that got us in trouble in the won the gold medal. I also objected at b 2130 1980s. If you spend money twice, you the poor treatment received by tele- wind up in debt because you do not THE DEBT AND THE DEFICIT vision viewers who wished to watch the have it when you need it. U.S. men’s and women’s hockey teams The SPEAKER pro tempore (Mr. So right away we lose half of that 15- at last year’s winter Olympics. Since HAYES). Under the Speaker’s an- year figure, better than half of that 15- the U.S. Olympic committee is char- nounced policy of January 6, 1999, the year figure. You could still look at tered by Congress, I am urging the gentleman from Washington (Mr. that and say, ‘‘Gosh, $2.9 trillion over House of Representatives’ Committee SMITH) is recognized for 60 minutes as 15 years, that is still a lot of money.’’ on Government Reform, of which I am the designee of the minority leader. It is, but it presumes that our existing a member, to exert strong oversight so Mr. SMITH of Washington. Mr. budget of all spending will be reduced that the American public will receive Speaker, I rise tonight to talk about by 20 percent. Not only will it not in- better treatment at next year’s Olym- fiscal responsibility, the budget deficit crease but we will make cuts of 20 per- pics. I know that Americans are anx- and hopefully paying off the debt. cent. This was part of the 1997 balanced ious to see their beloved soccer team We have a very promising situation budget agreement that occurred before perform once more, and I am sure they right now where we are finally headed our economic situation got rosier and will also enjoy our wonderful women’s towards balancing the budget. It was more money poured into the coffers. I softball athletes when they get the op- not too long ago when that seemed like do not want to be one to predict the fu- portunity to see them in action. an impossible dream. I remember in ture, but having been around this place I think it is important to call atten- 1990 when we looked at budget deficits for the last year or so and listening to tion to the important role that Title growing on a yearly basis, stacked on people talk about all the various pro- IX, enacted into law in 1972, played in top of an already multi-trillion dollar grams, from defense to education to preparing our women’s team for the debt, it seemed impossible to think World Cup, and I congratulate my col- you name it that people feel are under- that we would ever dig our way out of league, the gentlewoman from Hawaii funded, much less in need of a 20 per- that hole, but thanks to a strong econ- cent cut, I find it very hard to believe (Mrs. MINK) for having authored and omy, the private sector kicking in and enacted that law in this House. that over the course of that 15 years we Prior to the enactment of Title IX, some good decisions made by both sides are actually going to have that 20 per- female athletes in this country had of the aisle and by President Clinton’s cent reduction. So if we assume that limited chances to compete. I know administration, we are to the point again, we are going to get in trouble. when I was in school if I wished to be where we almost have a yearly bal- That puts us in a position where you involved in athletics the only oppor- anced budget. Now, we still have a $5.6 realize there is not that much money tunity was to be a cheerleader. Donna trillion debt to deal with, but we are there. de Verona, an Olympic gold medalist in headed in the right direction, for the Lastly, and most importantly, these swimming in the 1964 Olympics, was moment. are projections, estimates. Now, we unable to obtain an athletic scholar- That is why I rise to speak this have to do projections and estimates. ship at an American University despite evening, because the ‘‘for the moment’’ You have to sort of guess, if you will, her considerable outstanding talent. part could change. As we head into the at what your budgets are going to look We must not heed those who com- budget negotiations that are starting like so you can plan for the future. plain that Title IX is responsible for in earnest in both chambers and at the That is acceptable, but I would not the elimination of college men’s bas- White House, we need to be very care- count our chickens before they hatch. ketball, wrestling and other so-called ful not to lose the progress that we Because that 15-year projection is nonrevenue sports teams. In fact, we have gained and not to, in essence, based on 15 years of continued growth must find ways of extending the philos- snatch defeat from the jaws of victory and low inflation. Now, granted the ophy of Title IX to other areas where which we still have plenty of time to growth that is projected is lower than women are discriminated against in do. we have had in the last year or two, as the sports world. In this regard, I refer I think there are a couple of ways we have had the long peacetime expan- to professional sports. this might happen. The first way is sion, the longest that we have had in a In this respect, 27 years after the in- when we start throwing numbers while, but still there are times when troduction of Title IX, women are dras- around of the surplus. We have heard revenues go down instead of up, when H5448 CONGRESSIONAL RECORD — HOUSE July 13, 1999 estimates get worse instead of better. I take that $850 billion, put it over the 10 money, help prime the pump, help get know this as every Member of this years like it is, then take our projected the economy back going again, but not Chamber ought to know. Those times surpluses back over 10 years, and that if we cannot do it now. If we cannot do happened throughout the 1980s and into is the chart that I have with me today, it now in these prosperous times, we the early 1990s. We had projected bal- you will see that we have a figure here will never do it. And God help us if it anced budgets at, gosh, I do not know that shows that the combined sur- gets to the point where actually the how many times throughout the 1980s pluses over those two periods are some- projections go down, if we experience a and 1990s, but the numbers always where around $1 trillion. year of negative growth, which by the came in worse than expected, many If you then also add into it the fact way does happen, if inflation ticks times far worse than expected, dra- that if you spend the $850 billion or if back up closer to double digits than matically growing the deficit instead you give it to tax cuts basically, you just one or two, then we will really be of reducing it. will not be able to pay down the debt in a fix. Now is the time to prepare for So if we assume that this 15-year pe- at all, you jack up your interest pay- the future. riod is going to produce continued ments by almost $200 billion and you I would like to close by just making growth, continued low inflation, we are completely exhaust this projected sur- one other point. This is tough. I recog- asking for trouble. I would suggest plus in 10 years. So we better do abso- nize that. I am not going to stand here that a more modest approach is at lutely as well every single year and we and say that fiscal responsibility is most let us assume that maybe half of better be prepared to cut the budget 20 easy. Because we have a lot of needs in that is going to happen and if the other percent or we can forget about fiscal this country. I could tick off a dozen half happens, fine, when it happens, responsibility. The number is simply off the top of my head, defense spend- then we can use it for tax cuts or need- too high. Yes, we ought to do tax cuts. ing, education spending, veterans, health care for seniors and children, ed spending, but let us not spend it be- I completely support that. I completely environmental protection programs, fore we get it. agree with that. We ought to target it And, fourth, the final point, we to the middle class, target it to the and that is just a few. We also could should not forget the $5.6 trillion debt people who maybe have not necessarily have a tremendous need for a lot of tax cuts that would be tremendously help- that we have hanging over us. It would benefited as much from the recent eco- ful to the middle class and others. I be nice to use a lot of this money to nomic boon as others. But we should know that. Every day in my office a pay down that debt, to get us back to not exhaust the entire projected sur- number of people come in the door and the point where we can have the fiscal plus on these tax cuts, putting our- request one of those programs. But the responsibility that we need in this selves in a position where we cannot obligation and the responsibility of country. We spend over $200 billion, even begin to pay down the debt and this Congress is to recognize that we somewhere around $220 billion a year, probably will not be able to have a bal- are not the last people in this country in interest on the debt. That is money anced budget if the numbers come in who are going to need those things and that cannot go for any program, cannot worse than they are currently pro- if we spend all the money now, if we go for any tax cut, it is merely serv- jected. That is not fiscally responsible. basically have no discipline and simply Let me throw one other frightening icing our debt. If we were to pay down want to pass out the goodies to make that debt, we could reduce that amount statistic at you as we are looking at as many people happy as is humanly and have even more money and a more these happy numbers of the projected possible, then 10, 20, 30 years from now fiscally responsible budget. surpluses. We project out 15 years, our children, our grandchildren, those Let me suggest that now is the time which is an interesting time frame to of us who are still around, are not to do this, at a time when we have be- pick particularly when you factor in going to have anything for these same tween 4 and 6 percent growth depend- positive economic projections, because programs. In the year 2020, 2050, they ing on the quarter, at the time when it is right about at that time period, are going to need education and trans- we have virtually nonexistent infla- the year 2014, when the costs of Medi- portation and health care and defense tion. These are unprecedented times, at care and Social Security are really spending every little bit as much as we least unprecedented in the last 40 or 50 going to accelerate. If you project it need it now but they will not have it years in this country, and if we do not out a few more years, you would see because we in our fiscally irresponsible seize this opportunity at a time when how much that starts to hurt us as the way will have spent their money. unemployment is 4.2 percent, to be fis- baby boom generation starts to retire I grew up in the 1970s and the 1980s cally responsible, we will never do it in earnest. We are going to be in big when prior Congresses were in essence when times turn bad. Because when trouble. spending all of my money. I did not times turn bad is precisely when you All of these factors and statistics much like it and I darn sure do not need to spend more money on things need to be considered. The fact that want to do it to future generations be- like education and infrastructure, half the money is in the Social Secu- cause I do not have the discipline to do when you need to give tax cuts to help rity trust fund, the fact that right at what is right and what is best for this people who are struggling due to the the end of our projections we get hit country and what is responsible. tough economic times. Now is the time with a huge bill for Medicare and So- Do not let rosy scenarios and pie in to be fiscally responsible. cial Security. These are things that the sky numbers fool you about where I want to touch on one more point on mitigate how much money we have. My the budget is going and what is going that. We have recently heard a lot of grave concern, and I have seen it al- to happen. Demand fiscal responsi- talk about tax cuts. Truthfully there ready, and had people come up to me, bility from this Congress, demand that are not many politicians who do not program after program, tax cut after the budget gets balanced and we pay like tax cuts. We would love to be able tax cut is thrown at us and everyone down the debt. to give as many of them as possible and says, ‘‘Well, gosh, you ought to be able BLUE DOG VIEW OF FEDERAL BUDGET in as many places as possible, but only to do it. You’ve got this multi-trillion The SPEAKER pro tempore (Mr. in my opinion if they do not jeopardize dollar surplus that everybody keeps HAYES). Under the Speaker’s an- fiscal responsibility. talking about.’’ I hope in my remarks I nounced policy of January 6, 1999, the The plan that has been rolled out by have explained a little bit tonight that gentleman from Texas (Mr. STENHOLM) the majority Republican Party in re- we do not have that multi-trillion dol- is recognized to control the remainder cent days calls for $850 billion, or $875 lar surplus in the bank by any stretch of the minority leader’s time. billion, depending on whose figures you of the imagination. Mr. STENHOLM. I thank my col- believe, over the next 10 years. Right I really think that the single best league for requesting this hour this away, please note that they estimate thing this Chamber can do for the peo- evening. I very much appreciate the op- over the next 10 years, whereas the sur- ple of our country right now in these portunity to participate. I will assure plus figures that have been thrown strong economic times is balance the the Speaker, I do not intend to take around in the newspapers estimate budget and pay down the debt. Then if the full remaining part of the time to- over 15 years. So over 15 years, that we hit tough economic times, we will night. If some other colleagues do show $850 billion is even more. In fact, if you have a little leeway to borrow some up, I will yield to them under the rule. July 13, 1999 CONGRESSIONAL RECORD — HOUSE H5449 Let me sort of begin where the gen- I have been around here a few years, It ought to bother us, and it ought to tleman from Washington just ended and I remember the debate in this body say to this body and to those as we and on the chart that he has in the well not too many years ago in which we ar- speak who are marking up this tax bill and point out, contrary to a lot of rhet- gued for hour after hour as to whether in extreme haste tonight: Now is the oric in this body over the last few days, or not we could project 2 years, 3 years. time for us not to be liberal with our there is no budget surplus this year. Now all of a sudden we are accepting thinking but to be conservative with When we look at the year 2000, the off- 15-year projections. our thinking and to realize that these budget surplus is $5 billion projected. Now who among us can predict to- are projections, and no one responsibly In the year 2001, it is $24 billion pro- morrow, much less 15 years from spends projections like it is real jected. Therefore, I would hope that today? Who among us can make these money. this body would resist the temptation kind of decisions? And that is why the Let me give my colleagues a few that is prevalent today to talk in Blue Dogs, as we are affectionately numbers in backing up. There is no terms of an $850 billion tax cut over the called by some, in the budget proposal budget surplus this year. For the first next 10 years when, according to all that we made earlier this year sug- 8 months of fiscal year 1999, October arithmetic today that is conservative, gested, let us stop this business; yes, through May, the Treasury reported a you will find that it will have to be Mr. President, you, and to the leader- cumulative surplus of 40.7 billion, but done with borrowed money. ship of this body, let us stop this busi- it is composed of an off-budget surplus Now, the people that I represent do ness of taking 15-year numbers and act- of 78.8 billion minus an on-budget sur- not get excited about a tax cut that is ing like this $700 billion is going to plus of 38.1. paid for with borrowed money. The occur, and let us go back to 5-year There is no surplus, and yet we keep first thing they assume is that if you numbers. Let us be conservative. Let talking like there is one. borrow $850 billion, the least you are us use 5-year numbers and let us not Let me read an editorial that was going to pay for interest is about 5 per- get carried away either with our desire printed in today’s San Angelo Standard cent, maybe 6 percent, because it is the for cutting taxes or our desire on the Times. This is the way it went: government doing the borrowing, but part of some for spending more money. Washington’s Budget Discussions An- then they understand that if that is Now, again, let me repeat, there is no noying. It is surreal to listen to Wash- done with borrowed money, there is a budget surplus. Most of these surpluses ington politicians arguing about how pretty good chance that the Federal are dealing with Social Security. When they ought to spend tax cuts on new Reserve is going to involve itself in our you look at the off-budget or the on- programs, a projected budget surplus of decisions. budget surplus, you do have projected $5.9 trillion over the next 15 years. I ask my colleagues tonight, what did over the next 5 years 231 billion. What There are two niggling problems with the Federal Reserve do a couple of is it about this that should bother us such talk. One is that it is the wrong weeks ago? If memory serves me cor- when we take a 231 billion projected policy; the second is that not only is rectly, they increased interest rates by surplus over the next 5 years and sud- the amount of money being discussed .25 percent. Why did the Federal Re- denly use that as justification to have little better than a blind guess, there is serve and the wisdom of Alan Green- an $850 billion tax cut? not even any assurance that there will span increase those interest rates? Be- And what ought to really bother this be any surplus. cause they were afraid the economy body is that when you look at that Consider that the new projections are was about to start overheating, infla- other number on this chart and you $1 trillion higher than the one made tion was going to begin moving up and look at that 2414 number, that is when just this past February. Then consider they wanted to nip it in the bud. Now, we have major problems dealing with that just 10 months ago the projected let us move ourselves back to the sub- Social Security. That is why another surplus was about one-third the num- ject of tax cutting. part of the Blue Dog budget has said: bers being tossed around now. And fi- Why would we want a tax cut? Obvi- Let us devote 100 percent of the Social nally consider that just 18 months ago ously because it is a politically popular Security trust funds to solving the So- we were still talking about deficits. thing to do. It makes good political cial Security problem, and let us do Can anyone really have enough con- rhetoric to say we are going to leave this by paying down the debt. Let us fidence in such inexact calculations to this money that has been accumulated pay down the debt with all of the So- make any plans that rely on their ac- by overtaxing the people and sending it cial Security trust funds. And we go curacy? Is it not obvious that if eco- back to you, but by the same breath, further in saying let us take half of the nomic conditions can improve so rap- tax cuts stimulate the economy. Now, non-Social Security surplus funds and idly, they can worsen just as rapidly? the problem that I have with this $850 pay down the debt with them. And then In fact, would not the smart money say billion tax cut is that if on the one let us use the other half of that pro- that after 98 months of economic ex- hand we are going to stimulate the jected surplus to deal with the concept pansion, the longest during the peace- economy and that stimulation of the of tax cuts and the concept of increased time in the Nation’s history, a down- economy is going to cause interest funding, particularly for defense. turn is vastly more likely than 15 more rates to go up, who is going to benefit We find over the weekend the Pen- years of uninterrupted growth and that best? I would submit to you tonight, tagon began to raise concerns, and future plans ought to reflect that prob- the best tax cut that this Congress can rightfully they did. Because when any- ability? give to all of the American people is to one looks at an $850 billion tax cut over The only good thing about the cur- act fiscally responsible and to make the next 10 years and then sees how it rent budget blabbering is that the $5.9 certain that interest rates do not go literally explodes about 2014, that be- trillion figure is in the ball park of the up, in fact can come back down. That comes a problem for the military, it amount owed on the national debt. is something we had better think becomes a problem for our veterans Would it not be nice if that image, pay- about, because we are not in control of programs, it becomes a problem for ing off the debt and not dollar signs the Federal Reserve and it is predict- Medicare and Medicaid, but it even begging to be given, this political bar- able based on what Chairman Green- more seriously becomes a major prob- ter, was the one that filled the politi- span has been saying what will happen lem for Social Security in 2014 because cians’ heads? Would it not be nice if if in fact the economy starts to over- that is the year in which the Social Se- the trillions of dollars that have been heat. But I go back to my first com- curity trust funds begin not to, or the and will be paid in interest on the debt ment and point out again, there is no amount of taxes we are all paying on could be used in some more productive budget surplus. Social Security, begin not to cover the way? expected outgo of 2014. Making the current talk even more b 2145 In other words, the current situation frustrating is that doing the right Now I have a little further problem we have in which Social Security is thing is not even a difficult political with this chart and all of these bringing in more than we are paying choice. Polls have consistently shown guesstimations because that is what out begins to turn the other way as the that, given the options, Americans they are. baby boom generation begins to retire. want Congress and the President to get H5450 CONGRESSIONAL RECORD — HOUSE July 13, 1999 the Nation’s fiscal house in order be- But why not have an open and honest And I say two reasons. Their names fore doing anything else with extra debate about how we are going to deal are Chase and Cole. It is mine and my money. with health care first? Why do we post- wife’s 4-year-old and 2-year-old Maybe the glorious projections being pone that until after we have a vote on grandsons. I do not want them to look tossed around will turn out to be right spending the entire surplus that may back 65 years from today and say, if or maybe the surplus will wind up or may not be a real one? only my granddad would have done being even twice as large, three times These are some of the questions that what in his heart he knew he should as large. That would be splendid. But it I think we are going to have to ask and have done when he was in the Congress, is foolish and irresponsible to base pol- to answer over and over and over we would not be in the mess we are in icy on dreams and wishes. Washington again. today. should take care of the priorities first, Remember: When anyone talks about b 2200 the money owed and the money that an $852 billion surplus that is not So- will be owed to future Social Security cial Security; remember the highway We have a wonderful opportunity, if and Medicare recipients before com- bill that this body passed last year we can find the bipartisan political mitting any budget surplus elsewhere. overwhelmingly? Look at the money courage to deal conservatively with I could not have said it better myself, that we voted to spend there that bust- this surplus, to avoid the temptation and as we go into tomorrow’s contin- ed the hound out of the caps, but no- that some have today to spend the ued markup in the Committee on Ways body saying, oh, we were not busting money, whether it be on tax cuts or and Means and then next week having them because that was just part of the whether it be on spending for new pro- an $850 billion tax cut on the floor, highway bill. grams. many of us are going to be reminding Look at this year, when we passed an Members will see me up at this mike this body time and time again: If you airport bill not too many days ago and and at other mikes and using every really mean it when you say let us lock folks were standing up on the Com- possible opportunity over the next sev- up the Social Security trust funds and mittee on the Budget and saying we eral days to encourage a majority of not use them, if you really mean it are busting the caps. No, we are not, my colleagues to take this surplus and because the total has not been busted when we talk about saving Social Secu- pay down the debt. Listen to what the yet, but that old bucket is filling up, rity, Medicare and Medicaid, if you American people are telling us in dis- and as it fills up, we are going to have really mean it, that we are going to trict after district. They are saying, some extremely interesting times, and keep our Nation’s fiscal house in order. pay down the debt. I do not want, I hope, to be part of an- We must not succumb to the tempta- Any small business man or woman other Congress that for political rea- tion to spend this surplus that may or knows what happens to their business sons absolutely and totally disregards may not even be realized for any pur- when they get more debt than they can the future of our children and grand- pose, and that includes the cutting of pay back. When the interest cost be- children. That is what we will do if we taxes. Because if we make that mis- comes insurmountable, an insurmount- choose to have a tax cut for self-grati- take, let us remember what happened able problem to them, they understand. fication today. We will be saying to our Why is it so difficult for Members of the last time when we were not able to children and grandchildren we do not meet the spending needs in the 1980s. Congress to understand? give a rip about you. Because the ur- That is the message the Blue Dogs We borrowed $3 trillion, almost $4 tril- gency is what the polls that we have to will be bringing. That is the message I lion. We borrowed because we could not be looking at this year, and that is hope we will find bipartisan support and would not make the difficult deci- somebody somewhere is saying we need for. sions right here in this body. a tax cut. Again, my plea to the leadership of I agree we need a tax cut, but not f this House: Let us make the tough de- with borrowed money. That is the sig- URGING HOUSE LEADERSHIP TO cisions first, let us settle the appro- nificant thing that we are going to BRING MANAGED CARE REFORM priations battle, let us acknowledge have to somehow get over, hopefully to TO THE FLOOR FOR DEBATE that if in fact we do have a need to a majority of this body, that it does The SPEAKER pro tempore (Mr. build up our Nation’s military, and we not make economic sense for us to GARY MILLER of California). Under the do, that there is no way on this earth waste this opportunity of fiscal respon- Speaker’s announced policy of January we will be able to meet those numbers sibility, the first time in many, many 6, 1999, the gentleman from Iowa (Mr. unless we deal with them responsibly years that we have got 2 years in a row GANSKE) is recognized for 60 minutes. in the budget by making that decision in which when you take Social Secu- first. Let us acknowledge, all of us, rity trust funds and off-budget, on- COMMONSENSE RECOMMENDATIONS ON THE that if you are concerned about Social budget, all of this malarkey that we BUDGET, THE BALANCED BUDGET ACT, AND Security, you cannot wink at 2014, you talk about here, that we do have a sur- MEDICARE cannot say we are going to pass that on plus. If we apply it to the debt and hon- Mr. GANSKE. Mr. Speaker, I find to the future congresses, we do not estly use this opportunity to deal with myself agreeing with the gentleman care about what is going to happen the long-term problems of Social Secu- from Texas (Mr. STENHOLM) on many of then, oh, we care, but we have got a rity, we can do something that our the issues that he has talked about re- plan, and the plan is yet to be mate- grandchildren will look back on. And I garding the budget. We are dealing pri- rialized. happen to have two. I should say my marily with what looks like a pro- Why would it not be the most respon- wife, Cindy, and I happen to have two. jected $1 trillion surplus. That is as- sible thing for us to have a Social Se- And I have resolved, and many people suming that we do not have a recession curity bill on the floor? Why would it asked me why I have been so involved over the next 10 years, that the econ- not be the most responsible to have a as I have in the Social Security ques- omy continues to be as strong, and bill for Medicare reform on the floor tion. I am not on the Committee on that we stay within budget caps re- and have honest to goodness projec- Ways and Means. I have been working lated to the 1997 Balanced Budget Act. tions? with the gentleman from Arizona (Mr. But as my friend and colleague, the Why do we have our hospitals in town KOLBE), my colleague. We have bipar- gentleman from Texas, rightly points this week again concerned, as my hos- tisan support now for a proposal on So- out, I think we will need to go back pitals are here, as I met with them, cial Security that does what we say it and do some adjustments on the Bal- hospital administrators from about 20 will do. And people say, well, what do anced Budget Act, particularly as it re- in my district who are concerned about we say it will do? It goes a long way to- lates to health care. having to shut down because the budg- wards solving the long-term problems I have a lot of rural hospitals in my et decisions that were made in the 1997 of Social Security, better than any district, and there is a large teaching balanced budget agreement went too other proposal out there. hospital in my State, just like there is far. And as I point out to them, it did And people say, ‘‘Well, CHARLIE, why in Texas, just like there is in every not go near as far as some folks in this are you so involved in Social Secu- State in the country. Those rural hos- body would have liked to have seen. rity?’’ pitals and teaching hospitals over the July 13, 1999 CONGRESSIONAL RECORD — HOUSE H5451 next 4 or 5 years are going to lose mil- Mr. Speaker, I want to talk primarily They have to follow State insurance lions and millions of dollars, and they tonight about managed care reform. So laws. Under current Federal law, if you will be in the red. We need to do some- I find myself standing on the floor yet or a member of your family is insured thing to adjust the payments, and we again calling for comprehensive pa- by your employer in a self-insured are not just talking about reductions tient protection to be debated on the plan, your employer can define ‘‘med- in the rate of growth for their reim- floor of the House of Representatives ical necessity’’ as anything that they bursement, we are talking about a de- as soon as possible. want to. Furthermore, they are not lia- crease, a real decrease and cuts from By the way, Mr. Speaker, do Mem- ble for their decisions, except insofar today. bers know the difference between a as to give care that could be denied. For instance, the average rural hos- PPO, an HMO, and the PLO? At least, ERISA was originally designed as a pital in the State of Iowa, my home Mr. Speaker, with the PLO, you can consumer pension bill. It was designed State, currently gets paid by Medicare negotiate. to make pension plans uniform for em- about $1,200 for their costs for a patient Mr. Speaker, the clock continues to ployees, to make it easier for employ- who has a cataract operation. That is tick on our legislative calendar. So I ers to issue pensions. It got extended to projected to decrease to about $950 ask, for the hundredth time, when are health plans sort of by a quirk 25 years under the Balanced Budget Act. That is we going to debate comprehensive ago. It was not even hardly debated a real cut, that is not a reduction in managed care legislation on the floor here on the floor. the rate of growth. I could go through of the House of Representatives, and It did not make that much difference one procedure after another. will the debate be fair? And when will for a long time, when most health So when we look at the total budget, the House Committee on Commerce plans were traditional indemnity insur- we have to also look at some adjust- mark up a managed care reform bill? ance plans. Then along came managed ments that we are going to have to The decision was made to let the care. What happened? Those companies make in terms of Medicare. We are Committee on Education and the started making medical decisions. going to have to look at some real ad- Workforce take up the comprehensive Then we started to run into the prob- justments we are going to have to patient protection legislation first, but lems and the complications of those make in order to get our appropria- they are stalled. Nothing has happened medical decisions. tions bills passed. in the Committee on Commerce, and Listen to some words that a former We cannot bring to the floor and ex- nothing is happening in the other com- HMO reviewer gave as she testified be- pect it to pass a bill that would cut mittees. fore Congress. It was May 30, 1996, when spending for the FBI by 20 percent. We How can any of us say that we are this small, nervous woman testified be- cannot bring to the floor and expect making a strong effort to address man- fore the Committee on Commerce. Her the bill to pass if we would reduce aged care reforms when the Committee testimony came after a long day of tes- funding for the immigration service, on Commerce, the committee of pri- timony on the abuses of managed care. the INS, by 15 to 20 percent. That is a mary jurisdiction, has yet to hold a This woman’s name was Linda Peeno. cut, not just reduce the rate of growth markup session on a managed care bill? She was a claims reviewer for several in their cost of living allowance. These Before I go any further, I want to health care plans. She told of the are some real facts we are going to commend my colleagues, the gen- choices that plans are making every have to deal with. tleman from Georgia (Mr. NORWOOD) day when they determine the medical Just like my friend, the gentleman and the gentlewoman from New Jersey necessity of treatment options. from Texas, I think we ought to have a (Mrs. ROUKEMA), for their strong advo- I am going to recount her testimony: tax cut as well. But I cannot support cacy of strong patient protection legis- ‘‘I wish to begin by making a public an $870 billion tax cut that we are talk- lation in the Committee on Education confession.’’ This is this HMO medical ing about here in the House, not $870 and the Workforce. reviewer’s words. ‘‘In the spring of 1987, billion out of $1 trillion in terms of the My colleagues have pointed out that I caused the death of a man. Although surplus. the bills of the Committee on Edu- this was known to many people, I have I think it would be much more rea- cation and the Workforce that were not been taken before any court of law sonable for us to sit down, reach across touted to be comprehensive managed or called to account for this in any pro- the aisle, reach down Pennsylvania Av- care bills were, in reality, nothing fessional or public forum. In fact, just enue, and come to an agreement. Let more than an assurance of business as the opposite occurred. I was rewarded us do some adjustments on that Bal- usual for the HMOs. Actually, they for this,’’ she said. ‘‘It brought me an anced Budget Act, maybe one-third of were not even business as usual, as improved reputation in my job and that surplus. Let us maybe do one- those bills from the Committee on Edu- contributed to my advancement after- third of that surplus for a tax cut. That cation and the Workforce actually wards. Not only did I demonstrate that is still a hefty tax cut. make it harder for patients to fight I could do what was expected of me, I And let us do something that all of HMO abuses under the Employee Re- exemplified the good company medical my constituents say we ought to do. tirement Income Security Act, ERISA. reviewer. I saved the company half a For once, and it would probably be the Mr. Speaker, I have spoken many million dollars.’’ first time in 50 or 60 years, let us actu- times on this floor about how impor- As I was watching this lady testify, I ally reduce the Nation’s debt. Let us do tant it is for patients to have care that could see that she was anguished. Her some real deficit reduction. I got elect- fits what are called ‘‘prevailing stand- voice was husky. She was tearful. I ed in 1994 and took office in 1995. The ards of medical care.’’ This issue is looked around the room, and the audi- debt has increased every year since I being debated here on Capitol Hill this ence shifted uncomfortably. They drew have been in Congress. We have an op- week by the other body. It is a very, very quiet as her story unfolded. The portunity this year to actually reduce very important issue. So I want to industry representatives, the HMO rep- the national debt. spend a little bit of time to talk to my resentatives who were in that com- What would be the benefit of that? colleagues about this issue. mittee room, they averted their eyes. Well, it would help reduce interest Mr. Speaker, many health plans de- She continued: ‘‘Since that day, I rates for everyone in the country. That vise their own arbitrary guidelines and have lived with this act and many oth- makes a big difference if one is paying definitions for ‘‘medical necessity.’’ ers eating into my heart and soul. For for a house or buying a car. By reduc- For example, one HMO defines ‘‘med- me, a physician is a professional ing that total debt that the country ical necessity’’ as the cheapest, least charged with the care of healing of his has, which is over $5 trillion, by reduc- expensive care, without any qualifica- or her fellow human beings. The pri- ing that now, it gives us some cushion tion ensuring that patients will still mary ethical norm is do no harm. I did for what we will have to spend later on receive quality health care coverage. worse. I caused death.’’ when the baby boomers retire. We might ask, how is it that HMOs She continued, ‘‘Instead of using a Those are just some commonsense are allowed to do that? That is not the clumsy, bloody weapon, I used the recommendations to my colleagues on case for the majority of insurance com- cleanest, simplest of tools: My words. both sides of the aisle. panies who sell to individual people. This man died because I denied him a H5452 CONGRESSIONAL RECORD — HOUSE July 13, 1999 necessary operation to save his heart. I sity by defining it as: The cheapest, cover about one quarter of the people felt little pain or remorse at the time. least expensive care as determined by in this country. There was an amend- The man’s faceless distance soothed us. So well, what could be wrong with ment to make it cover everyone in this my conscience. Like a skilled soldier, I that? What is wrong with the cheapest, country, these patient protections. was trained for the moment. When any least expensive care? Getting up and arguing against it were moral qualms arose, I was to remem- Well, before I came to Congress and my GOP colleagues by saying, hey, we ber, I am not denying care, I am only in some surgical trips that I make should not interfere with the States’s denying payment.’’ abroad I still do this, I took care of a ability, States’s rights, let the States She continued: ‘‘At that time, that lot of children with cleft lips and pal- decide this. The only problem with this helped me avoid any sense of responsi- ates. Let me show the birth defect of is that it is Federal law that has ex- bility for my decisions. Now I am no one of these children. This is a little empted State regulation and State longer willing to accept the escapist baby born with a complete cleft lip and oversight. reasoning that allowed me to ration- palate. This occurs about one in 500 I want to see in a few days if my col- alize that action.’’ births, so it is pretty frequent. A huge leagues will talk the same tune when b 2215 hole right in the middle of the face. we are talking about liability. It was Imagine being a mom or dad and giving Federal law that gave a liability shield I accept my responsibility now for birth to a little baby with this birth to HMOs so that if they do negligent, that man’s death as well as for the im- defect, and then think of that HMO malicious behavior that results in in- measurable pain and suffering many that defines medical necessity as the jury, loss of limb, or death that they other decisions of mine caused. cheapest, least expensive care. are not responsible. Well, at that point Ms. Peeno de- Mr. Speaker, the prevailing standard Let me give an example of what I am scribed many ways managed care plans of care, a standard that we have used talking about in terms of what HMOs deny care, but she emphasized one in in this country for over 200 years, have done. This is the case of a little 6- particular: The right to decide what would say the prevailing standard of month-old boy. A little 6-month-old care is medically necessary. She said, care to fix this defect in the roof of this boy in Atlanta, Georgia, actually lives quote, ‘‘There is one last activity that child’s mouth is a surgical operation to south of Atlanta, Georgia, woke up one I think deserves a special place on this fix that. I have done hundreds of those night crying about 3:00 in the morning list, and this is what I call the ‘‘smart operations. That is the standard care and had a temperature of 104 and bomb’’ of cost containment, and that is everywhere in the world. However, that looked really sick. His mother thought medical necessity denials. Even when HMO, by its contractual language, can he needed to go to the emergency medical criteria is used, it is rarely de- say but the cheapest, least expensive room. This is this little boy tugging on veloped in any kind of standard tradi- care would be to use what is called a his sister’s sleeve before his HMO tional clinical process. It is rarely plastic obturator. It would be like an health care. So his mother phoned the standardized across the field. The cri- upper denture plate. That way the food 1–800 number and she is told, ‘‘We will teria are rarely available for prior re- will not go up into the roof of the authorize you to go to an emergency view by the physicians or the members mouth, up into the nasal passages so room, but we will only let you go to of the plan. And we have enough expe- much. this one hospital a long ways away. rience from history to demonstrate the Of course, with that little plastic de- And if you go to a nearer one, we will consequences of secretive unregulated vice which would be the cheapest, least not cover it.’’ systems that go awry.’’ expensive care, the child will probably So Dad gets in the car, Mom wraps Well, Mr. Speaker, the room was never speak as good as if the child had up little Jimmy and they start on their stone quiet. The chairman of the com- a surgical correction of this birth de- trek. About halfway through the trip, mittee mumbled ‘‘thank you.’’ This fect. But so what does the HMO care? they pass three hospital emergency medical reviewer could have rational- They are increasing their bottom line, rooms. Mom and Dad are not health ized her decisions as so many have their profits. And furthermore, under professionals. They know Jimmy is done. She could have said, ‘‘I was just Federal law they can define it any way sick but they do not know how sick, working within guidelines’’ or ‘‘I was they want to by their contractual lan- but they do know if they stop without just following orders.’’ We have heard guage if one happens to get their insur- an authorization, they could get stuck that one before. Or, ‘‘We have to save ance from an employer. with thousands of dollars of bills be- resources.’’ Or, ‘‘Well, this is not about Mr. Speaker, I think that is a trag- cause their HMO will not pay for it. So treatment, it is really about benefits.’’ edy. I think that is a travesty. Con- they push on to that one authorized But this HMO reviewer refused to gress created that law 25 years ago hospital. continue this type of psychological de- never expecting that this type of be- What happens? En route, little Jim- nial and she will do penance for her havior would be done by HMOs. Yet 50 my’s eyes roll back in his head, he sins the rest of her life. And to atone percent of the reconstructive surgeons stops breathing, he has a cardiac ar- for that she is exposing the dirty little who take care of children with this rest. Picture Mom and Dad, Dad driv- secret of HMOs determining medical birth defect have had HMOs deny oper- ing like crazy, Mom trying to keep her necessity. ations to surgically correct this condi- little infant alive to get to the emer- Mr. Speaker, if there is only one tion by calling them, quote, ‘‘cosmetic gency room. Somehow or other they thing my colleagues learn before vot- operations.’’ manage to get to the emergency room. ing on patient protection legislation, I This is not a cosmetic operation. Cos- Mom holding little Jimmy leaps out beg them to listen to the following: be- metic operations are repairing baggy the car screaming, ‘‘Help my baby, help fore voting on any patient protection eyelids or a face lift. This is a birth de- my baby.’’ A nurse comes out and legislation, keep in mind the fact that fect. Prevailing standards of care starts to give mouth-to-mouth resus- no amount of procedural protection or would say surgical correction, not a citation. They bring out the crash cart schemes of external review can help pa- piece of plastic shoved up into the roof and get him intubated and get the lines tients if insurers are legislatively of a patient’s mouth with food and going and give him medicines and given broad powers to determine what fluid coming out of their nose. somehow or other this little baby lives. standards will be used to make deci- Who would do that, some would ask? But he does not live whole. sions about coverage. As Ms. Peeno so Well, it happens. And we need to fix the Because he has had that cardiac ar- poignantly observed, insurers now rou- Federal law that keeps that happening. rest en route to the hospital, the only tinely make treatment decisions by de- What else about that Federal law needs one authorized by that HMO which has termining what goods or services they to be fixed? Well, over the last few days made that medical decision, he ends up will pay for. I have watched the debate up here on with gangrene of both hands and both Let me give an example of how they the Hill in the other body. There was feet and both hands and both feet have can arbitrarily determine medical ne- an amendment that dealt with who to be amputated. cessity. There is a health plan out would be covered by patient protection Here is little Jimmy today. I talked there that determines medical neces- legislation. The GOP bill would only to his mom about 6 weeks ago. Jimmy July 13, 1999 CONGRESSIONAL RECORD — HOUSE H5453 is learning to put on his leg prostheses than they have anywhere else in the countable for their decisions, are more care- with his arm stumps. He still cannot country. Did it mean that managed ful making get on his bilateral hook prostheses for care would die out in Texas? No. Sev- those decisions. his hands by himself. Jimmy will never eral years ago, there were 30 HMOs in Doctors report health plans are less likely to play basketball. He will certainly Texas. Today, there are 51. That law is drag their feet, for instance, and less likely never wrestle. And some day when he working. It did not result in a huge to deny treatments doctors believe are need- gets married, he will never be able to number of lawsuits, and it has not re- ed. caress the face of the woman that he sulted in a big increase in premiums There’s no reason to believe a national law loves with his hand. like all the HMOs would have us be- would produce any different results, Mr. Speaker, under Federal law if lieve. continues this editorial. one’s little baby had this happen to Let me read today an editorial from USA Today. The title of this is, ‘‘Why Studies by the Congressional Budget Office them and their insurance was from and the nonprofit Kaiser Family Foundation their employer who had a self-insured should law protect HMOs that injure find HMO liability would produce negligible plan and their plan had made that deci- patients?’’ premium hikes. Only industry-sponsored sion, that negligent decision which had Last July, Joseph Plocica’s health plan studies find otherwise. resulted in this disaster, under Federal discharged him from a hospital, against the Lawmakers would do well to look at the law that plan would be liable for noth- advice of his psychiatrist, who said the Fort facts before leaving this critical patient Worth resident had suicidal depression re- right on the cutting room floor. ing other than the cost of the amputa- quiring continued help, according to a law- tions. suit. That night, Plocica proved his doctor Mr. Speaker, I do not think we Is that fair? Is that the way it is if right and his health plan wrong. He drank a should hesitate about having HMOs be one buys insurance as an individual half-gallon of antifreeze and died 8 days responsible, despite the fact that the from a plan that is covered by State later. HMO industry has spent more than regulation? No. So, Mr. Speaker, I As terrible as this story is, at least $100,000 per Congressman lobbying would say to my colleagues, my col- Plocica’s bereaved family has more rights against a strong Patients’ Bill of leagues in the other body and my col- than most. A sweeping 1997 Texas law let Rights. Surveys show that, despite all leagues in this body, when we get a them sue Plocica’s health plan for mal- that advertising, that money spent on practice. chance to vote on whether health plans That’s a right denied to the roughly 120 advertising by the insurance and HMO ought to be liable for decisions that million other Americans who receive their industry for the last 2 years, there has they make that result in this type of health care through work. This week, the been no significant change in public negligence, a judge reviewed this case. federal law that protects those health plans opinion about the quality of HMO care. A judge looked at the case. He said from lawsuits is the focus of a contentious Despite tens of millions of dollars of that the margins of safety by this HMO Senate debate over patients’ rights. advertising, a recent Kaiser survey were, quote, ‘‘razor thin.’’ I would add The central question: Should HMOs, which often make life and death decisions about shows no change in public opinion: 77 to that, about as razor thin as the scal- treatments, be legally accountable when percent favor access to specialists, 83 pels that had to remove little Jimmy’s their decisions go tragically wrong? percent favor independent review, 76 hands and feet. Like Mr. Plocica who drank anti- percent favor emergency room cov- Mr. Speaker, I say to my friends on freeze or little Jimmy here who lost his erage, 70 percent favor the right to sue both sides of the aisle and in the other hands and feet. one’s HMO. Other surveys show that 85 body, when we get a chance to vote on ‘‘Right now’’, the USA Today edi- percent of the public think Congress whether a health plan should be re- torial continues, should fix these HMO abuses. sponsible for their actions that result the answer is no, although that is a luxury If these concerns are not addressed, I in this type of injury, think, especially no doctor, and no other business, enjoy. think the public will see examples like my fellow Republicans, think about The provision might have made sense when this, and they will ultimately reject how we always say as Republicans, hey, it was passed by Congress in 1974 as part of the market model as it now exists. people should be responsible for their a law designed to protect workers’ pensions. Most employees were covered by old-style However, if we can enact true managed actions. Do not we say that? If some- care reform such as that embodied by body is able-bodied and they can work, fee-for-service insurance plans and payment disputes took place after health care had my own Managed Care Reform Act of they ought to be responsible for pro- been delivered. So a law limiting recovery to 1999 or the Dingell or the Norwood viding for their family? Do not we say the cost of care did not hurt anybody. But bills, then consumer rejection of a that if somebody kills somebody or is a today, more than 80 percent of workers are market model will be less likely. rapist that they ought to be respon- in managed care plans that actively direct Common sense, responsible proposals what treatments parents received. sible for their criminal behavior? to regulate managed care plans are not How can we then say that an HMO Unfortunately, despite efforts in Texas and a rejection of the market model of which makes this type of decision that a few other states to find ways around this health care. In fact, they are just as results in this type of injury should not law, the gaping liability loophole is not like- ly to be closed nationwide any time soon likely to have the opposite effect. They also be responsible? There is no other unless Congress acts. will preserve the market model by sav- entity, no other business, no other in- ing it from its own most irresponsible dividual in this country that has that Insurance and business groups have mounted an aggressive fight against a version of the and destructive tendencies. type of legal protection. It is wrong. It Patients’ Bill of Rights that allows patients Mr. Speaker, let us pass real HMO re- should be fixed. to sue. They say opening up HMOs to law- The State of Texas fixed this 2 years form. Let us learn from States like suits will result in a flood of litigation and Texas. After all, is it not Republicans ago. They made their health plans lia- kill cost control by doing little too improve ble. Now, of course this is being chal- quality care. who often say that the States are the lenged because of the ERISA law. But But in Texas, where these same groups laboratories of democracy? Yes, let us since that time there has not been an made all the same arguments, the reality is have some insurance tax incentives. far from different. But let us be very careful about repeat- explosion of lawsuits. There has only No flood of lawsuits. Only a handful of been one. I will read about it in a few ing some mistakes that have been cases have been filed against HMO plans in made with ERISA in the past that led minutes. But why has there not been? Texas since the challenge to the law was to fraud in regards to association Because health plans suddenly realized overturned last fall. This is due, in part, to that they cannot cut corners like they another feature of that 1997 law, which re- health plans. did with this little boy or they are quires swift independent review of disputes. Finally, the Speaker of the House going to be liable. They are going to be Rates have not shot up. In the two years told me before the July 4th recess that since the law was passed, HMO premiums in responsible. it was his intent to have HMO reform the state are almost exactly where they legislation on the floor by the middle b 2230 stood in 1995. Cost increases in Dallas and of July. Well, Mr. Speaker, here we are. Houston were below the national average Did it significantly increase pre- last year. According to my watch, it is now the miums in Texas? No. Premiums in Quality may be improving. News accounts middle of July, and we have no date Texas have not gone up any higher from Texas suggests that HMOs, now ac- yet even for a full committee mark-up H5454 CONGRESSIONAL RECORD — HOUSE July 13, 1999 in the House of Representatives. Why? ANNOUNCEMENT BY THE SPEAKER The motion was agreed to; accord- Well because it is not clear that an- PRO TEMPORE ingly (at 10 o’clock and 42 minutes other HMO protection bill could make The SPEAKER pro tempore (Mr. p.m.), the House adjourned until to- it through committee. Too many Re- GARY MILLER of California). The Chair morrow, Wednesday, July 14, 1999, at 10 publicans and Democrats of each com- will remind all Members to refrain a.m. mittee want to see some real reform to from references to the Senate includ- f prevent this type of tragedy, real re- ing the characterization of Senate ac- EXECUTIVE COMMUNICATIONS, form, not a fig-leaf piece of legislation. tion and the urging of the Senate to ETC. I think there are even majority votes take certain action. in both the Committee on Education f Under clause 8 of rule XII, executive and the Workforce and the Committee communications were taken from the on Commerce for strong medical neces- LEAVE OF ABSENCE Speaker’s table and referred as follows: sity and enforcement measures. Maybe By unanimous consent, leave of ab- 2984. A letter from the Under Secretary, that is the reason why the committee sence was granted to: Rural Development, Department of Agri- chairmen are not moving ahead. Maybe Ms. BALDWIN (at the request of Mr. culture, transmitting the Department’s final GEPHARDT) for today after 5:30 p.m. and rule—Community Facilities Grant Program that is why the leadership of this (RIN: 0575–AC10) received June 9, 1999, pursu- House is not telling them to get their Wednesday, July 14 when on account of illness in the family. ant to 5 U.S.C. 801(a)(1)(A); to the Committee act in order, get this to the floor. on Agriculture. Mr. HASTINGS of Florida (at the re- Well, the Senate is debating HMO re- 2985. A letter from the Secretary of De- quest of Mr. GEPHARDT) for today on form this week. So let us see what hap- fense, transmitting notification that the account of official business. Secretary has approved the retirement of pens there. Mrs. THURMAN (at the request of Mr. I think today the Washington Post Lieutenant General George A. Fisher, Jr., GEPHARDT) for today on account of ill- United States Army, and his advancement to called it about right when it referenced ness in the family. the grade of lieutenant general on the re- the GOP Senate bill. It said, ‘‘The Re- f tired list; to the Committee on Armed Serv- publican bill professes to provide many ices. of the same protections, but the fine SPECIAL ORDERS GRANTED 2986. A letter from the Assistant General print often belies its claims. Among By unanimous consent, permission to Counsel for Regulations, Department of much else, it turns out to apply only to address the House, following the legis- Housing and Urban Development, transmit- some plans and to only about one- lative program and any special orders ting the Department’s final rule—Single Family Mortgage Insurance; Informed Con- fourth as many people as the Demo- heretofore entered, was granted to: (The following Members (at the re- sumer Choice Disclosure Notice [Docket No. cratic bill would cover.’’ FR–4411–F–02] (RIN: 2502–AH30) received June The Post then talked about the GOP quest of Mr. PALLONE) to revise and ex- 15, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to criticisms of the Democratic bill, tend their remarks and include extra- the Committee on Banking and Financial ‘‘Critics say that the Democratic bill, neous material:) Services. by weakening the cost-containment in- Mr. PALLONE, for 5 minutes, today. 2987. A letter from the Assistant Secretary, Mr. LIPINSKI, for 5 minutes, today. dustry, would drive up costs.’’ The Post Office of Special Education and Rehabilita- Ms. JACKSON-LEE of Texas, for 5 min- continues, ‘‘Our contrary sense is that, tive Services, Department of Education, utes, today. transmitting Notice of Final Funding Prior- in the long run, it would strengthen Ms. WOOLSEY, for 5 minutes, today. ities for Fiscal Year 1999 for New Awards cost containment by requiring that it Ms. SCHAKOWSKY, for 5 minutes, under the Assistive Technology Act Tech- be done in a balanced way’’, exactly today. nical Assistance Program, pursuant to 20 the sentiments that I expressed a few Mr. STUPAK, for 5 minutes, today. U.S.C. 1232(f); to the Committee on Edu- minutes ago. Mr. CUMMINGS, for 5 minutes, today. cation and the Workforce. Today the Washington Post closed Mr. HOYER, for 5 minutes, today. 2988. A letter from the Director, Office of that editorial by saying, ‘‘The risks of (The following Members (at the re- Regulatory Management and Information, Environmental Protection Agency, transmit- increased costs tend to be exaggerated quest of Mr. MICA) to revise and extend their remarks and include extraneous ting the Agency’s final rule—National Emis- in debate. The managed care industry sion Standards for Hazardous Air Pollutants says that, by and large, it already does material:) for Source Categories: Off-Site Waste and most of the modest amount this bill Mr. BEREUTER, for 5 minutes, today. Recovery Operations [FRL–6377–5] (RIN: 2060– Mr. BURTON of Indiana, for 5 minutes would require of it. If so, the added AH96) received July 9, 1999, pursuant to 5 on July 20. cost can hardly be as great as the crit- U.S.C. 801(a)(1)(A); to the Committee on Mr. DEMINT, for 5 minutes on July 14. ics contend.’’ Commerce. Mr. RAMSTAD, for 5 minutes, today. 2989. A letter from the Special Assistant to Mr. Speaker, when we are talking Mr. FOSSELLA, for 5 minutes on July the Chief, Mass Media Bureau, Federal Com- about the cost for a strong Patients’ 14. munications Commission, transmitting the Bill of Rights, we are talking about (The following Member (at her own Commission’s final rule—Amendment of Sec- something in the range of $36 per year request) to revise and extend her re- tion 73.202(b), Table of Allotments, FM for a family of four. Is that not worth marks and include extraneous mate- Broadcast Stations. (Zapata, Texas) [MM it to prevent an HMO tragedy like hap- rial:) Docket No. 98–133 RM–9314] received June 28, pened to this little boy? Mrs. MALONEY of New York, for 5 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the minutes, today. Committee on Commerce. Mr. Speaker, please keep your prom- 2990. A letter from the Secretary, Federal ise. By next week, we should have de- f Trade Commission, transmitting the Com- bated HMO reform in full committee, BILL PRESENTED TO THE mission’s final rule—Guides for the Watch and we should be headed to the floor. Is PRESIDENT Industry—received June 9, 1999, pursuant to 5 that going to be the situation? Or is it U.S.C. 801(a)(1)(A); to the Committee on the Speaker’s intention to try to limit Mr. THOMAS, from the Committee Commerce. debate on this important issue by put- on House Administration, reported 2991. A letter from the Assistant Secretary ting it right up against August recess, that that committee did on this day for Legislative Affairs, Department of State, present to the President, for his ap- transmitting certification of a proposed li- when Members have planned vacations cense for defense articles and defense serv- with their families, in order to limit proval, a bill of the House of the fol- lowing title: ices to Greece [Transmittal No. DTC 111–98], debate. pursuant to 22 U.S.C. 2776(c); to the Com- Well, Mr. Speaker, if that is so, it On July 12, 1999: mittee on International Relations. H.R. 4. To declare it to be the policy of the will be seen for what it really is, a cyn- 2992. A letter from the Assistant Secretary United States to deploy a national missile for Legislative Affairs, Department of State, ical abuse of scheduling because the defense. leadership of this House really does not transmitting certification of a proposed f Manufacturing License Agreement for the want a full debate on protecting pa- ADJOURNMENT export of defense services to the United tients. Mr. Speaker, I hope that is not Kingdom [Transmittal No. DTC 5–99], pursu- the case. The victims of managed care Mr. GANSKE. Mr. Speaker, I move ant to 22 U.S.C. 2776(c); to the Committee on and their families are watching. that the House do now adjourn. International Relations. July 13, 1999 CONGRESSIONAL RECORD — HOUSE H5455 2993. A letter from the Assistant Secretary 3005. A letter from the Chief, Office of Reg- River Mile 469.2–470.5, Cincinnati, OH for Legislative Affairs, Department of State, ulations and Administrative Law, USCG, De- [CGD08–99–041] (RIN: 2115–AE46) received transmitting certification of a proposed partment of Transportation, transmitting June 24, 1999, pursuant to 5 U.S.C. Manufacturing and Technical Assistance the Department’s final rule—Safety Zone: 801(a)(1)(A); to the Committee on Transpor- Agreement for the export of defense services Virginia Beach Weekly Fireworks Display, tation and Infrastructure. under a contract to the Netherlands and Ger- Rudee Inlet, Virginia Beach, Virginia, and 3015. A letter from the Chief, Office of Reg- many, pursuant to 22 U.S.C. 2776(d); to the Atlantic Ocean, Coastal Waters, between ulations and Administrative Law, USCG, De- Committee on International Relations. 17th and 20th Street, Virginia Beach, Vir- partment of Transportation, transmitting 2994. A letter from the Assistant Secretary ginia [CGD 05–99–041] (RIN: 2115–AA97) re- the Department’s final rule—Safety Zone: for Legislative Affairs, Department of State, ceived June 24, 1999, pursuant to 5 U.S.C. Sag Harbor Fireworks Display, Sag Harbor transmitting notification that effective May 801(a)(1)(A); to the Committee on Transpor- Bay, Sag Harbor, NY [CGD01–99–072] (RIN: 23, 1999, the danger pay rate for Sierra Leone tation and Infrastructure. 2115–AA97) received June 24, 1999, pursuant to is designated at the 25% level, pursuant to 5 3006. A letter from the Chief, Office of Reg- 5 U.S.C. 801(a)(1)(A); to the Committee on U.S.C. 5928; to the Committee on Inter- ulations and Administrative Law, USCG, De- Transportation and Infrastructure. national Relations. partment of Transportation, transmitting 3016. A letter from the Chief, Office of Reg- 2995. A letter from the Under Secretary for the Department’s final rule—Safety Zone: ulations and Administrative Law, USCG, De- Export Administration, Department of Com- Salvage of Sunken Fishing Vessel CAPE partment of Transportation, transmitting merce, transmitting notification that since a FEAR, Buzzards Bay, MA [CGD01 99–078] the Department’s final rule—Safety Zone: report on February 25, 1999, the U.S. Depart- (RIN: 2115–AA97) received June 24, 1999, pur- Heritage of Pride Fireworks, Hudson River, ment of Commerce has issued additional ex- suant to 5 U.S.C. 801(a)(1)(A); to the Com- New York [CGD01–99–056] (RIN: 2115–AA97) port licenses for commercial communica- mittee on Transportation and Infrastruc- received June 24, 1999, pursuant to 5 U.S.C. tions satellites and related items under the ture. 801(a)(1)(A); to the Committee on Transpor- Department’s jurisdiction; to the Committee 3007. A letter from the Chief, Regulations tation and Infrastructure. on International Relations. and Administrative Law, USCG, Department f 2996. A letter from the Director of the of Transportation, transmitting the Depart- Peace Corps, transmitting the semi-annual ment’s final rule—Drawbridge Operation REPORTS OF COMMITTEES ON report of the Inspector General of the Peace Regulation; Bayou Des Allemands, LA PUBLIC BILLS AND RESOLUTIONS Corps for the period beginning October 1, 1998 (CGD08–99–040) received June 24, 1999, pursu- and ending March 31, 1999, pursuant to 5 ant to 5 U.S.C. 801(a)(1)(A); to the Committee Under clause 2 of rule XIII, reports of U.S.C. app. (Insp. Gen. Act) section 5(b); to on Transportation and Infrastructure. committees were delivered to the Clerk the Committee on Government Reform. 3008. A letter from the Chief, Office of Reg- for printing and reference to the proper 2997. A letter from the Chairman, Federal ulations and Administrative Law, USCG, De- calendar, as follows: Deposit Insurance Corporation, transmitting partment of Transportation, transmitting Mrs. MYRICK: Committee on Rules. House the Corporation’s 1998 CFOA Report, pursu- the Department’s final rule—Drawbridge Resolution 245. Resolutions Providing for ant to 31 U.S.C. 9106; to the Committee on Regulations: Hackensack River, NJ [CGD01– consideration of the bill (H.R. 1691) to pro- Government Reform. 99–059] received June 24, 1999, pursuant to 5 tect religious liberty (Rept. 106–229). Re- 2998. A letter from the Director, Adminis- U.S.C. 801(a)(1)(A); to the Committee on ferred to the House Calendar. tration and Management, Office of the Sec- Transportation and Infrastructure. retary of Defense, transmitting a report of 3009. A letter from the Chief, Office of Reg- Mr. YOUNG of Alaska: Committee on Re- vacancy; to the Committee on Government ulations and Administrative Law, USCG, De- sources. H.R. 535. A bill to direct the Sec- Reform. partment of Transportation, transmitting retary of the Interior to make corrections to 2999. A letter from the Secretary of Edu- the Department’s final rule—Drawbridge Op- a map relating to the Coastal Barrier Re- cation, transmitting the twentieth Semi- eration Regulations: Hackensack River, NJ sources System (Rept. 106–230). Referred to annual Report to Congress on Audit Follow- [CGD01–99–084] received June 24, 1999, pursu- the Committee of the Whole House on the Up, covering the period from October 1, 1998, ant to 5 U.S.C. 801(a)(1)(A); to the Committee State of the Union. to March 31, 1999, pursuant to Public Law on Transportation and Infrastructure. Mr. KOLBE: Committee on Appropriations. 100–504, section 106(b) (102 Stat. 2526); to the 3010. A letter from the Chief, Office of Reg- H.R. 2490. A bill making appropriations for Committee on Government Reform. ulations and Administrative Law, USCG, De- the Treasury Department, the United States 3000. A letter from the Director, Office of partment of Transportation, transmitting Postal Service, the Executive Office of the Surface Mining, Department of the Interior, the Department’s final rule—Safety Zone: President, and certain Independent Agencies, transmitting the Department’s final rule— Glen Cove, New York Fireworks, Hempstead for the fiscal year ending Septmber 30, 2000, Indiana Regulatory Program [SPATS No. Harbor, NY [CGD01–99–042] (RIN: 2115–AA97) and for other purposes (Rept. 106–231). Re- IN–145–FOR; State Program Amendment No. received June 24, 1999, pursuant to 5 U.S.C. ferred to the Committee of the Whole House 98–1] received June 9, 1999, pursuant to 5 801(a)(1)(A); to the Committee on Transpor- on the state of the Union. U.S.C. 801(a)(1)(A); to the Committee on Re- tation and Infrastructure. f sources. 3011. A letter from the Chief, Office of Reg- 3001. A letter from the Acting Assistant ulations and Administrative Law, USCG, De- PUBLIC BILLS AND RESOLUTIONS Attorney General, Department of Justice, partment of Transportation, transmitting Under clause 2 of rule XII, public transmitting the 1997 annual report on the the Department’s final rule—Special Regula- bills and resolutions were introduced activities and operations of the Public Integ- tions: Skull Creek, Hilton Head, SC [CGD07– and severally referred, as follows: rity Section, Criminal Division, and report- 99–037] (RIN: 2115–AE47) received June 24, ing on the nationwide federal law enforce- 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the By Mr. ARCHER: ment effort against public corruption, pursu- Committee on Transportation and Infra- H.R. 2488. A bill to amend the Internal Rev- ant to 28 U.S.C. 529; to the Committee on the structure. enue Code of 1986 to reduce individual in- Judiciary. 3012. A letter from the Chief, Office of Reg- come tax rates, to provide marriage penalty 3002. A letter from the Assistant Secretary ulations and Administrative Law, USCG, De- relief, to reduce taxes on savings and invest- for Legislative Affairs, Department of State, partment of Transportation, transmitting ments, to provide estate and gift tax relief, transmitting the Department’s final rule— the Department’s final rule—Safety Zone: to provide incentives for education savings Visas: Documentation of Nonimmigrants— Cocos Lagoon, Guam [COTP GUAM 99–011] and health care, and for other purposes; to Passport and Visa Waivers; Deletion of Obso- (RIN: 2115–AA97) received June 24, 1999, pur- the Committee on Ways and Means. lete Visa Procedures and other Minor Correc- suant to 5 U.S.C. 801(a)(1)(A); to the Com- By Mr. CRANE (for himself, Mr. RAN- tions [Public Notice 3048] received May 11, mittee on Transportation and Infrastruc- GEL, Mr. ROYCE, Mr. PAYNE, Mr. 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the ture. LEVIN, Mr. MCDERMOTT, Mr. JEFFER- Committee on the Judiciary. 3013. A letter from the Chief, Office of Reg- SON, and Mr. HOUGHTON): 3003. A letter from the Assistant Secretary ulations and Administrative Law, USCG, De- H.R. 2489. A bill to authorize a new trade for Legislative Affairs, Department of State, partment of Transportation, transmitting and investment policy for sub-Sahara Africa; transmitting a report entitled ‘‘Report of the Department’s final rule—Safety Zone: to the Committee on International Rela- Denial of Visas to Confiscators of American Clamfest Fireworks, Sandy Hook Bay, Atlan- tions, and in addition to the Committees on Property’’; to the Committee on the Judici- tic Highlands, New Jersey [CGD01–99–071] Banking and Financial Services, and Ways ary. (RIN: 2115–AA97) received June 24, 1999, pur- and Means, for a period to be subsequently 3004. A letter from the Executive Director, suant to 5 U.S.C. 801(a)(1)(A); to the Com- determined by the Speaker, in each case for Special Designee of the Governor, State mittee on Transportation and Infrastruc- consideration of such provisions as fall with- Properties Commission, transmitting notifi- ture. in the jurisdiction of the committee con- cation that the States of Georgia and South 3014. A letter from the Chief, Office of Reg- cerned. Carolina have agreed upon the location of ulations and Administrative Law, USCG, De- By Mr. KOLBE: the Georgia-South Carolina boundary from partment of Transportation, transmitting H.R. 2490. A bill making appropriations for Savannah to the lateral seaward boundary; the Department’s final rule—Special Local the Treasury Department, the United States to the Committee on the Judiciary. Regulations; 4th of July Celebration Ohio Postal Service, the Executive Office of the H5456 CONGRESSIONAL RECORD — HOUSE July 13, 1999 President, and certain Independent Agencies, MORELLA, Mr. PASCRELL, Mr. titles were introduced and severally re- for the fiscal year ending September 30, 2000, SANDLIN, and Mr. WEINER): ferred, as follows: and for other purposes; House Calendar No. H.R. 2498. A bill to amend the Public By Ms. LEE: 132. House Report No. 106–231. Health Service Act to provide for rec- H.R. 2501. A bill for the relief of Geert By Mr. COX: ommendations of the Secretary of Health Botzen; to the Committee on the Judiciary. H.R. 2491. A bill to amend section 213 of the and Human Services regarding the place- By Mr. OWENS: National Housing Act to authorize trusts to ment of automatic external defibrillators in H.R. 2502. A bill for the relief of Lawrence hold memberships in nonprofit cooperative Federal buildings in order to improve sur- Williams; to the Committee on the Judici- ownership housing corporations that own vival rates of individuals who experience car- ary. properties with mortgages insured under diac arrest in such buildings, and to estab- f such section; to the Committee on Banking lish protections from civil liability arising and Financial Services. from the emergency use of the devices; to PETITIONS, ETC. By Mr. ENGEL (for himself and Mr. the Committee on Commerce. LAZIO): By Mr. WEINER (for himself, Mr. Under clause 3 of rule XII, petitions H.R. 2492. A bill to amend title XVIII of the HYDE, Mr. CROWLEY, Mr. SHAYS, Ms. and papers were laid on the clerk’s Social Security Act to revise Medicare pay- RIVERS, Mrs. MORELLA, Mr. STARK, desk and referred as follows: ment policy with respect to home health Mr. KING, Mrs. LOWEY, Mr. UDALL of 33. The SPEAKER presented a petition of services furnished under the Medicare Pro- Colorado, Mr. SERRANO, Mrs. MCCAR- the Puerto Rico Bar Association Board of Di- gram; to the Committee on Ways and Means, THY of New York, Mr. MARKEY, Mr. rectors, relative to Resolution No. 34 peti- and in addition to the Committee on Com- KUCINICH, Mr. PALLONE, Mr. LARSON, tioning the President of the United States to merce, for a period to be subsequently deter- Mr. HALL of Ohio, Ms. LEE, and Mr. cease the target practices of the United mined by the Speaker, in each case for con- CAPUANO): States of North America at the island of sideration of such provisions as fall within H.R. 2499. A bill to amend title 49, United Vieques and adjacent water bodies; to the the jurisdiction of the committee concerned. States Code, to prohibit the operation of cer- Committee on Armed Services. By Ms. ESHOO (for herself, Mr. WALSH, tain aircraft not complying with stage 4 34. Also, a petition of the Legislature of Mr. MCNULTY, Mr. SWEENEY, and Mr. noise levels; to the Committee on Transpor- Rockland County, relative to Resolution No. REYNOLDS): tation and Infrastructure. 208 petitioning Congress to enact legislation H.R. 2493. A bill to declare as citizens of By Ms. WOOLSEY: prohibiting the physical destruction of the the United States certain women who lost H.R. 2500. A bill to establish demonstration American Flag by Constitutional Amend- citizenship solely by reason of marriage to projects to provide family income to respond ment; to the Committee on the Judiciary. an alien prior to September 22, 1922; to the to significant transitions, and for other pur- f Committee on the Judiciary. poses; to the Committee on Education and By Mr. HOSTETTLER (for himself, Mr. the Workforce. AMENDMENTS GOODLING, Mrs. CHENOWETH, Mr. By Mr. COOK: Under clause 8 of rule XVIII, pro- PAUL, Mr. PITTS, Mr. BUYER, Mr. H. Con. Res. 151. Concurrent resolution ex- posed amendments were submitted as ENGLISH, Mr. MCINTOSH, Mr. BURTON pressing the sense of the Congress that Fed- of Indiana, Mr. SCHAFFER, Mr. STUMP, eral funding for elementary and secondary follows: Mr. DOOLITTLE, Mr. STEARNS, Mr. teacher training be used first for activities H.R. 1691 SOUDER, Mr. SHOWS, Mr. BALDACCI, to advance science, mathematics, and engi- OFFERED BY MR. CONYERS and Mr. GARY MILLER of California): neering education for elementary and sec- (Amendment in the Nature of a Substitute) H.R. 2494. A bill to amend the Internal Rev- ondary teachers; to the Committee on Edu- AMENDMENT NO. 1: Strike all after the en- enue Code of 1986 to provide a religious ex- cation and the Workforce. acting clause and insert the following: emption from providing identifying numbers By Mr. MASCARA (for himself, Mr. SECTION 1. SHORT TITLE. for dependents to claim certain credits and WAMP, and Mr. ACKERMAN): deductions on a tax return; to the Com- This Act may be cited as the ‘‘Religious H. Con. Res. 152. Concurrent resolution ex- Liberty Protection Act of 1999’’. mittee on Ways and Means. pressing the sense of Congress that urgent SEC. 2. PROTECTION OF RELIGIOUS EXERCISE. By Mr. LIPINSKI: action is needed to limit the hardship en- (a) GENERAL RULE.—Except as provided in H.R. 2495. A bill to direct the Adminis- dured by senior citizens when meeting their subsection (b), a government shall not sub- trator of the Federal Aviation Administra- prescription drug needs; to the Committee stantially burden a person’s religious tion to issue regulations to limit the number on Commerce. exercise— of pieces of carry-on baggage that a pas- By Mr. GARY MILLER of California: (1) in a program or activity, operated by a senger may bring on an airplane; to the Com- H. Con. Res. 153. Concurrent resolution ex- government, that receives Federal financial mittee on Transportation and Infrastruc- pressing the sense of the Congress that Fed- assistance; or ture. eral funding for elementary and secondary (2) in any case in which the substantial By Mr. ORTIZ: teacher training be used first for science burden on the person’s religious exercise af- H.R. 2496. A bill to reauthorize the Junior scholarships for elementary and secondary fects, or in which a removal of that substan- Duck Stamp Conservation and Design Pro- teachers; to the Committee on Education tial burden would affect, commerce with for- gram Act of 1994; to the Committee on Re- and the Workforce, and in addition to the eign nations, among the several States, or sources. Committee on Science, for a period to be with Indian tribes; By Mr. PITTS (for himself, Mr. subsequently determined by the Speaker, in ENGLISH, Mr. BOEHLERT, Mr. WELDON each case for consideration of such provi- even if the burden results from a rule of gen- of Pennsylvania, Mr. HOEFFEL, Mr. sions as fall within the jurisdiction of the eral applicability. PETERSON of Pennsylvania, Mr. committee concerned. (b) EXCEPTION.—A government may sub- GREENWOOD, Mr. SAM JOHNSON of By Mr. KUYKENDALL (for himself, stantially burden a person’s religious exer- Texas, Mr. MCINTOSH, Mr. LARGENT, cise if the government demonstrates that ap- Mrs. JOHNSON of Connecticut, Mrs. Mr. BARR of Georgia, Mr. BARTLETT plication of the burden to the person— KELLY, Mrs. FOWLER, Mr. FOLEY, Ms. of Maryland, Mr. TANCREDO, Mrs. (1) is in furtherance of a compelling gov- DUNN, Mr. SHIMKUS, Mr. SHAYS, Ms. MORELLA, Mr. JONES of North Caro- ernmental interest; and JACKSON-LEE of Texas, Mr. BACHUS, lina, Mr. HOSTETTLER, Mr. DEMINT, (2) is the least restrictive means of fur- Mr. GALLEGLY, Mr. BARR of Georgia, Mr. GILMAN, and Mr. GOODE): thering that compelling governmental inter- Mr. SUNUNU, Mr. TALENT, Mr. GREEN H.R. 2497. A bill to amend the Internal Rev- est. of Wisconsin, Mr. SAXTON, Ms. PRYCE enue Code of 1986 to exclude from gross in- (c) REMEDIES OF THE UNITED STATES.— of Ohio, Mr. COOK, Mr. BLILEY, Mr. come gain on the sale or exchange of farm- Nothing in this section shall be construed to RAMSTAD, Mr. TANCREDO, Mr. BURTON land which by covenant is restricted to use authorize the United States to deny or with- of Indiana, Mrs. CAPPS, Mr. STEARNS, as farmland and to exclude the value of such hold Federal financial assistance as a rem- Mr. BLUNT, Mr. CUMMINGS, Mr. farmland from estate taxes; to the Com- edy for a violation of this Act. However, CHABOT, Ms. ESHOO, and Ms. NORTON): mittee on Ways and Means. H. Res. 244. Resolution expressing the sense nothing in this subsection shall be construed A- By Mr. STEARNS (for himself, Mr. R of the House of Representatives with regard to deny, impair, or otherwise affect any HALL, Mr. ABERCROMBIE, Mr. BARRETT to the United States Women’s Soccer Team right or authority of the Attorney General of Wisconsin, Mr. BILBRAY, Mr. BOEH- and its winning performance in the 1999 or the United States or any agency, officer, LERT, Mr. COOK, Mr. DAVIS of Vir- Women’s World Cup tournament. or employee thereof under other law, includ- ginia, Mr. DELAHUNT, Mr. DEUTSCH, ing section 4(d) of this Act, to institute or f Mr. FOLEY, Mr. GALLEGLY, Mr. intervene in any action or proceeding. GEKAS, Mr. GREENWOOD, Mr. GUTIER- PRIVATE BILLS AND SEC. 3. ENFORCEMENT OF CONSTITUTIONAL REZ, Mr. HILLIARD, Ms. HOOLEY of Or- RESOLUTIONS RIGHTS. egon, Mrs. JOHNSON of Connecticut, (a) PROCEDURE.—If a claimant produces Mr. MASCARA, Mr. MATSUI, Mr. MEE- Under clause 3 of rule XII, private prima facie evidence to support a claim al- HAN, Mrs. MINK of Hawaii, Mrs. bills and resolutions of the following leging a violation of the Free Exercise July 13, 1999 CONGRESSIONAL RECORD — HOUSE H5457 Clause or a violation of a provision of this U.S.C. 2000e–2(e)), or society, with respect to tablishment of religion (referred to in this Act enforcing that clause, the government the employment of individuals who perform section as the ‘‘Establishment Clause’’). shall bear the burden of persuasion on any duties such as spreading or teaching faith, Granting government funding, benefits, or element of the claim; however, the claimant other instructional functions, performing or exemptions, to the extent permissible under shall bear the burden of persuasion on assisting in devotional services, or activities the Establishment Clause, shall not con- whether the challenged government practice, relating to the internal governance of such stitute a violation of this Act. As used in law, or regulation burdens or substantially corporation, association, educational insti- this section, the term ‘‘granting’’, used with burdens the claimant’s exercise of religion. tution, or society in the carrying on of its respect to government funding, benefits, or (b) LAND USE REGULATION.— activities; or exemptions, does not include the denial of (1) LIMITATION ON LAND USE REGULATION.— (B) an entity employing 5 or fewer individ- government funding, benefits, or exemp- (A) Where, in applying or implementing uals; or tions. any land use regulation or exemption, or sys- (3) any other person, with respect to an as- SEC. 7. AMENDMENTS TO RELIGIOUS FREEDOM tem of land use regulations or exemptions, a sertion of any other claim or defense relat- RESTORATION ACT. government has the authority to make indi- ing to a law other than a law— (a) DEFINITIONS.—Section 5 of the Religious vidualized assessments of the proposed uses (A) prohibiting discrimination in housing Freedom Restoration Act of 1993 (42 U.S.C. to which real property would be put, the gov- and employment, except as described in 2000bb–2) is amended— ernment may not impose a substantial bur- paragraphs (1) and (2); or (1) in paragraph (1), by striking ‘‘a State, den on a person’s religious exercise, unless (B) prohibiting discrimination in a public or subdivision of a State’’ and inserting ‘‘a the government demonstrates that applica- accommodation. covered entity or a subdivision of such an en- tion of the burden to the person is in further- SEC. 5. RULES OF CONSTRUCTION. tity’’; ance of a compelling governmental interest (a) RELIGIOUS BELIEF UNAFFECTED.—Noth- (2) in paragraph (2), by striking ‘‘term’’ and is the least restrictive means of fur- ing in this Act shall be construed to author- and all that follows through ‘‘includes’’ and thering that compelling governmental inter- ize any government to burden any religious inserting ‘‘term ‘covered entity’ means’’; and est. belief. (3) in paragraph (4), by striking all after (B) No government shall impose or imple- (b) RELIGIOUS EXERCISE NOT REGULATED.— ‘‘means,’’ and inserting ‘‘any exercise of reli- ment a land use regulation in a manner that Nothing in this Act shall create any basis for gion, whether or not compelled by, or central does not treat religious assemblies or insti- restricting or burdening religious exercise or to, a system of religious belief, and includes tutions on equal terms with nonreligious as- for claims against a religious organization, (A) the use, building, or conversion of real semblies or institutions. including any religiously affiliated school or property by a person or entity intending that (C) No government shall impose or imple- university, not acting under color of law. property for religious exercise; and (B) any ment a land use regulation that discrimi- (c) CLAIMS TO FUNDING UNAFFECTED.— conduct protected as exercise of religion nates against any assembly or institution on Nothing in this Act shall create or preclude under the first amendment to the Constitu- the basis of religion or religious denomina- a right of any religious organization to re- tion.’’. tion. ceive funding or other assistance from a gov- (b) CONFORMING AMENDMENT.—Section 6(a) (D) No government with zoning authority ernment, or of any person to receive govern- of the Religious Freedom Restoration Act of shall unreasonably exclude from the jurisdic- ment funding for a religious activity, but 1993 (42 U.S.C. 2000bb–3(a)) is amended by tion over which it has authority, or unrea- this Act may require government to incur striking ‘‘and State’’. sonably limit within that jurisdiction, as- expenses in its own operations to avoid im- SEC. 8. DEFINITIONS. semblies or institutions principally devoted posing a burden or a substantial burden on As used in this Act— to religious exercise. religious exercise. (1) the term ‘‘religious exercise’’ means (2) FULL FAITH AND CREDIT.—Adjudication (d) OTHER AUTHORITY TO IMPOSE CONDI- any exercise of religion, whether or not com- of a claim of a violation of the Free Exercise TIONS ON FUNDING UNAFFECTED.—Nothing in pelled by, or central to, a system of religious Clause or this subsection in a non-Federal this Act shall— belief, and includes (A) the use, building, or forum shall be entitled to full faith and cred- (1) authorize a government to regulate or conversion of real property by a person or it in a Federal court only if the claimant had affect, directly or indirectly, the activities entity intending that property for religious a full and fair adjudication of that claim in or policies of a person other than a govern- exercise; and (B) any conduct protected as the non-Federal forum. ment as a condition of receiving funding or exercise of religion under the first amend- (3) NONPREEMPTION.—Nothing in this sub- other assistance; or ment to the Constitution; section shall preempt State law that is (2) restrict any authority that may exist (2) the term ‘‘Free Exercise Clause’’ means equally or more protective of religious exer- under other law to so regulate or affect, ex- that portion of the first amendment to the cise. cept as provided in this Act. Constitution that proscribes laws prohib- SEC. 4. JUDICIAL RELIEF. (e) GOVERNMENTAL DISCRETION IN ALLE- iting the free exercise of religion and in- (a) CAUSE OF ACTION.—A person may assert VIATING BURDENS ON RELIGIOUS EXERCISE.—A cludes the application of that proscription a violation of this Act as a claim or defense government may avoid the preemptive force under the 14th amendment to the Constitu- in a judicial proceeding and obtain appro- of any provision of this Act by changing the tion; priate relief against a government. Standing policy that results in the substantial burden (3) the term ‘‘land use regulation’’ means a to assert a claim or defense under this sec- on religious exercise, by retaining the policy law or decision by a government that limits tion shall be governed by the general rules of and exempting the burdened religious exer- or restricts a private person’s uses or devel- standing under article III of the Constitu- cise, by providing exemptions from the pol- opment of land, or of structures affixed to tion. icy for applications that substantially bur- land, where the law or decision applies to (b) ATTORNEYS’ FEES.—Section 722(b) of the den religious exercise, or by any other means Revised Statutes (42 U.S.C. 1988(b)) is one or more particular parcels of land or to that eliminates the substantial burden. amended— land within one or more designated geo- (f) EFFECT ON OTHER LAW.—In a claim graphical zones, and where the private per- (1) by inserting ‘‘the Religious Liberty under section 2(a)(2) of this Act, proof that a Protection Act of 1998,’’ after ‘‘Religious son has an ownership, leasehold, easement, substantial burden on a person’s religious ex- servitude, or other property interest in the Freedom Restoration Act of 1993,’’; and ercise, or removal of that burden, affects or (2) by striking the comma that follows a regulated land, or a contract or option to ac- would affect commerce, shall not establish quire such an interest; comma. any inference or presumption that Congress (c) PRISONERS.—Any litigation under this (4) the term ‘‘program or activity’’ means intends that any religious exercise is, or is Act in which the claimant is a prisoner shall a program or activity as defined in para- not, subject to any other law. be subject to the Prison Litigation Reform graph (1) or (2) of section 606 of the Civil (g) BROAD CONSTRUCTION.—This Act should Act of 1995 (including provisions of law Rights Act of 1964 (42 U.S.C. 2000d–4a); be construed in favor of a broad protection of amended by that Act). (5) the term ‘‘demonstrates’’ means meets (d) AUTHORITY OF UNITED STATES TO EN- religious exercise, to the maximum extent the burdens of going forward with the evi- FORCE THIS ACT.—The United States may sue permitted by its terms and the Constitution. dence and of persuasion; and for injunctive or declaratory relief to enforce (h) SEVERABILITY.—If any provision of this (6) the term ‘‘government’’— compliance with this Act. Act or of an amendment made by this Act, or (A) means— (e) PERSONS WHO MAY RAISE A CLAIM OR any application of such provision to any per- (i) a State, county, municipality, or other DEFENSE.—A person who may raise a claim son or circumstance, is held to be unconsti- governmental entity created under the au- or defense under subsection (a) is— tutional, the remainder of this Act, the thority of a State; (1) an owner of a dwelling described in sec- amendments made by this Act, and the ap- (ii) any branch, department, agency, in- tion 803(b) of the Fair Housing Act (42 U.S.C. plication of the provision to any other per- strumentality, subdivision, or official of an 3603(b)), with respect to a prohibition relat- son or circumstance shall not be affected. entity listed in clause (i); and ing to discrimination in housing; SEC. 6. ESTABLISHMENT CLAUSE UNAFFECTED. (iii) any other person acting under color of (2) with respect to a prohibition against Nothing in this Act shall be construed to State law; and discrimination in employment— affect, interpret, or in any way address that (B) for the purposes of sections 3(a) and 5, (A) a religious corporation, association, portion of the first amendment to the Con- includes the United States, a branch, depart- educational institution (as described in 42 stitution prohibiting laws respecting an es- ment, agency, instrumentality or official of H5458 CONGRESSIONAL RECORD — HOUSE July 13, 1999 the United States, and any person acting (D) No government with zoning authority ceive funding or other assistance from a gov- under color of Federal law. shall unreasonably exclude from the jurisdic- ernment, or of any person to receive govern- H.R. 1691 tion over which it has authority, or unrea- ment funding for a religious activity, but sonably limit within that jurisdiction, as- this Act may require government to incur OFFERED BY: MR. NADLER semblies or institutions principally devoted expenses in its own operations to avoid im- (Amendment in the Nature of a Substitute) to religious exercise. posing a burden or a substantial burden on AMENDMENT NO. 2: Strike all after the en- (2) FULL FAITH AND CREDIT.—Adjudication religious exercise. acting clause and insert the following: of a claim of a violation of the Free Exercise (d) OTHER AUTHORITY TO IMPOSE CONDI- SECTION 1. SHORT TITLE. Clause or this subsection in a non-Federal TIONS ON FUNDING UNAFFECTED.—Nothing in This Act may be cited as the ‘‘Religious forum shall be entitled to full faith and cred- this Act shall— Liberty Protection Act of 1999’’. it in a Federal court only if the claimant had (1) authorize a government to regulate or SEC. 2. PROTECTION OF RELIGIOUS EXERCISE. a full and fair adjudication of that claim in affect, directly or indirectly, the activities (a) GENERAL RULE.—Except as provided in the non-Federal forum. or policies of a person other than a govern- subsection (b), a government shall not sub- (3) NONPREEMPTION.—Nothing in this sub- ment as a condition of receiving funding or stantially burden a person’s religious section shall preempt State law that is other assistance; or exercise— equally or more protective of religious exer- (2) restrict any authority that may exist (1) in a program or activity, operated by a cise. under other law to so regulate or affect, ex- government, that receives Federal financial SEC. 4. JUDICIAL RELIEF. cept as provided in this Act. assistance; or (a) CAUSE OF ACTION.—A person may assert (e) GOVERNMENTAL DISCRETION IN ALLE- (2) in any case in which the substantial a violation of this Act as a claim or defense VIATING BURDENS ON RELIGIOUS EXERCISE.—A burden on the person’s religious exercise af- in a judicial proceeding and obtain appro- government may avoid the preemptive force fects, or in which a removal of that substan- priate relief against a government. Standing of any provision of this Act by changing the tial burden would affect, commerce with for- to assert a claim or defense under this sec- policy that results in the substantial burden eign nations, among the several States, or tion shall be governed by the general rules of on religious exercise, by retaining the policy with Indian tribes; standing under article III of the Constitu- and exempting the burdened religious exer- even if the burden results from a rule of gen- tion. cise, by providing exemptions from the pol- eral applicability. (b) ATTORNEYS’ FEES.—Section 722(b) of the icy for applications that substantially bur- (b) EXCEPTION.—A government may sub- Revised Statutes (42 U.S.C. 1988(b)) is den religious exercise, or by any other means stantially burden a person’s religious exer- amended— that eliminates the substantial burden. cise if the government demonstrates that ap- (1) by inserting ‘‘the Religious Liberty (f) EFFECT ON OTHER LAW.—In a claim plication of the burden to the person— Protection Act of 1998,’’ after ‘‘Religious under section 2(a)(2) of this Act, proof that a (1) is in furtherance of a compelling gov- Freedom Restoration Act of 1993,’’; and substantial burden on a person’s religious ex- ernmental interest; and (2) by striking the comma that follows a ercise, or removal of that burden, affects or (2) is the least restrictive means of fur- comma. would affect commerce, shall not establish thering that compelling governmental inter- (c) PRISONERS.—Any litigation under this any inference or presumption that Congress est. Act in which the claimant is a prisoner shall intends that any religious exercise is, or is (c) REMEDIES OF THE UNITED STATES.— be subject to the Prison Litigation Reform not, subject to any other law. Nothing in this section shall be construed to Act of 1995 (including provisions of law (g) BROAD CONSTRUCTION.—This Act should authorize the United States to deny or with- amended by that Act). be construed in favor of a broad protection of hold Federal financial assistance as a rem- (d) AUTHORITY OF UNITED STATES TO EN- religious exercise, to the maximum extent edy for a violation of this Act. However, FORCE THIS ACT.—The United States may sue permitted by its terms and the Constitution. nothing in this subsection shall be construed for injunctive or declaratory relief to enforce (h) SEVERABILITY.—If any provision of this to deny, impair, or otherwise affect any compliance with this Act. Act or of an amendment made by this Act, or right or authority of the Attorney General (e) PERSONS WHO MAY RAISE A CLAIM OR any application of such provision to any per- or the United States or any agency, officer, DEFENSE.—A person who may raise a claim son or circumstance, is held to be unconsti- or employee thereof under other law, includ- or defense under subsection (a) is— tutional, the remainder of this Act, the ing section 4(d) of this Act, to institute or (1) an owner of a dwelling described in sec- amendments made by this Act, and the ap- intervene in any action or proceeding. tion 803(b) of the Fair Housing Act (42 U.S.C. plication of the provision to any other per- son or circumstance shall not be affected. SEC. 3. ENFORCEMENT OF CONSTITUTIONAL 3603(b)), with respect to a prohibition relat- RIGHTS. ing to discrimination in housing; SEC. 6. ESTABLISHMENT CLAUSE UNAFFECTED. (a) PROCEDURE.—If a claimant produces (2) with respect to a prohibition against Nothing in this Act shall be construed to prima facie evidence to support a claim al- discrimination in employment— affect, interpret, or in any way address that leging a violation of the Free Exercise (A) a religious corporation, association, portion of the first amendment to the Con- Clause or a violation of a provision of this educational institution (as described in 42 stitution prohibiting laws respecting an es- Act enforcing that clause, the government U.S.C. 2000e–2(e)), or society, with respect to tablishment of religion (referred to in this shall bear the burden of persuasion on any the employment of individuals who perform section as the ‘‘Establishment Clause’’). element of the claim; however, the claimant duties such as spreading or teaching faith, Granting government funding, benefits, or shall bear the burden of persuasion on other instructional functions, performing or exemptions, to the extent permissible under whether the challenged government practice, assisting in devotional services, or activities the Establishment Clause, shall not con- law, or regulation burdens or substantially relating to the internal governance of such stitute a violation of this Act. As used in burdens the claimant’s exercise of religion. corporation, association, educational insti- this section, the term ‘‘granting’’, used with (b) LAND USE REGULATION.— tution, or society in the carrying on of its respect to government funding, benefits, or (1) LIMITATION ON LAND USE REGULATION.— activities; or exemptions, does not include the denial of (A) Where, in applying or implementing (B) an entity employing 5 or fewer individ- government funding, benefits, or exemp- any land use regulation or exemption, or sys- uals; or tions. tem of land use regulations or exemptions, a (3) any other person, with respect to an as- SEC. 7. AMENDMENTS TO RELIGIOUS FREEDOM government has the authority to make indi- sertion of any other claim or defense relat- RESTORATION ACT. vidualized assessments of the proposed uses ing to a law other than a law— (a) DEFINITIONS.—Section 5 of the Religious to which real property would be put, the gov- (A) prohibiting discrimination in housing Freedom Restoration Act of 1993 (42 U.S.C. ernment may not impose a substantial bur- and employment, except as described in 2000bb–2) is amended— den on a person’s religious exercise, unless paragraphs (1) and (2); or (1) in paragraph (1), by striking ‘‘a State, the government demonstrates that applica- (B) prohibiting discrimination in a public or subdivision of a State’’ and inserting ‘‘a tion of the burden to the person is in further- accommodation. covered entity or a subdivision of such an en- ance of a compelling governmental interest SEC. 5. RULES OF CONSTRUCTION. tity’’; and is the least restrictive means of fur- (a) RELIGIOUS BELIEF UNAFFECTED.—Noth- (2) in paragraph (2), by striking ‘‘term’’ thering that compelling governmental inter- ing in this Act shall be construed to author- and all that follows through ‘‘includes’’ and est. ize any government to burden any religious inserting ‘‘term ‘covered entity’ means’’; and (B) No government shall impose or imple- belief. (3) in paragraph (4), by striking all after ment a land use regulation in a manner that (b) RELIGIOUS EXERCISE NOT REGULATED.— ‘‘means,’’ and inserting ‘‘any exercise of reli- does not treat religious assemblies or insti- Nothing in this Act shall create any basis for gion, whether or not compelled by, or central tutions on equal terms with nonreligious as- restricting or burdening religious exercise or to, a system of religious belief, and includes semblies or institutions. for claims against a religious organization, (A) the use, building, or conversion of real (C) No government shall impose or imple- including any religiously affiliated school or property by a person or entity intending that ment a land use regulation that discrimi- university, not acting under color of law. property for religious exercise; and (B) any nates against any assembly or institution on (c) CLAIMS TO FUNDING UNAFFECTED.— conduct protected as exercise of religion the basis of religion or religious denomina- Nothing in this Act shall create or preclude under the first amendment to the Constitu- tion. a right of any religious organization to re- tion.’’. July 13, 1999 CONGRESSIONAL RECORD — HOUSE H5459

(b) CONFORMING AMENDMENT.—Section 6(a) H.R. 2466 SEC. ll. (a) Notwithstanding any other of the Religious Freedom Restoration Act of OFFERED BY: MR. STEARNS provision of law, no funds made available 1993 (42 U.S.C. 2000bb–3(a)) is amended by under this Act may be expended to approve AMENDMENT NO. 18: Page 87, line 25, insert striking ‘‘and State’’. class III gaming on Indian lands by any the following before the period: SEC. 8. DEFINITIONS. means other than a Tribal-State compact en- As used in this Act— , except that 95 percent of such amount shall tered into between a State and a tribe. be allocated among the States on the basis of (1) the term ‘‘religious exercise’’ means (b) For the purposes of this section, the population for grants under section 5(g) not- any exercise of religion, whether or not com- terms ‘‘class III gaming’’, ‘‘Indian lands’’, withstanding sections 5(g)(3) and pelled by, or central to, a system of religious and ‘‘Tribal-State compact’’ shall have the 11(a)(1)(A)(ii) of the Act belief, and includes (A) the use, building, or meaning given those terms in the Indian conversion of real property by a person or H.R. 2466 Gaming Regulatory Act (25 U.S.C. 2701 et entity intending that property for religious OFFERED BY: MR. STEARNS seq.). exercise; and (B) any conduct protected as AMENDMENT NO. 19: At the end of the bill exercise of religion under the first amend- H.R. 2466 add the following: ment to the Constitution; OFFERED BY: MR. WU (2) the term ‘‘Free Exercise Clause’’ means TITLE —STUDY OF FORT KING, that portion of the first amendment to the FLORIDA AMENDMENT NO. 21: Page 57, line 8, after Constitution that proscribes laws prohib- SEC. ll01. CONGRESSIONAL FINDINGS. the period add the following: ‘‘Of the funds iting the free exercise of religion and in- The Congress finds that— made available by this paragraph, $196,885,000 cludes the application of that proscription (1) the Second Seminole War, 1835–1842, is shall be for timber sales management, under the 14th amendment to the Constitu- an important period of conflict in the his- $120,475,000 shall be for wildlife and fisheries tion; tory of the Nation and lasted longer than habitat management, and $40,165,000 shall be (3) the term ‘‘land use regulation’’ means a any other armed conflict in which the Na- for watershed improvements.’’. law or decision by a government that limits tion participated, except the Vietnam War; OFFERED BY: MR. HOEFFEL or restricts a private person’s uses or devel- (2) Fort King, in central Florida, played an AMENDMENT NO. 1: Page 97, after line 13, in- opment of land, or of structures affixed to important historic role in the Second Semi- sert the following: land, where the law or decision applies to nole War as the site of the outbreak of hos- one or more particular parcels of land or to tilities between the United States Govern- STUDY ON USE OF ANTIQUES FIREARMS IN land within one or more designated geo- ment and the Seminole Indians of Florida, CRIME; REPORT TO THE CONGRESS graphical zones, and where the private per- who were led by Seminole Indian Chief Osce- SEC. ll. (a) FINDINGS.—The Congress finds son has an ownership, leasehold, easement, ola; that— servitude, or other property interest in the (3) Fort King represents a unique site for (1) recent events in Norristown, Pennsyl- regulated land, or a contract or option to ac- exploration and interpretation of the attack vania have focused the region’s attention on quire such an interest; that ignited the Second Seminole War on De- the issue of antique firearms and their use in (4) the term ‘‘program or activity’’ means cember 28, 1835; and violent crimes; a program or activity as defined in para- (4) Fort King and the surrounding area (2) antique firearms are not subject to the graph (1) or (2) of section 606 of the Civil contain materials and artifacts used in the same laws that regulate conventional fire- Rights Act of 1964 (42 U.S.C. 2000d–4a); attack and in the life of the Seminole Indi- arms; and (5) the term ‘‘demonstrates’’ means meets ans. the burdens of going forward with the evi- (3) statistics on the use of antique firearms SEC. ll02. REQUIREMENT OF STUDY. in crime are not consistently gathered, and dence and of persuasion; and The Secretary of the Interior (hereinafter (6) the term ‘‘government’’— crime perpetrated with antique firearms is in this title referred to as the ‘‘Secretary’’) not tracked. (A) means— shall conduct a study to identify potential (b) STUDY.—The Secretary of the Treasury (i) a State, county, municipality, or other means to preserve, develop, and interpret shall collect statistics on the use of antique governmental entity created under the au- Fort King, in central Florida, and the sur- firearms in crime, and shall conduct a study thority of a State; rounding area. As part of the study, the Sec- on the use of antique firearms in crime. For (ii) any branch, department, agency, in- retary shall propose alternatives for coopera- purposes of this section, the term ‘‘antique strumentality, subdivision, or official of an tion in the preservation and interpretation firearms’’ has the meaning given the term in entity listed in clause (i); and of Fort King and shall provide recommenda- section 921(a)(16) of title 18, United States (iii) any other person acting under color of tions with respect to the suitability and fea- Code. State law; and sibility of establishing Fort King as a unit of (B) for the purposes of sections 3(a) and 5, the National Park System. (c) REPORT.—Within 180 days after the date includes the United States, a branch, depart- of the enactment of this Act, the Secretary SEC. ll03. FINDINGS INCLUDED IN STUDY. ment, agency, instrumentality or official of of the Treasury shall submit to the Com- The study required by section ll02 shall the United States, and any person acting mittee on the Judiciary of the House of Rep- contain, but need not be limited to, findings under color of Federal law. resentatives and the Committee on the Judi- with respect to— H.R. 2415 ciary of the Senate a written report on the (1) the role played by Fort King in the Sec- statistics collected and the results of the OFFERED BY: MR. SANFORD ond Seminole War; study conducted under subsection (b). AMENDMENT NO. 1: Page 14, line 23, strike (2) identification of the historical, cul- ‘‘$17,500,000’’ and insert ‘‘$12,000,000’’. tural, and archaeological material found in H.R. 2490 H.R. 2415 Fort King and the surrounding area relating OFFERED BY: MR. MORAN OF KANSAS OFFERED BY: MR. SANFORD to life at the time of and preceding the Sec- AMENDMENT NO. 2. At the end of the bill, AMENDMENT NO. 2: Page 15, strike lines 19 ond Seminole War; and 20, and insert ‘‘$1,500,000 for the fiscal (3) the types of Federal, State, and local insert after the last section (preceding the year 2000.’’. programs that are available to preserve and short title) the following new section: l H.R. 2415 develop Fort King and the surrounding area SEC. . None of the funds made available and to make the fort and the surrounding in this Act may be used to implement any OFFERED BY: MR. SANFORD area accessible for public use and enjoyment; sanction imposed unilaterally by the United AMENDMENT NO. 3: Page 21, line 25, strike and States on private commercial sales of food or ‘‘such sums as may be necessary’’ and insert (4) the potential use of, and coordination any other agricultural product (excluding ‘‘$8,000,000’’. with, Federal, State, and local programs to Federal direct or guaranteed credit trans- H.R. 2466 manage, in the public interest, the historical actions) to a foreign country. OFFERED BY: MS. SLAUGHTER and cultural resources found at and around H.R. 2490 AMENDMENT NO. 16: Page 71, line 19, insert Fort King. ‘‘(reduced by $20,000,000)’’ after the dollar fig- SEC. ll04. CONGRESSIONAL REVIEW. OFFERED BY: MR. TIAHRT ure. The Secretary shall submit a report detail- (Page & line nos. refer to Full Committee Print) ing the results of the study required by sec- Page 87, line 19, insert ‘‘(increased by AMENDMENT NO. 3: Page 97, after line 13, in- tion ll02 to the committees of jurisdiction $10,000,000)’’ after the dollar figure. sert the following new section: of the House of Representatives and the Sen- SEC. 647. None of the funds appropriated by Page 88, line 18, insert ‘‘(increased by ate not later than 12 months after the date of the enactment of this Act. this or any other Act may be used by the $10,000,000)’’ after the dollar figure. United States Postal Service to implement, H.R. 2466 H.R. 2466 administer, or enforce the provisions of part OFFERED BY: MR. STEARNS OFFERED BY: MR. WELDON 111 of title 39 of the Code of Federal Regula- AMENDMENT NO. 17: Page 87, line 19, insert AMENDMENT NO. 20: At the end of the bill tions (relating to delivery of mail to a com- ‘‘(reduced by $2,087,500)’’ after the dollar fig- (before the short title), insert the following mercial mail receiving agency), other than ure. new section: as last in effect before April 26, 1999. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 106 CONGRESS, FIRST SESSION

Vol. 145 WASHINGTON, TUESDAY, JULY 13, 1999 No. 98 Senate (Legislative day of Monday, July 12, 1999)

The Senate met at 9:31 a.m., on the RECOGNITION OF THE ACTING we are looking forward to having some expiration of the recess, and was called MAJORITY LEADER surplus, that we say to the American to order by the President pro tempore The PRESIDING OFFICER (Mr. people: You have been overpaying your [Mr. THURMOND]. VOINOVICH). The acting majority leader taxes, and we want to give some of that is recognized. back to you. This is over and above So- cial Security, the amount of the pay- PRAYER f roll tax that is going to Social Secu- The Chaplain, Dr. Lloyd John SCHEDULE rity. So we are setting aside the Social Ogilvie, offered the following prayer: Mr. BROWNBACK. Mr. President, Security trust funds—a lockbox is Gracious God, You have shown us today the Senate will immediately pro- what we call it, a lockbox for the So- that there is no limit to the strength ceed to a period of morning business cial Security surplus—and with the re- You give when we unite in the cause until 10 a.m. Following morning busi- mainder talking about tax cuts, serious that You have guided. There is a won- ness, the Senate will resume consider- tax cuts. One issue we want to discuss this derful sense of oneness when we call on ation of the Patients’ Bill of Rights. morning is doing away with the mar- Your help together. You are delighted Debate will resume on the pending sec- riage penalty. It seems extraordinary when Your people work together in ond-degree amendment regarding to me that we would have a tax policy harmony to confront problems and dis- emergency medical care coverage. Fur- in this country that actually penalizes cover Your solutions. Help us see that ther amendments are expected to be of- people for getting married. With all the our task is not to defeat each other or fered and debated during today’s ses- problems we have with families in our simply to defend our points of view, sion, with votes to be scheduled for society, it seems, if anything, we would but to discuss issues in a way that all this afternoon. For the information of want to do just the opposite—we would aspects of truth are revealed and the all Senators, the Senate will recess want to give people a benefit for being best plan for America is agreed upon. from 12:30 to 2:15 p.m. for the weekly married rather than taxing them for So, together, Democrats and Repub- party conference meetings. When the being married. And yet the way the licans, we ask You to bless the debate Senate reconvenes at 2:15 p.m., Senator code has evolved, today 21 million on health care this week. Keep all the SMITH of New Hampshire will be recog- American married couples pay an aver- Senators united in the common goal of nized for up to 45 minutes. I thank my age of $1,400 more in taxes just for the working through the issues until they colleagues for their attention. can agree on what is best for all Ameri- privilege of being married. f I think that is wrong. The Govern- cans. Keep them and all who work with ment should not use the coercive power them focused on positive solutions. MORNING BUSINESS of the Tax Code to erode one of the Dear God, give us a win-win week for Mr. BROWNBACK. Mr. President, if I foundational units of our society, that the good of America and for Your could go ahead and proceed this morn- of marriage. We should stop the tax- glory. Amen. ing, Senator JOHN ASHCROFT, Senator ation. We should put a stop to the mar- KAY BAILEY HUTCHISON, and myself riage penalty tax. This year we can f have reserved 20 minutes to discuss change that. Chairman ROTH’s tax package and the I am encouraged that the chairman PLEDGE OF ALLEGIANCE marriage penalty in particular. So I of the Finance Committee, Senator will begin that initial discussion in ROTH, and his committee have put for- The PRESIDENT pro tempore. Sen- morning business. ward efforts to alleviate the marriage ator BROWNBACK is designated to lead f penalty. We have a unique opportunity the Senate in the Pledge of Allegiance. to put that issue behind us. The Honorable SAM BROWNBACK, a TAX CUTS I want to draw Senators’ attention to Senator from the State of Kansas, led Mr. BROWNBACK. Mr. President, the another issue under the marriage pen- the Pledge of Allegiance, as follows: chairman of the Finance Committee alty area which has not been talked I pledge allegiance to the flag of the United will be coming out with his mark on about that much. That is the earned- States of America, and to the Republic for tax cuts, and this is a critically impor- income tax credit bias against married which it stands, one Nation under God, indi- tant issue. It is an important one for couples. A significant share of the mar- visible, with liberty and justice for all. the country. It is important, now that riage penalty occurs to low-income

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

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. S8310 CONGRESSIONAL RECORD — SENATE July 13, 1999 couples. It is caused by the loss of the garding how the marriage penalty tax Senator ASHCROFT from Missouri, earned-income tax credit when individ- has directly impacted your lives. I have Senator BROWNBACK, I, and many oth- uals’ incomes are combined. had any number of couples write say- ers have been talking about the mar- What happens is, you have two-wage- ing: We wanted to get married but we riage penalty tax for two sessions, and earner families that, if they were not found out we were going to pay this even a session before that. married, if they were single and filing huge tax for getting married and we We were stunned when we discovered separately, would qualify for the could not afford to do that; this is 44 percent of married couples in the earned-income tax credit. But if they money we wanted to use for a down- middle-income brackets—in the $40,000 get married and they earn over this payment of a house or to get a car that to $60,000 range—were paying a penalty mark, they get penalized again for would work. just for the privilege of being married. being married. They were not able to do it because We have introduced legislation to cut Estimates by the CBO indicate that of the pernicious fiscal effect of the the marriage tax penalty. In fact, both what we can do is double, for two-wage- marriage penalty tax. It is a terrible the House and Senate have tax cut earner families, the amount of income signal we are sending across our soci- plans that we will be discussing over that can be received and still qualify ety. the next few months to try to deter- for the earned-income tax credit. Vir- Senator HUTCHISON from Texas has mine what we can give back to the tually all the benefits of this adjust- been a leader on this issue of dealing hard-working Americans who have ment in the earned-income tax credit with the marriage penalty tax. She has been sending their money to Wash- would go to couples with incomes come to the floor, as well, to discuss ington to fund our Government. below $50,000. There are nearly 3.7 mil- what we can do. Now is the time to When we start talking about how we lion couples in America today that do eliminate this marriage penalty tax. are going to give people their money not receive the earned-income tax I yield the floor. back, I think we have to step back and credit that would, if we double the f talk about the basic argument, which amount that they can make, still qual- is: What do we do with the surplus? ify for the earned-income tax credit. VISIT TO THE SENATE BY THE And are tax cuts the right way to spend I point this out because people strug- HONORABLE JOHN HOWARD, the surplus? gle mightily to raise families, and the PRIME MINISTER OF AUSTRALIA I will quote from a Ft. Worth Star- notion that we would tax and then tax Mr. HAGEL. Mr. President, I ask Telegram opinion piece by one of the again low-income families, keeping unanimous consent that Members of editorial writers on that newspaper, them from receiving a benefit because the Senate greet the Honorable John Bill Thompson, from June 30, 1999. they are married, makes absolutely no Howard, Prime Minister of Australia. He says there is only one question to policy sense at all. The PRESIDING OFFICER. Without ask about the budget surplus, and that I don’t see how on Earth anybody can objection, it is so ordered. is: argue this is a good idea or this is the f How should we go about giving the money right thing to do. I am hopeful the back to its rightful owners? chairman of the Finance Committee RECESS And the rightful owners, surely even the has focused on this. We can do this. I Mr. HAGEL. Mr. President, I ask biggest nitwit in Washington can under- hope the President will be willing to unanimous consent that the Senate stand, are the taxpayers of the United States work with Members of Congress in both now stand in recess for 5 minutes to of America. the House and the Senate in crafting a greet the Honorable John Howard, The federal government is not a private business that can do whatever it wants to tax package we can all agree with, so Prime Minister of Australia. with unexpected profits. the American people can stop over- There being no objection, the Senate, paying their taxes—which they are cur- at 9:45 a.m., recessed until 9:52 a.m.; Because, in fact, we are more of a co- rently doing. whereupon, the Senate reassembled op. We are not a business that is trying The CBO is now projecting an when called to order by the Presiding to make a profit and then decide what to do with the profits. onbudget surplus of $14 billion in fiscal Officer (Mr. VOINOVICH). year 2000, with the surplus growing to f . . . [T]here should be no discussion about $996 billion over the 10-year period be- the fate of the money. . . . ginning in fiscal year 2000. We have ORDER OF PROCEDURE If there is money left over, we give it this opportunity to eliminate the mar- Mrs. HUTCHISON. Mr. President, I back to the people who own that riage penalty tax and to do away with wonder how much time do we have re- money. We in Washington, DC. do not paying the marriage penalty tax on maining, with the added time based own that money. The people who upper-income levels and for those not upon the Prime Minister’s appearance? earned it own it. It is time we start being given the earned-income tax The PRESIDING OFFICER. The Sen- giving them back the money they have credit on the lower-income level. ator has 7 minutes. earned. Of course, the surging surplus I was Mrs. HUTCHISON. Mr. President, We are doing what we should be discussing is as a result of payroll tax then I ask you to notify me at 31⁄2 min- doing. We are cutting back Govern- receipts. I continue to emphasize that. utes. I intend to give the other 31⁄2 min- ment spending, so people can keep The majority side wants to put a utes to Senator ASHCROFT. more of the money they earn. If we do lockbox around any Social Security The PRESIDING OFFICER. The Sen- not give it back to them, we will be surplus and have that maintained only ator from Texas. abusing the power we have to tax the for Social Security. We can do these Mrs. HUTCHISON. I was very pleased people. We are talking about giving the things. We need to work across the to meet the Prime Minister from Aus- money back to the people who earn it, aisle. We need to work with the Presi- tralia. He asked me where I was from, and the first place we ought to look is dent. I hope he will be willing to work what State I represented. I said, ‘‘I rep- to people who are married who pay with Members as we move forward in resent the State that everyone says is more taxes just because they are mar- dealing with the marriage penalty tax, just like Australia.’’ He said, ‘‘Texas?’’ ried. If they were each single they which is a terrible signal to send across And I said, ‘‘Absolutely.’’ I had a won- would be paying lower taxes, but be- society, to send to people across Amer- derful visit with him. He has a wonder- cause they got married the average is ica. We will be working with the chair- ful personality. We are pleased to wel- $1,400 in the marriage penalty tax. man of the Finance Committee. I hope come him to the Senate. That is unconscionable. this is one tax that can find its death f Since 1969, we have seen the marriage in this round of tax cuts. We will hope- tax penalty get worse and worse and fully be going to reconciliation and dis- TAX CUTS worse. It was not meant to be that cussing tax cuts this month. It is a The PRESIDING OFFICER. The Sen- way. Congress did not intend to tax very important topic we will discuss. ator from Texas. married people more. But because more I encourage people paying a marriage Mrs. HUTCHISON. Mr. President, I women have gone into the workforce to penalty tax to contact Members re- thank Senator BROWNBACK. make ends meet and to do better for July 13, 1999 CONGRESSIONAL RECORD — SENATE S8311 their families, the Tax Code has gotten Medicare sounds tempting. But there’s a therefore, we are overpaying. No. 3, we skewed and the deductions have be- problem—two problems, actually. ought to refund that overpayment to come unfair. So today we are saying Problem No. 1 is that these breathtaking the American people. the first priority should be to elimi- estimates of budget surpluses totaling tril- I submit among those who ought to lions of dollars over the next 15 years are nate the tax that is more on married just that—estimates. An unexpected down- be the first in line to get money back people than it would be if they were turn in the nation’s economy could blow the are those who have been particularly single. projections sky high and leave the taxpayers abused, those who have been the sub- I yield the remainder of my time to with mind-boggling financial commitments ject of discrimination, those who have Senator ASHCROFT, who is working to those programs—and no money to meet been the subject of wrongful taking of with me on this very important issue. them. the money by Government. That is We will give the taxes that people are Problem No. 2: The commitment of future where you come to this class of people paying to the Government back to budget surpluses to these expensive entitle- who are not normally thought of as ments is a phony solution that distracts at- them because it does not belong to us. tention from the desperate need for funda- being a special class. They are married It belongs to the people who earn it. mental reforms to programs whose esca- people. Forty-two percent of all the Mr. President, I ask unanimous con- lating costs simply must be brought under married people in the United States sent the article by Bill Thompson be control sooner or later. end up penalized for being married. printed in the RECORD. President Clinton’s proposal to dedicate a That is 21 million families. Mr. Presi- There being no objection, the article portion of any budget surplus to pay down dent, 21 million families pay an aver- was ordered to be printed in the the national debt seems reasonable enough age of over $100 a month—that is $1,400 at firs glance. But consider this: How can RECORD, as follows: a year—because we have what is called Clinton brag about cutting up Washington’s THE BUDGET SURPLUS: THERE’S ONLY ONE credit card when his plan to pay off the the marriage penalty tax. TOPIC THAT NEEDS DISCUSSING card’s outstanding balance hinges on pro- Before we decide on tax relief for the (By Bill Thompson) jected income? population generally, let’s take some Nothing will get the politicians’ juices We should be paying off the debt with ac- of these gross inequities out of the sys- flowing like an avalanche of money. Put tual revenue that would be available for debt tem, especially inequities that target large piles of cash in front of a herd of politi- reduction if the government would cut ex- one of the most important, if not the cians, and the ensuing stampede will crush penses instead of constantly seeking new most important, components of the everything in its path. ways to spend the taxpayers’ money. community we call America—our fami- Nowhere is this truer than in Washington, No, this raging debate about how to spend the surplus is the wrong debate. The only lies. Our families are the most impor- D.C., where the latest predictions of bur- tant department of social services, the geoning federal budget surpluses have the question that politicians need to debate is president, Congress and everyone in between whether to give the money back to the tax- most important department of edu- all but trampling one another in their fervor payers in the form of a reduction in income cation. The most important funda- to dive into those irresistible mountains of tax rates, or through some sort of tax credit mental component of the culture is the money. that enables taxpayers to deduct their share family. It is where we will either suc- Not surprisingly, all the official and semi- of the surplus from their tax bills. ceed or fail in the next century. Our official public pronouncements, all the ex- The money belongs to the people. It should Tax Code has been focusing on those be returned to the people. pert analyses and all the wide-eyed specula- families and has been saying we are tion about the fate of the extra money seem The PRESIDING OFFICER (Mr. going to take from you more than we to arrive at the same conclusion: The politi- CRAPO). The Senator from Missouri. would take from anybody else. cians will spend it. Mr. ASHCROFT. Mr. President, I In fact, the only question that anyone This idea of penalizing people for thank the Senator from Texas for her being married is a bankrupt idea, and who’s anyone seems to be asking about this kind remarks and for allowing me to ‘‘windfall’’ revenue is: How should we spend it is time to take the marriage penalty it? speak on this important issue. part of this law and administer the Well, call me naive or simple-minded or Americans are now paying taxes at a death penalty to the marriage tax. just plain dumb—many readers do so on a higher rate than ever before. The bur- I say it is time for us to end the mar- regular basis, after all—but in my humble den and cost of the government are riage penalty. This will mean a sub- opinion the deep-thinkers are asking the more, and the Federal Government is stantial improvement in income for wrong question. The only legitimate ques- responsible for the overwhelming lion’s tion that anybody should be asking about people who have been suffering dis- share. As a matter of fact, we are not crimination because they are married. the federal budget surplus is: How should we just responsible for the Federal taxes, go about giving the money back to its right- It is time for us to end the marriage ful owners? because we have mandated so many penalty in the tax law. And the rightful owners, surely even the programs on State and local govern- The PRESIDING OFFICER. The time biggest nitwit in Washington can under- ments we are responsible for a lot of of the Senator has expired. stand, are the taxpayers of the United States what they are taxing people. So we are Mr. ASHCROFT. I thank the Chair. of America. being taxed at the highest rates in his- f The federal government is not a private tory—at the highest rates in history. business that can do whatever it wants to Now we announced, in spite of that, ORDER OF PROCEDURE with unexpected profits. It’s not even one of we are paying more in those taxes than those publicly traded corporations that can The PRESIDING OFFICER. The Sen- choose among options such as reinvesting in it costs to run Government. We are ator from Rhode Island is recognized. the company sharing the profits with em- paying more in than it costs to fund Mr. REED. Mr. President, I yield my- ployees or distributing the money to stock- the programs we are getting. If you go self 5 minutes of the allotted 10 min- holders by means of increased dividends. to a grocery store and you are buying utes, and I yield the remaining 5 min- Government collects money from citizens $8 worth of groceries and you give utes to the Senator from Maryland, in the form of taxes and fees for the purpose them a $10 bill, you are paying more Ms. MIKULSKI. of providing designated services to those than it costs for the service and they The PRESIDING OFFICER. The Sen- very same citizens. If for some reason the give you a couple of dollars in change. government should happen to collect more ator is recognized for 5 minutes. money than it needs to provide the des- There is a stunning debate in Wash- f ington. We are debating over whether ignated services, there should be no discus- CHILDREN’S HEALTH CARE sion about the fate of the money: It goes or not to give people the change back. back to the taxpayers who worked it over in They are paying more than is required Mr. REED. Mr. President, we are en- the first place. for the programs they have requested, gaged in a historic debate about the fu- For politicians and bureaucrats to suggest and we are debating whether or not we ture of health care in the United that they are so much as considering any are going to give them the change States. I have tried very diligently to other use of a budget surplus should be back. We ought to give the money ensure that children are a large part of looked upon as the worst sort of fiscal mal- feasance. back. They own it. They have overpaid. this debate. True enough, the idea of using some of the No. 1, we are paying the highest taxes In conjunction with those activities, budget surplus to bail out fiscally endan- in history. No. 2, those taxes pay for yesterday I had the opportunity to gered programs such as Social Security and more than what our programs cost; visit with pediatricians and pediatric S8312 CONGRESSIONAL RECORD — SENATE July 13, 1999 specialists in my State of Rhode Island a rose is a rose, a cardiologist is a car- thank him for his devotion and his gal- at Hasbro Children’s Hospital, an ex- diologist is a cardiologist, when, in lantry. I am happy to be an able mem- traordinary hospital in Rhode Island. I fact, a pediatric cardiologist is a very ber of the Reed platoon. am very proud of it. While listening to specific discipline requiring different I am pleased today to join with Sen- those professionals, I got a sense of the insights and different skills. ator BOB GRAHAM and other colleagues real needs we have to address in this We also have to recognize that many in speaking out about the people who debate on the Patients’ Bill of Rights. very talented pediatricians find them- go to an emergency room and want to First of all, there is tremendous frus- selves overwhelmed today with the be treated for their symptoms without tration by these physicians and med- young children they are seeing. I had fear of not having their visit covered ical professionals about their ability to one physician tell me he sees children by their HMO. When it comes to emer- care for children, their ability to effec- who have problems with deficit dis- gency care, people are afraid of both tively provide the kind of care which orders, problems with attention issues, the symptoms they face as well as parents assume they paid for when and they have prescribed some very so- being denied coverage by their insur- they enrolled in the HMO. They are phisticated pharmaceutical pills and ance company. frustrated by the mindless rules. For prescriptions that he, frankly, has ‘‘ER’’ is not just a TV show; it is a example, one physician related to me trouble managing because he is not a real-life situation which thousands of there is the standard practice of giving child psychiatrist. Yet they have dif- Americans face every day. Yet I hear a child a complete examination at the ficulty getting access from the general countless stories from friends and age of 1. He had a situation where a practitioner to the specialist, the child neighbors and constituents, as well as child came in at 11 months 28 days. psychologist to the child psychiatrist. from talking to ER docs in my own They performed the examination, and The other thing is, the system has State, who tell me they are afraid to the insurance company refused to pay been built upon adult standards. One of see their doctor or take their child or because, obviously, the child was not the great examples given to me is that parent to the emergency room because yet 1 year old. That is the type of in- there are new standards now to reim- they will not be reimbursed and will be credible, mindless bureaucracy these burse physicians when they are doing a saddled with debt. physicians are facing every day. physical, but they are based upon adult Patients must be covered for emer- I had another physician tell me—and standards. The important things a phy- gency visits that any prudent person this was startling to me—she was sician has to do to evaluate a child are would make. That means if they have treating a child for botulism. She was not even compensated because they are symptoms that any prudent person told the company was refusing to pay immaterial to an adult. Why would the says could constitute a threat to their after the second day. She called— company spend money paying a doctor life and safety, they should be reim- again, here is a physician who is spend- to do that? This whole bias towards bursed. The prudent layperson stand- ing valuable time calling to find out adults distorts the care for children in ard is at the heart of this amendment. why there is no reimbursement—and the United States. It is supported by the American Col- she was told simply by the reviewer— The Democratic alternative which is lege of Emergency Physicians which not a physician, the reviewer—that ac- being presented today recognizes these has stated that the way the Republican cording to the guidelines of that HMO, issues in a very pronounced and em- bill is written, it ‘‘must be interpreted no one can survive 2 days with a case of phatic way. We do explicitly provide as constraints on a patient’s use of the botulism; therefore, they were not pay- for access to pediatric specialists; we ‘prudent layperson’ standard.’’ ing for more than 2 days. Mercifully, do specifically require, in making judg- The Republican bill only goes part the child survived, and eventually I ments about health care, the develop- way. We need to restore common sense hope they were paid for their efforts. ment of a child must be considered as to our health care system. These are the kinds of frustrations part of the medical necessity test; and Let me give an example, the case of they experience. This is throughout the we also talk about developing stand- Jackie, a resident of Bethesda, MD. entire system of health care. There are ards, measurements, and evaluations of She went hiking in the Shenandoah some very specific issues when it health care plans that are based on mountains. She lost her footing and comes to children. One is the issue of children and not just adults. fell off a 40-foot cliff. She had to be air- developmental progress. An adult is I urge all of my colleagues to endorse lifted to a hospital. Thanks to our generally fully developed in cognition, this concept. The best reason to pass American medical system, she sur- in mobility, in all the things that chil- this Democratic alternative is to help vived. After she regained consciousness dren are still evolving. Yet managed the children of America. and was being treated at the hospital care plans seldom take into consider- The PRESIDING OFFICER. The Sen- for these severe injuries, Jackie ation the developmental consequences ator’s time has expired. learned that her HMO refused to pay of a decision when it comes to children. Mr. REED. I thank the Chair. her hospital bill because she did not Unless we require them to do that, The PRESIDING OFFICER. The Sen- get prior authorization. This is out- they will continue to avoid that par- ator from Maryland is recognized for 5 rageous. Imagine falling off of a 40-foot ticular aspect. So a child can be denied minutes. cliff, waking up in a hospital and being services. Ms. MIKULSKI. I thank the Chair. told that your HMO will not cover your For example, special formulas for in- f bills because you did not call while you fants can be denied because the HMO were unconscious. will say: Well, it is not life-threat- ACCESS TO EMERGENCY CARE In America, we think if you need ening; there is no serious, immediate Ms. MIKULSKI. Mr. President, I rise emergency care, you should be able to health consequence. But the problem, today to continue the discussion of the call 911, not your HMO’s 800 number. of course, is, unless the child gets this Patients’ Bill of Rights and lend my Incredibly, some of my colleagues in special nutrient, that child is not going voice to the Graham amendment for the Senate say that all these stories to develop in a healthy fashion. Five, access to emergency care without pen- are anecdotes and they are horror sto- six, seven, eight years from now, that alty by an HMO when any prudent per- ries. These are not anecdotes. We are child is going to have serious problems, son presents their symptoms. talking about people’s lives. but, in the view of an HMO, a dollar Before I do that, I congratulate the If you would come with me to the saved today is a dollar saved today. Oh, Senator from Rhode Island for his most emergency rooms at Johns Hopkins and by the way, that child probably eloquent and insightful remarks. For Hospital, the University of Maryland, will not even be in their health care my colleagues, the Senator from Rhode Salisbury General on a major highway system 5 years from now, the way par- Island has devoted his life to pro- on the Eastern Shore, all over the ents and employers change coverage. tecting the lives of Americans. As a State, you would learn that many peo- We have to focus on developmental West Point graduate serving in the ple come to the ER because of not only issues. We also have to ensure children U.S. military, he did that abroad, and accidents but they are experiencing have access to pediatric specialists. now he does it in the Senate Chamber symptoms where they wonder if their There is the presumption that a rose is standing up for America’s children. I life could be threatened or the life of July 13, 1999 CONGRESSIONAL RECORD — SENATE S8313 their child. The child is having acute to do with the Patients’ Bill of Rights. ployers start dropping that insurance. breathing, and you do not know if that Yesterday, the discussions began on It becomes too expensive for an indi- child is having an undetected asthma what I regard as a very significant, im- vidual to go out and purchase a policy, attack; or a man sitting at Oriole Park portant piece of legislation that is and therefore instead of having 43 mil- suddenly has shortness of breath, pains called the Patients’ Bill of Rights. The lion uninsured, you will have 44 mil- in his left side and leaves to go to the debates that we will be having on the lion, 45 million, or 46 million, all of ER at the University of Maryland next floor address really two underlying which is totally unacceptable. As to Camden Yards. Should they call 911 bills that were introduced formally trustees to the American people, we or should they call 800 HMO? I think yesterday: One is the Kennedy bill simply cannot let that happen. There- they should call 911, and they should from the Democratic side, and the fore, you will hear this quality and ac- worry about themselves and their fam- other is the Republican leadership bill. cess and patient protection discussion ily and not about reimbursement. Both bills set out to accomplish what I go on over the course of the week. So when we come to a vote, I really think we all absolutely must keep in Last night and today over the next 45 hope that we will pass the Graham mind as we go through this process, minutes or so we will be focusing on amendment. The Republicans say they and that is to make sure that we are this patient access to emergency med- have an alternative. But it does not focusing on the patients in improving ical care. Let me just say that I have guarantee that a patient can go to the the quality and the access of care for had the opportunity to work in emer- closest emergency room without finan- those patients and at the same time gency rooms in Massachusetts for cial penalty. Do not forget, it covers help this pendulum swing back to years, in California on and off for about only 48 million Americans; it leaves where patients and doctors are empow- a year and a half, in Tennessee for out 113 million other Americans. ered once again; not to have this be so about 6 years, and almost a year in Let’s do the right thing. Let’s make much in favor of managed care that, Southampton, England. sure that patients with insurance can- when it comes down to an individual Whether it is a laceration, whether it not be saddled with huge bills after patient versus managed care on certain is a sore throat, whether it is chest emergency treatment. issues, managed care enters into this pain, whether it is cardiogenic shock I thank the Senate and yield the realm of practicing medicine. from a heart attack, access to emer- floor. Again, I think if we keep coming gency room care is critically impor- The PRESIDING OFFICER. The time back to focusing on the individual pa- tant to all Americans. of the Senator has expired. tient, we are going to end up with a We have certain Federal legislation f very good bill. which guarantees that access, but it is We left off last night with the discus- clear there are certain barriers that CONCLUSION OF MORNING sion of the Graham amendment which are felt today by individuals that their BUSINESS focuses on emergency services. In the managed care plan is not going to The PRESIDING OFFICER. Morning Republican bill, basically there are a allow them to go to a certain emer- business is closed. list of patient protections which in- gency room or, once they go, those f clude a prohibition of gag clauses, ac- services are not covered. That is the cess to medical specialists, access to an gist of what we have in the Republican PATIENTS’ BILL OF RIGHTS ACT emergency room, which is the real OF 1999 bill—a very strong provision for pa- thrust of the Graham amendment, con- tient access to emergency medical The PRESIDING OFFICER. The Sen- tinuity of care—a range of issues that care. ate will now resume consideration of S. we call patient protections. This Republican provision, as re- A second very important part of our 1344, which the clerk will report. ported out of the Health, Education, bill focuses on quality and how we can The assistant legislative clerk read Labor, and Pension Committee where improve quality for all Americans. I as follows: this was debated several months ago, am very excited about that aspect of A bill (S. 1344) to amend the Public Health requires group health plans, covered by the bill. We will be discussing that Service Act, the Employee Retirement In- the scope of our bill, to pay, without later this week. That is our responsi- come Security Act of 1974, and the Internal any prior authorization, for an emer- Revenue Code of 1986 to protect consumers in bility as the Federal Government, to gency medical screening exam and sta- managed care plans and other health cov- invest in figuring out what good qual- bilization of whatever that problem erage. ity of care actually is. It is similar to is—whether it is cardiogenic shock, Pending: investing in the National Institutes of whether it is a laceration or a broken Daschle amendment No. 1232, in the nature Health: The research behind deter- of a substitute. mining where the quality is, and bone or falling down the steps or a bro- Daschle (for Kennedy) amendment No. 1233 spreading that information around the ken hip—to pay for that screening and (to Amendment No. 1232), to ensure that the country so that excellent quality can that stabilization process with no ques- protections provided for in the Patients’ Bill be practiced and people can have access tions asked—no authorization, no of Rights apply to all patients with private preauthorization, whether you are in health insurance. to that. A third component of the Republican the network or outside of the network. Nickles (for Santorum) amendment No. The prudent layperson standard is 1234 (to Amendment No. 1233), to do no harm bill which I think is, again, very impor- to Americans’ health care coverage, and ex- tant that we will keep coming back to, very important for people to under- pand health care coverage in America. is the access issue, the problem of 43 stand. The prudent layperson standard Graham amendment No. 1235 (to amend- million people in this country who are is at the heart of the Republican bill. ment No. 1233), to provide for coverage of uninsured. Some people say: No, that is We use the words ‘‘prudent layperson.’’ emergency medical care. a separate issue; we can put it off for By prudent layperson, we define it as Mr. FRIST addressed the Chair. another day. an individual who has an average The PRESIDING OFFICER. The Sen- But when you look at patient protec- knowledge of health and medicine. The ator from Tennessee. tions, you look at quality and you look example I have used before is, if you AMENDMENT NO. 1235 at access. It is almost like a triangle. If have a feeling in your chest, and you Mr. FRIST. Mr. President, I under- you push patient protections too far do not know if it is a heart attack or stand we are currently on the Graham you end up hurting access. If you push indigestion, and you go to the emer- amendment. Could you tell us how issues beyond what is necessary, to get gency room, a prudent layperson, an much time remains on either side? that balance between coordinated care average person, would go to the emer- The PRESIDING OFFICER. There and managed care and fee for service gency room in the event that that was are 33 minutes 8 seconds for the major- and individual physicians’ and pa- a heart attack, and therefore is the ity; and 7 minutes 59 seconds for the tients’ rights, if you get too far out of standard that is at the heart of the Re- minority. kilter, all of a sudden premiums go publican bill. Now, there are two issues Mr. FRIST. Thank you. sky-high. that need to be addressed. We talked Mr. President, today we will be talk- When premiums go sky-high in the about them a little bit yesterday. One ing about a number of issues that have private sector, employers, small em- is what happens with the S8314 CONGRESSIONAL RECORD — SENATE July 13, 1999 poststabilization period. You are at He certainly brings a great deal of per- work emergency services than they re- home. You have this feeling in your sonal experience and expertise to this quire for in-network services. chest. You go to the emergency room. issue. Mr. GRAHAM. Will the Senator yield Under our bill, you are screened; you I rise to speak on this issue of access for a question? are examined. Initial treatment sta- to emergency services and to explain Mr. HUTCHINSON. I will be glad to bilization of that condition is given. why I believe my colleagues should op- yield when I conclude my comments. Then the question is, What happens pose the Graham amendment. The Let me go ahead because I think I may with poststabilization? This is where I amendment tree to which the Graham answer many of those questions as I go have great concern in terms of what amendment was filed is now full. I through. my colleague from Florida has pro- alert my colleagues to an amendment I An individual who has sought emer- posed and what is in the underlying will be offering further along in the de- gency services from a nonparticipating Kennedy bill. That is, once you get in bate—I have been assured of the oppor- provider cannot be held liable for the door, you can’t open that door so tunity to do that—which will address charges beyond what that individual widely that any condition is taken care the concerns raised by Senator Graham would have paid for services from a of out of network. Why? Because it but, I think, addresses them in a far participating provider. blows open the whole idea of having co- more responsible way. Senator ENZI and I offered an amend- ment to this effect in the committee, ordinated care, having a more managed Mr. GRAMM. That is GRAHAM of and it was adopted by the committee. approach to the delivery of health care. Florida. This is a huge door you could get Mr. HUTCHINSON. The Senator from That amendment and the provision into. Then, once you get into that hos- Texas asks for that clarification. that is in the underlying Republican pital door, you might say: Well, I have I ask my colleagues to oppose the bill says that if a group health plan, other than a fully insured group health a little ache over here. Can you exam- amendment by Senator GRAHAM of plan, provides any benefits with re- ine that and put me through all the di- Florida, knowing they will have an op- spect to emergency medical care as de- agnostic tests, regardless of what my portunity to vote for a clarification fined in subsection (c), the plan shall health plan says and what I have con- amendment dealing with emergency cover emergency medical care under tracted with my health plan to do? services later on. That is where the concern is. The My amendment will remove the am- the plan in a manner so that if such care is provided to a participant or issue of poststabilization needs to be biguity that I think is so evident in the beneficiary by a nonparticipating addressed; we need to talk more about Graham amendment which will create health care provider, the participant or it. Over the course of last night and, such problems. The Republican provi- beneficiary is not liable for amounts actually, the last several weeks, we sion, as reported out of the HELP Com- that exceed the amounts of liability have worked very hard to look at that mittee, requires group health plans that would be incurred if the services poststabilization period. In just a covered by the scope of our bill to pay, were provided by a participating pro- minute, I will turn the floor over to my without prior authorization, for an vider. It is not going to cost the pa- colleague from Arkansas to talk more emergency medical screening exam and tient more if they go to a nonpartici- about that. any additional emergency care re- pating provider in that emergency The other issue is on cost sharing. quired to stabilize the emergency con- room than they would if they went to We need to make sure there is no bar- dition for an individual who has sought one that was within their network. rier there that would prevent some- emergency medical services as a pru- As I think was pointed out by my col- body going to the closest emergency dent layperson. league, Senator FRIST, and Senator room or the emergency room of choice. As I listened to the comments of the GRAHAM of Florida last evening, the distinguished Senator from Maryland, It is an issue, I believe, we, as a body, committee report language needs clari- Democrat and Republican, are obli- it is clear that what the Republican fication on the committee’s intention gated to address, to make sure that bill does and what my amendment will on cost sharing for in- and out-of-net- barrier is not there —again, returning do needs clarification for my col- work emergency services. My amend- to the patient so if the patient has any leagues, because Jackie, the example ment will certainly make that clari- question at all, they don’t have to that was given, would be covered, very fication. think about payment and barriers and clearly. The prior authorization issue My amendment will also improve the will they turn me away or, once I get is clearly covered. The closest emer- access to emergency services provision in the emergency room, will they gency room issue is covered. The pru- reported by the HELP Committee by refuse to treat, but basically can I get dent layperson definition is repeatedly requiring the plan to pay for necessary the necessary care. used. care provided in the emergency room That is what is in the Republican Prudent layperson is defined as an in- to maintain medical stability following bill. I am very proud of that. Can it be dividual who possesses an average the stabilization of an emergency med- improved? Let’s discuss it and see if knowledge of health and medicine. The ical condition until the plan contacts there is anything we can do to make it purpose of this provision is to ensure the nonparticipating provider to ar- better. that a person who has a reason to be- range for transfer or discharge. If the That is where we were yesterday, and lieve they are experiencing an emer- plan fails to respond within a very nar- that is where we are this morning. We gency, according to the prudent row, specific time period, the plan is will have a number of amendments as layperson standard, will not, cannot, responsible for necessary stabilizing we go forward. Right now we are on the be denied coverage. If they are diag- care in any setting, including in-pa- Graham amendment on emergency nosed with heartburn instead of a heart tient admission. services. attack, they are still going to be cov- We clearly state in the amendment At this juncture, on the amendment, ered under the prudent layperson defi- which I will offer that these stabilizing I yield the time necessary to the Sen- nition. services must be directly related to the ator from Arkansas. In addition, by eliminating the re- emergency condition that has been sta- The PRESIDING OFFICER. The Sen- quirement for prior authorization, no bilized. I think this was the point Sen- ator from Arkansas. prior authorization will be required. ator FRIST made so very eloquently: If Mr. HUTCHINSON. I thank my col- Jackie doesn’t have to make a phone you do not make that connection, if league, the distinguished Senator from call while she is unconscious; no one you do not have the requirement that Tennessee. I express not only my ap- has to make a phone call asking for it has to be related to the emergency preciation but the appreciation of all prior authorization. We ensure that in- condition that has been stabilized, then Senators for the expertise that Senator dividuals can go to the nearest emer- you truly have a loophole. You open FRIST brings to this important issue, as gency facility. the door that totally undermines the well as the care and compassion he has On the issue of cost sharing, plans concept of coordinated care. demonstrated throughout his career, may impose cost sharing on emergency To understand the true impact of the even during his time in the Senate, in services, but the cost-sharing require- Republican access to emergency serv- caring for other people in emergencies. ment cannot be greater for out-of-net- ices provision as clarified and improved July 13, 1999 CONGRESSIONAL RECORD — SENATE S8315 by my amendment, let me offer the fol- think it would be a serious mistake to Mr. HUTCHINSON. I will be glad to lowing scenarios and show how they take that language and to transport it do that this morning. are addressed by our provision in the into this very important bill. Mr. GRAHAM. Two, with reference to bill. Under this definition, a plan could poststabilization, what the current law Several examples have been repeated conceivably be required to pay for serv- for Medicare requires, and what this a number of times by my colleagues ices by a nonparticipating provider would require, is that the emergency across the aisle. Let me use their ex- that are completely unrelated to the room call the HMO and request the amples. They specifically mentioned emergency conditions for which that HMO’s authorization as to what treat- the case of a mother with a febrile patient was treated. To go in for one ment to provide in the child who called her health plan before particular emergency, and while you poststabilization environment. It is going to the emergency room and was are in that poststabilization period, to only when the HMO is unresponsive—in required to go to an in-network emer- say: By the way, I also have a problem the case of Medicare, within 1 hour. If gency facility, passing several nearby here and here; can you deal with that? they fail to respond, then the emer- facilities on the way. Her child, trag- And then require the plan to cover it, I gency room has the right to do what it ically, had a serious infection which, think that would be a very serious mis- thinks is medically necessary for the due to the delay in care, resulted in take. The confusion and the ambiguity patient. amputation. There were very moving in the language is further perpetuated Now, did the committee hear any tes- pictures of this particular child. Under by conflicting statements on the mean- timony that there had been major our bill, a mother with a sick child will ing of ‘‘poststabilization’’ found in abuses under the Medicare 1-hour-re- be able to access the closest emergency other places in the regulations. spond-to-call standard? room, and she won’t get stuck with the So my amendment will provide for Mr. HUTCHINSON. What I suggest to bill because she did not get prior au- timely coordination of care. It ensures the Senator is that my amendment will thorization. that the patient will receive the appro- make that same requirement, only In a case referred to by my colleague priate stabilizing services related to that the poststabilization services have to be related to the emergency room from North Dakota, Senator DORGAN, if their emergency medical condition. someone has taken a 40-foot fall and The prudent layperson standard event. Mr. GRAHAM. The question is, Was has been helicoptered to a hospital and assures that a plan cannot retrospec- there any testimony to the kinds of delivered to an emergency room in a tively deny coverage for an event that abuses you have outlined under the state of unconsciousness with fractured was felt to be an emergency medical current Medicare law? bones in three parts of her body, does condition at the time the individual Mr. HUTCHINSON. I am not certain that person have a right to emergency sought emergency care. It eliminates at this point. care under the Republican bill? The an- the prior authorization requirement so Mr. GRAHAM. Did the committee swer is yes, because we eliminate the an individual can go to the nearest hold hearings on this bill, and did they prior authorization requirement. The emergency facility and not have to not ask anybody what has happened case cited by my colleague from Mon- worry about whether they are going to under the 21⁄2 years of experience we tana, Mr. BAUCUS, where a woman be covered if they go to a nonpartici- have had with Medicare and Medicaid? came into an emergency room after pating provider and that they might Mr. HUTCHINSON. I say to the Sen- falling and sustaining a complex frac- get stuck with the bill. ator from Florida that, in fact, there ture to her elbow, and the emergency While my colleagues say they are are abuses, I believe—— physician diagnosed the problem and simply adopting what was passed under Mr. GRAHAM. Can the opponents of stabilized the patient. The stabiliza- Medicare, it is my contention that the this amendment put into evidence be- tion process took less than 2 hours, but provision I am offering will be an im- fore the full Senate and the American the patient’s stay in the emergency provement on what is in Medicare be- people what those abuses have been? room lasted for another 10 hours while cause of the open-endedness and ambi- We have had 21⁄2 years of experience, the staff attempted to coordinate the guity of the language. I suggest that at covering 70 million Americans. If there care with the patient’s health plan. some point we are going to have to re- have been abuses, they ought to be The plan was unable to make a timely visit the Medicare provision and im- available and not just speculated decision. prove it as well. about. Under the Republican bill, the In the meantime, I urge my col- Mr. HUTCHINSON. In responding to woman in this case will not have to leagues to oppose the Graham of Flor- the Senator, if there are no abuses, wait hours on end for a response from ida emergency room amendment and there should be no concern about clari- her health plan. Under our provision, vote for the amendment I will be offer- fying language to ensure that, in fact, as improved by my amendment, the ing later in the debate. Since this poststabilization treatment is related health plan must respond to the non- amendment tree is now full, I will have to the emergency room event. That is participating provider within a specific to offer that at a later point. what I believe needs to be done. I think timeframe to arrange for further care. Mr. GRAHAM. Will the Senator from whether or not we can point to specific Under the Democrats’ bill, plans are Arkansas yield? abuses in Medicare or not, the ambi- required to pay, without prior author- Mr. HUTCHINSON. I will be glad to guity in the language in Medicare is ization, for emergency services and yield if I can yield on your time. We open to those kinds of abuses, and we ‘‘maintenance and post stabilization have limited time remaining on our will certainly see that occur if it is ex- services as defined by HCFA [Health side. panded to all managed care plans in Care Financing Administration] and Mr. GRAHAM. I will try to ask short the country. We certainly need to clar- Federal regulations to implement the questions, and I will appreciate short ify that and ensure that the Balanced Budget Act of 1997.’’ I believe answers. poststabilizations are related to the this is where the Democrat provision One, you signed the committee re- emergency room event. goes wrong and, quite frankly, it shows port which, on page 29, says the com- Mr. GRAHAM. Let me go to a third where we can make a much-needed im- mittee believes it would be acceptable issue. I discussed this yesterday. In the provement to the Balanced Budget Act to have a differential cost sharing for Republican bill, it states that while the language. in-network and out-of-network emer- person is stretched out in the emer- In the September 28th Federal Reg- gency charges. Are you saying that gency room under tremendous physical ister, Volume 63, HCFA defines statement of explanation of the bill is and emotional stress, they have the re- poststabilization as ‘‘medically nec- incorrect? sponsibility of monitoring the emer- essary, nonemergency services fur- Mr. HUTCHINSON. I believe that gency room physician to determine if nished to an enrollee after he or she is needs to be clarified, and my amend- the type of diagnosis that the emer- stabilized following an emergency med- ment will do that. gency room physician is rendering is ical condition.’’ Mr. GRAHAM. When will you submit appropriate. Could you explain how a Now, that definition is completely the language that will clarify what the person in an emergency room cir- vague and completely open-ended. I committee report states? cumstance is supposed to provide that S8316 CONGRESSIONAL RECORD — SENATE July 13, 1999 kind of second-guessing of an emer- emergency rooms which I understand way, you have to go to an emergency gency room physician? my colleague referred to in his re- room four hospitals; if you stop sooner Mr. HUTCHINSON. To the extent marks. I want to go back to that case than that, we will penalize you. that the word ‘‘appropriate’’ should be because I think it describes the dif- That doesn’t make any sense to me. removed, our amendment will, in fact, ference between our two proposals with This issue is not about theory. It is remove that. I don’t believe that is an respect to protections for emergency about real people like Jimmy. It is accurate reflection of what the Repub- room treatment for patients. about what the two pieces of legisla- lican underlying bill would do. I described the case of little Jimmy tion say regarding patient protection. Mr. GRAHAM. That is another de- Adams. This is a picture of Jimmy. My colleague from Florida, Senator fect. The use of the word ‘‘appropriate’’ This is a picture of a young, healthy GRAHAM, described the differences be- is a gaping loophole. Jimmy tugging on his big sister’s shirt. tween the two bills on emergency care. Mr. HUTCHINSON. And which will be Here is a picture of Jimmy Adams He asked the questions and didn’t get removed and clarified. after he lost both his hands and both the answers, because satisfactory an- Mr. GRAHAM. I am concerned about his feet because he couldn’t get care at swers don’t exist with respect to our the further provision which says that the closest emergency room. opponents’ proposal. Their proposal is, the patient is responsible for second- This is what happened. He was sick in fact, a shell. It does not offer the guessing the appropriateness of care with a 104 degree fever. His mother protections that we are offering in the rendered by the emergency room physi- called the family HMO. Officials there proposal before the Senate. cian. Is that going to be taken care of? said you must go to a certain hospital Mr. MURRAY. Mr. President, I am Mr. HUTCHINSON. I do not believe in our network. So his parents loaded pleased to join with Senator GRAHAM in that is an accurate reflection of that Jimmy up at 2 o’clock or so in the support of access to emergency room provision. morning and started driving. They had care. During consideration of a Pa- Mr. GRAHAM. I suggest that the to drive past the first hospital, the sec- tients’ Bill Rights in the Health, Edu- Senator might read the bill and see ond hospital, and then drove past the cation, Labor and Pensions Committee, that it is precisely what the bill says. I offered a similar amendment in an ef- I am concerned because we had a dis- third hospital. Finally they got to the hospital the HMO asked them to take fort to prevent insurance companies cussion last night with Dr. FRIST, and from denying access to life saving now today, which indicates that the Jimmy to. By that time, Jimmy’s heart had stopped. They brought out emergency care. Unfortunately, my Republican proposal has a number of amendment was defeated on a straight admitted inconsistencies, inaccuracies, the crash cart, intubated, and revived him. Regrettably, however, he suffered party line vote. and gaping holes. Rather than us rely- I had offered the amendment because gangrene, and his hands and his feet ing upon an amendment nobody has of problems that I have heard from had to be amputated. seen that is supposed to rectify those, emergency room doctors and adminis- Why didn’t they stop at the first why don’t we vote for the Democratic trators about creative ways insurance emergency room? Because they amendment that would solve these companies seek to deny access to emer- couldn’t; the HMO said they won’t pay problems? gency care. I offered the amendment for that. Why didn’t they stop at the Mr. HUTCHINSON. I think I have because I have seen in my own state of second hospital emergency room or the very clearly outlined what my amend- Washington the inadequacy of simply third? The HMO won’t fully pay for ment will do, and I have expressed very saying care is provided if a prudent lay clearly my concerns about the Graham that care. So they drove over an hour person deems it an emergency. We have of Florida amendment. I will read right with a young, sick child who, because a prudent lay person standard in the now, if you would like, the entire sum- he didn’t get medical treatment in State yet we have seen where patients mary of the amendment and what it time, lost his hands and his feet. are turned away and reimbursement is Now, my colleague says the Repub- would do. I think it will respond to the denied. concerns that many of my colleagues lican plan will solve little Jimmy’s sit- The big flaw with the Republican bill on the other side simply have misrepre- uation. Regrettably, it will not. Yes, regarding emergency room care is the sented. What you call ‘‘gaping holes’’ the Republican plan will provide that lack of coverage of poststabilization simply need clarification, which my that family could stop at that first care. This is the key different between amendment will do. It will address it in hospital for emergency care, but it also our bill and that offered by the Repub- a much more rational and responsible allows the HMO to penalize the family lican leadership. We recognize the im- way than the very ambiguous language financially for doing so. It allows the portance of not only administering that I believe the Graham amendment HMO to establish a financial penalty emergency services but stabilizing the contains. for this family to stop at out-of-net- patient as well. Mr. GRAHAM. Well, I just offer a work hospitals. Let me give my colleagues an exam- conclusion—not a question but a state- If their bill doesn’t do that, I want to ple of the important of post- ment of fact. We have had 21⁄2 years of see it. As I read the Republican pro- stabilization care; you rush your sick experience with 70 million Americans. posal, they say: We have protections child to the emergency room with a Our proposal will be available to all here. fever close to 105. The fever escalates Americans in the instances of rampant In fact, they don’t have protections. quickly and without warning. The abuse. I think it is incumbent upon In virtually every area of the two pro- emergency room doctors and nurses are those who make these charges to docu- posals on managed care, we see exactly able to control the fever and stabilize ment it rather than just pontificate. the same thing. They have an emer- the child, but are concerned about de- Mr. HUTCHINSON. Reclaiming my gency room provision. Is it better than termining the cause of the fever. They time, I reserve the remainder of my currently exists? Yes, it is better. Does recommend poststabilization treat- time. it solve the problem? No. This family ment to determine what caused the Mr. REID. Mr. President, I yield 4 would have been told: If you stop at the child to become so ill so quickly. The minutes to the Senator from North Da- first emergency room with Jimmy, we insurance company denies this treat- kota. will impose a penalty upon you. We ment and the parents are told to take The PRESIDING OFFICER. The Sen- have the right to impose a financial their child home and hope to get into ator from North Dakota is recognized. penalty for going to the nearest hos- see their own primary care physician PRIVILEGE OF THE FLOOR pital emergency room. the next day. Later that evening the Mr. DORGAN. I ask unanimous con- If the other side wants to prevent child’s fever escalates and the child be- sent that Mina Addo, Leah Palmer, that, I say, join us in supporting the gins to have seizures as a result. The Jana Linderman, and Deborah Garcia Graham amendment, because we pre- child is then admitted to the hospital be given floor privileges today. vent that. We provide real protection for more expensive acute care. The PRESIDING OFFICER. Without for families with respect to emergency Why was follow-up poststabilization objection, it is so ordered. room treatment. Our amendment won’t care not provided? What are the long- Mr. DORGAN. Mr. President, yester- allow an HMO to say: Take that sick term effects on the child? Did the in- day I described a case dealing with child to an emergency room but, by the surance company save a dime of the July 13, 1999 CONGRESSIONAL RECORD — SENATE S8317 premium paid by hard working Ameri- ister care without fear of insurance that brought that patient to the emer- cans? No, in fact their callous behavior company retaliation. gency room. resulted in additional costs that could I urge my colleagues to support this That is sufficient for rejection of the have been prevented. amendment to provide 160 million in- Graham of Florida language. I cannot imagine anything more sured Americans with access to state- I reserve the remainder of my time. frightening than holding a child who is of-the-art emergency room and trauma The PRESIDING OFFICER. Who experiencing uncontrollable seizures care. Please do not close the emer- yields time? because their tiny body could not en- gency room doors on these families. If no one yields time, the time run- dure the impact of a high raging fever. Mr. HUTCHINSON. Mr. President, I ning is the majority’s time. Poststabilization is essential. inquire as to how much time remains Mr. REID. That is because there is no I urge any of my colleagues who on each side. time left on this side? think the Republican bill is sufficient The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. That is to talk to ER doctors and nurses. Ask ator has 10 minutes 43 seconds. The correct. them how a patient is treated when time has expired for the minority. Mr. GRAHAM. With the additional brought into the ER. Let me give you Mr. HUTCHINSON. Mr. President, I time that the majority has, would they another example that was discovered will make a couple of clarifications. I respond to questions on their time? by the insurance commissioner’s office am puzzled by the reference to a pen- Would they at least cite in the bill the in Washington state: alty, the allegation, the insinuation, language that they believe is insuffi- A 17-year-old victim of a beating suf- that the Republican bill somehow cient and creates an ambiguity? fered serious head injuries and was would allow a penalty to be charged. Mr. NICKLES. Mr. President, I in- taken to an emergency room. A CAT S. 326 as reported by the committee form my colleagues, since we are on scan ordered by an ER physician was requires plans to pay for screening and managed time, they are more than wel- rejected by the insurance company be- stabilizing emergency care under the come to use time on the bill. They have cause there was no prior authorization prudent layperson standard without that option, and I am sure the Senator for this test. In other words, we can prior authorization, and the plan can- from Nevada will yield to the Senator. stabilize the patient, but cannot do any not impose cost sharing for out-of-net- I suggest the absence of a quorum. post stabilization treatment to deter- work emergency care that would ex- The PRESIDING OFFICER. The mine the extent of the injuries without ceed the amount of cost sharing for clerk will call the roll. seeking authorization from an insur- similar in-network services. There is The legislative assistant proceeded ance company hundreds of miles away. no differential. There can be no penalty to call the roll. Another example, in a state with a charged under the Republican bill. Mr. REID. I ask unanimous consent prudent lay person standard: The in- The amendment I will offer requires that the order for the quorum call be surance commissioner’s office found that the plans must pay for emergency rescinded. that an insurance company denied ER services required. To maintain the The PRESIDING OFFICER. Without coverage for a 15-year-old child who medical stability in the emergency de- objection, it is so ordered. was taken to the emergency room with partment plan, the plan contacts the Mr. REID. I say to my friend, we a broken leg. The claim was denied by nonparticipating provider to arrange can’t have quorum calls. The time the insurer as they ruled the cir- for discharge of transfer. If the plan should be running so that in 10 minutes cumstances did not constitute an emer- does not respond—as under Medicare, you can offer your next amendment. A gency. This is outrageous. A broken leg does not respond—to authorization of a quorum call is not in keeping with is not an emergency? By any standard, request within a set time period, the what we are supposed to be doing. prudent lay person or medical stand- plan must pay for services required to Mr. NICKLES. Mr. President, to re- ard, treatment of a broken leg would be maintain stability in any setting, in- spond to my colleague, we have had al- considered an emergency. cluding an inpatient admission. most no quorum calls since the debate I use these examples of real people The great difference is that under the has begun. I am preparing to offer an and real cases to illustrate the flaws in language of the Graham of Florida amendment in a moment. That amend- the Republican bill. You can say you amendment, the emergency room could ment will be ready. cover emergency room care and you be required to not only provide services I will suggest the absence of a can keep saying it hoping that it is unrelated to the emergency event but quorum and send the amendment to true. But, unfortunately, the Repub- that the health insurance plan would the desk momentarily. lican bill does not provide adequate then be required to pay for and reim- The PRESIDING OFFICER. The emergency room coverage. burse. clerk will call the roll. I was disappointed in the HELP Com- It is a glaring ambiguity. It in fact is The legislative assistant proceeded mittee markup when my amendment the gaping hole in the language, and it to call the roll. was defeated. I had truly hoped that we is that which needs to be rejected. I Mr. HUTCHINSON. Mr. President, I could reach a bipartisan agreement on will ask my colleagues to oppose the ask unanimous consent that the order emergency room care coverage. I had Graham of Florida amendment because for the quorum call be rescinded. seen that we could reach a bipartisan of that ambiguity of language. Simply The PRESIDING OFFICER. Without agreement when it came to Medicare taking language from the Medicare objection, it is so ordered. The Senator and Medicaid beneficiaries. We ap- balanced budget amendment, trans- from Arkansas. proved these very same provisions for porting that into this without any con- Mr. HUTCHINSON. Mr. President, I these beneficiaries during consider- cern for the poorly defined ambiguous want to take just one moment to re- ation of the Balanced Budget Act of language that is used, I think my spond to the question that was posed as 1997. I had assumed that we would give colleagues—— to our specific concern about the lan- the same protections to all insured Mr. GRAHAM. Will the Senator guage in the Graham of Florida amend- Americans. It was a priority in 1997 and yield? ment. The Graham of Florida amend- should be a priority in 1999. Mr. HUTCHINSON. I think I have ment adopts the Medicare language. I We have spent a great deal of public yielded quite enough. We have used will quote that Medicare language, and private resources to build an emer- quite a bit of our time in yielding. from the September 28 Federal Reg- gency health care and trauma care in- I think it is very difficult to argue ister, volume 63. HCFA defines frastructure that is the envy of the that treatment in an emergency room poststabilization, and I quote as I did world. This infrastructure has saved should be related to the emergency before: millions of lives and provides a stand- event. That is what we want to ensure. . . . medically necessary nonemergency ard of care that is hard to beat. Yet We do not believe you can preserve services furnished to an enrollee after he or policies focusing on restricting access any sense of coordinated care if you re- she is stabilized following an emergency to this care threaten the very infra- quire health plans to pay for, in the medical condition. structure of which we are so proud. The poststabilization period, medical needs That is as vague and open-ended as ER doctor must be the one to admin- totally unrelated to the emergency any language I could conceive. It is, in S8318 CONGRESSIONAL RECORD — SENATE July 13, 1999 effect, a blank check for the emergency make it worse. They would make the (c) EXEMPTION FOR DECREASED NUMBER OF room, for the provider, for the patient. insurance a lot more expensive and INSURED PERSONS.—For purposes of sub- That is the language that needs clari- therefore less affordable. As a result, section (a)(2), unless the Administrator of fication. millions of Americans would probably the Health Care Financing Administration certifies, on the basis of projections by the We believe the poststabilization med- lose their health care insurance. We National Association of Insurance Commis- ical services that are provided must be think that would be a mistake. sioners, that the provisions of this Act will related to the emergency event that I said yesterday we should make sure not result in the decrease described in sub- caused the individual to go to the we do no harm. We should not increase section (a)(2) for a plan year during which emergency room. That is the clarifica- the number of uninsured. I am afraid this Act is fully implemented, the provisions tion that is necessary. I will be de- the Kennedy bill, with its estimated in- of this Act shall not apply with respect to a lighted to once again go through the crease of cost of 6.1 percent over and group health plan (or health insurance cov- amendment summary that I will be of- above the inflation already expected, erage offered in connection with a group health plan). fering, but that is a critical flaw in the would increase the number of unin- Graham of Florida amendment. Be- sured by what is estimated to be about Mr. NICKLES. Mr. President, let me cause of that flaw in the language, I 1.8 million persons. That is too many. back up a little bit and bring our col- ask my colleagues to oppose the That is far too many. So the amend- leagues, and maybe the public, up to Graham of Florida amendment. ment I will be sending to the desk, as speed as far as where we are because, Mr. GRAHAM. Does the Senator from soon as I get a copy of it, will say we from a parliamentary procedure stand- Arkansas yield? The Senator from Ar- should not increase the cost of health point, this is getting maybe a little bit kansas will not yield? insurance by more than 1 percent. If we confusing. The PRESIDING OFFICER. All time do, the provisions of the bill are null The Republicans offered as the under- has expired on the amendment. The and void. lying vehicle the so-called Kennedy question is on agreeing to the amend- Let’s not do any damage. Let’s make bill, S. 6, the Patients’ Bill of Rights. ment. sure at the outset we say very plainly We did it because we wanted to expose The Senator from Oklahoma. we are not going to increase the cost of that it has a lot of expensive provisions Mr. NICKLES. Mr. President, I think health care by more than 1 percent. that, frankly, need to be deleted. we have some colleagues who are out Let’s not increase the number of unin- The Democrats offered a substitute right now. It is my anticipation the sured by over 100,000. If we do that, we yesterday, the Republicans’ Patients’ majority leader will want to have the have done harm, we have done damage, Bill of Rights Plus that was reported vote afterwards. If my colleague wants we have done more damage than good. out of the HELP Committee. They of- me to pursue it, I can send an amend- Mr. President, I send an amendment fered that as a substitute. ment to the desk or I can ask for a to the desk on behalf of myself, Sen- Then Senator DASCHLE, on behalf of quorum call and we can talk to the ator GRAMM, and Senator COLLINS, and Senator KENNEDY, offered a perfecting leaders to determine what time we I ask for its immediate consideration. amendment to the substitute—‘‘the want to vote. The PRESIDING OFFICER. The substitute’’ being the Republican bill— Mr. REID. I say to my friend, I think clerk will report. that said that should apply in scope to it would be appropriate. I think there The legislative assistant read as fol- all plans. The Republican plan basi- has been a general agreement as of yes- lows: cally applies to self-insured plans. It terday that we would vote sometime The Senator from Oklahoma [Mr. NICK- does not duplicate State insurance, un- this afternoon at the agreement of the LES], for himself, Mr. GRAMM, and Ms. COL- like the Democrats’ bill that says we two leaders. So I think it would be bet- LINS, proposes an amendment numbered 1236. do not care what the States have done; ter to offer an amendment and move Mr. NICKLES. Mr. President, I ask we are going to insist you do every- this matter along. unanimous consent that reading of the thing we have dictated. They expanded Mr. NICKLES addressed the Chair. amendment be dispensed with. the scope. That was a first-degree per- The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Without fecting amendment. ator from Oklahoma. objection, it is so ordered. The Republicans offered a second-de- Mr. NICKLES. Mr. President, mo- The amendment is as follows: gree amendment yesterday to the un- mentarily I will send an amendment to At the appropriate place, insert the fol- derlying first-degree amendment of the the desk. I ask consent the time be lowing: Democrats on scope that says two ll charged on this amendment. SEC. . EXEMPTIONS. things: One, we think the primary (a) IN GENERAL.—Notwithstanding any The PRESIDING OFFICER. Without other provision of this Act, the provisions of function of regulating insurance should objection, it is so ordered. this Act shall not apply with respect to a be maintained by the States. That was AMENDMENT NO. 1236 group health plan (or health insurance cov- in the findings of the bill. And then in (Purpose: To protect Americans from steep erage offered in connection with the group the legislative language: We should ex- health care cost increases or loss of health health plan) if the provisions of this Act for pand access and coverage to health care insurance coverage) a plan year during which this Act is fully im- care plans. Mr. NICKLES. Mr. President, one of plemented result in— When the Democrats were so kind as the big concerns many of us have with (1) a greater than 1 percent increase in the to offer the Republican bill as a sub- cost of the group health plan’s premiums for the underlying legislation of the so- the plan year, as determined under sub- stitute, they forgot to offer our tax called Kennedy bill is its cost. How section (b); or provisions. We included one of the tax much will it cost employers? How (2) a decrease, in the plan year, of 100,000 or provisions which we included in our much will it cost employees? What will more in the number of individuals in the Patients’ Bill of Rights Plus, and that it cost employees in lost wages? If em- United States with private health insurance, is 100 percent deductibility for the self- ployers have to pay increased costs for as determined under subsection (c). employed. We will be voting on that, health insurance, are they not paying (b) EXEMPTION FOR INCREASED COST.—For and that will be the first vote this their employees as much as they would purposes of subsection (a)(1), if an actuary afternoon. We will probably be voting certified in accordance with generally recog- pay them? nized standards of actuarial practice by a on that at the conclusion of Senator Health care costs a lot. Many of us member of the American Academy of Actu- SMITH’s statement or shortly there- would say health care already costs too aries or by another individual whom the Sec- after. I expect that votes will occur on much. It is unaffordable for millions of retary has determined to have an equivalent that sometime after 3 o’clock, maybe Americans. They would like to have it. level of training and expertise certifies that closer to 3:30. We have 43 million uninsured Ameri- the application of this Act to a group health The Democrats then were entitled to cans today. Most of those Americans, I plan (or health insurance coverage offered in a second-degree amendment, and Sen- connection with the group health plan) will imagine, would like to be insured but ator GRAHAM of Florida offered a sec- result in the increase described in subsection they cannot afford it. So health care (a)(1) for a plan year during which this Act is ond-degree amendment dealing with already costs too much. Unfortunately, fully implemented, the provisions of this Act emergency rooms. Senator HUTCHINSON the bill proposed by Senator Kennedy shall not apply with respect to the group and Senator FRIST debated against and many of the Democrats would health plan (or the coverage). that and stated they would come up July 13, 1999 CONGRESSIONAL RECORD — SENATE S8319 with an alternative dealing with emer- Let’s talk about costs from a dif- profit in this system. This has a lot to gency rooms. That will be voted on at ferent angle for a moment. I find it in- do with profits in for-profit medicine. some later point in the debate. teresting that, when people talk about On the other side, on the counter- This afternoon we will have a debate costs, they do not talk about the costs balance, is the care for patients. Some on the Republican amendment dealing that have been imposed upon American people objected yesterday because we with 100-percent deductibility of self- citizens who need health care but are cited examples of patients who have employed persons, and we will have a denied it by their HMO even though been mistreated. They said this debate vote on the Graham amendment deal- they have paid their premiums in good is not about individual patients. Of ing with the emergency room provi- faith. What about the costs imposed on course it is. That is exactly what it is sion, and then the next amendment we this young boy who was taken past about. This debate is not about theory, will actually vote on, depending on three hospitals to go to the fourth be- it is about what kind of health care pa- whether or not either of these second- cause the family’s HMO would not tients are going to get when they need degree amendments is adopted, will be allow him to stop at the first. What is it. to the amendment tree or the side to the cost imposed on that young boy When your child is sick, what kind of which I just sent an amendment. who lost his hands and feet or the treatment is your child going to get? I sent an amendment to the first-de- young boy I described yesterday whose Or if your spouse has breast cancer and gree amendment on the so-called Ken- HMO denied him therapy because it your employer changes HMO plans, will nedy bill. This amendment says, what- said a 50-percent chance of walking by someone say—I ask for 1 additional ever we do, let’s not increase health age 5 is a minimum benefit? minute by consent—you cannot keep care costs by more than 1 percent or Or let’s talk about other costs, costs your same oncologist, you have to increase the number of uninsured by on the HMO side. change doctors, even though you are in over 100,000. It is very simple and very Let me read a table of the 25 highest the midst of treatment? If your child plain: Congress, don’t do it; whatever paid HMO executives. I wonder if there needs to go to an emergency room, will you do, whatever mandates you are is any interest or concern about their someone say: We’re sorry, you can’t go considering—and we recognize and ap- salaries while we are withholding to the one 2 miles away, you must go plaud everybody for having good inten- treatment for people under the aegis of to the one 20 miles away? These are the tions—let’s do no harm; let’s not in- cost cutting. Let me list some of the 25 kinds of issues, real people with real crease health care costs by more than highest paid CEO executives. problems, that this debate is about. 1 percent; let’s not increase the number Annual compensation, 1997: one CEO That is what this is about. of uninsured by over 100,000. makes $30.7 million, another has a $12 Every health organization in the If the Secretary of Health and million salary, a $8.6 million salary, a country supports our bill. USA Today, Human Services determines that it $7.3 million salary, a $6.9 million sal- in an editorial said: If you want a Pa- would increase costs by that amount or ary—these are annual salaries—$5.7 tients’ Bill of Rights from the Repub- increase the number of uninsured by million, $5.3 million, $5.2 million, $5.1 lican plan, you had better be patient that amount, then the underlying bill million, all the way down the list of because it doesn’t provide a Patients’ will not take effect. the 25 highest salaries. Bill of Rights. Those are the basic provisions of the Mr. REID. Will the Senator yield? There is a difference in these plans. bill. I hope and expect all of our col- Mr. DORGAN. I will be happy to At least we are on the right subject. leagues will support this amendment. I yield. But while we are on the subject of cost, Mr. REID. The Senator from North urge its adoption. let’s talk a little about who is making Dakota has talked about the salaries Mr. President, I yield the floor. the money here—$30 million, $20 mil- these executives make. Mr. President, The PRESIDING OFFICER (Mr. ENZI) lion, $15 million in annual compensa- he has not included the value of their Who yields time? tion—and then you talk to us about If neither side yields time, time runs stock, has he? Mr. DORGAN. I have not. I have that cost. We can’t afford $1 a month to pro- equally. vide protection to Jimmy Adams so he The PRESIDING OFFICER. The on the next page. Let me describe that, starting at the top. Twenty-five com- can go to the nearest emergency room Chair recognizes the Senator from Ne- when he is desperately ill? Of course we vada. panies: $61 million in unexercised stock options, on top of the salary, for one can do that. Mr. REID. Mr. President, I yield the The PRESIDING OFFICER. The time Senator from North Dakota 5 minutes. person in 1997, $32.7 million, $19.9 mil- lion, $19.0 million, $17 million—all the has expired. The PRESIDING OFFICER. The Sen- Ms. COLLINS addressed the Chair. ator from North Dakota. way down the list of 25. It is interesting when people talk The PRESIDING OFFICER. The Mr. DORGAN. Mr. President, I have Chair recognizes the Senator from not seen the specifics of this amend- about costs. Is there any interest in this, any interest in talking about $35 Maine. ment, but I have heard the description. Who yields time? million, $37 million, $38 million in un- It is interesting to hear this discussion Ms. COLLINS. I yield myself such of costs because we already have expe- realized stock options? Mr. REID. Will the Senator yield for time on this amendment as I may con- rience on this issue. The President has a question? sume. implemented the Patients’ Bill of Mr. DORGAN. I will be happy to Mr. President, this amendment goes Rights for the Federal Employees yield. to the heart of this debate. All of us Health Benefits Program. This is al- Mr. REID. Will the Senator add the agree HMOs must be held accountable ready in place for Federal employees stock options for that one individual for providing the care that they have around the country. And we know what and find out what it comes out to per promised. All of us agree we need a it costs; we don’t have to guess. It year? strong appeals process so that anyone costs $1 a month. CBO says the pa- Mr. DORGAN. I do not have it listed who is denied medical treatment or tients’ protection bill will cost $2 a quite that way, but I can tell my col- medical care has an avenue that is cost month. We know it costs $1 a month in league that the average compensation free, expeditious, and easy to appeal an the Federal employees health insur- plus stock options for these 25 execu- adverse decision from an HMO. That is ance program. tives is $16.7 million. not what this debate is about. The costs that are described by my Mr. REID. It is fair to say it is a huge The debate is whether we solve these friend from Oklahoma are inflated for amount of money; isn’t that true? problems in a way that is going to reasons I do not understand. We know Mr. DORGAN. Oh, yes. One of them, cause health insurance premiums to what it costs. It costs $1 a month in the for example, makes well over $30 mil- soar, thus jeopardizing the health in- Federal health benefits program, be- lion. Another is over $40 million. Of surance coverage of millions of Ameri- cause it is already implemented, and course that is a substantial amount of cans, or are we going to take the ap- the Congressional Budget Office says it money. proach that the HELP Committee bill will cost $2 a month for our Patients’ The only point I am making is this: takes, which is to address these prob- Bill of Rights. There is a lot of money and a lot of lems in a way that is sensible and that S8320 CONGRESSIONAL RECORD — SENATE July 13, 1999 addresses the concerns about quality, haps it is in keeping with the inde- in an employer survey, was $5,800. And about unfair denial of care, without pendent Yankee spirit of the State of 6.1 percent of that is $355 per year. imposing such onerous and expensive Maine that we do have so many people If you divide that by 12, it is almost Federal regulations that we drive up who run their own businesses. We see $30 a month—not $1 a month; $30 a the cost of health insurance and cause them everywhere. It is the small busi- month. That is not even close. some people to lose their coverage al- nesses on Main Street of every town in So I make mention of this. Again, I together. Maine. It is our lobstermen, our fisher- think people are entitled to their own That is the heart of this debate. That men, our gift shop owners, our elec- opinion; they are not entitled to their is the key difference between the bill tricians, our plumbers. We see it own facts. advocated by my colleagues on the throughout our State. It would be the If CBO says this Kennedy bill only in- Democratic side of the aisle and the most important thing that we could do creases costs by $1 a month, I would bill which we support. to help them to afford health insurance like to see where it is. I just read the This amendment is simple; it is if we made their health insurance pre- report—April 23, 1999. It says: 6.1 per- straightforward. What this amendment mium fully deductible. cent. says is, if the Kennedy bill, in fact, in- So we have a very clear choice. Do we That is a fairly big difference. When creases the cost of health insurance want the Kennedy approach, which is I am saying the cost is almost $30 a along the lines projected by the inde- going to cause health insurance pre- month—$29.50 a month—versus $1 a pendent Congressional Budget Office, miums to soar, causing small busi- month, we have a little difference. I am then it would be essentially no longer nesses to be unable to provide coverage using CBO. Maybe my colleague from in effect for group health plans. at all and putting health insurance fur- North Dakota reads it a little dif- This is an important amendment. It ther out of reach for the 43 million un- ferently. recognizes that cost is the single big- insured Americans or do we want the I think that is a rather significant gest obstacle to providing health insur- approach that we have proposed difference: $30 a month will price a lot ance. It addresses the issues the CBO through the HELP Committee bill? of people out of health insurance. This has outlined in its report in which it Our legislation addresses the very additional 6-percent increase, on top of warned about what would happen if the real problems that do exist with man- the 9-percent increase which is already Kennedy bill goes into effect. What aged care. Our approach would put projected, is going to put a lot of peo- would happen is, under the Kennedy treatment decisions back in the hands ple in the uninsured category. We don’t bill that is before us, 1.8 million Ameri- of physicians, not insurance company want to do that. We should do no harm. cans would most likely lose their accountants, not trial lawyers. But our We shouldn’t put millions of people in health insurance; employers would approach strikes that critical balance. the uninsured category. drop coverage, particularly small busi- We do so not by so overloading the sys- I refer, again, to the CBO report, be- nesses that may be operating on the tem that we are going to drive up costs cause I heard my colleague from Mas- margin already; self-employed individ- but, rather, by putting in common- sachusetts assert that this will only uals would find health insurance still sense safeguards that will solve the cost a family one Big Mac a month. I further out of reach; and we would fur- problems with managed care without don’t know if he is using CBO, but we ther exacerbate the problem of the jeopardizing the health insurance cov- are using CBO. CBO says S. 6, the Pa- growing number of uninsured in this erage of millions of Americans. tients’ Bill of Rights, the Kennedy bill, Nation. I urge my colleagues to join, I hope will increase health care premiums by We have a record 43 million Ameri- in a bipartisan way, in supporting this 6.1 percent, resulting in an $8 billion cans without health insurance. We very important amendment. It is a way reduction in Social Security payroll should not be increasing the number of for the Senate to put itself on record as taxes over the next 10 years. This is in uninsured. recognizing that cost is the single big- the report. If Social Security taxes are So what our amendment does is very gest obstacle to expanded health insur- going down by $8 billion, that means simple. It says if there is an increase in ance coverage. I hope we will have bi- total payroll goes down over that same health insurance premiums beyond 1 partisan support for this amendment. period of time by $64 billion, total pay- percent, or if the number of uninsured I thank my colleagues and yield the roll reduction. Americans increases by more than floor but reserve the remainder of our Employers are going to say: Wait a 100,000 people, that we will take a sec- time. minute, if you are driving up my ond look, we will put a stop to the Mr. NICKLES addressed the Chair. health care costs, I can’t pay you as mandates that would be imposed by the The PRESIDING OFFICER. The much. I am going to pay you less or we Kennedy bill. Chair recognizes the Senator from will offset this reduction. Surely, we should be able to come to Oklahoma. That is CBO. That is not the Repub- an agreement that this is the right ap- Mr. NICKLES. Mr. President, I want lican organization. That is not DON proach to take. If my colleagues on the to respond just a little bit to our col- NICKLES penciling it in. This is CBO, a Democratic side of the aisle believe league from North Dakota who said: nonpartisan group, saying there is $64 that their bill will not have the kind of Well, the Democrat bill would only in- billion in lost wages if we pass the Ken- cost estimate that the independent crease costs by $1 a month. CBO says nedy bill. That is a whole lot of Big CBO says it will have, then they should —I just read the CBO report. CBO does Macs. That is 32 billion Big Macs, if join with us in supporting this amend- not say it. Or if my colleague would they cost $2 apiece. That isn’t one Big ment because this amendment offers show me where it says that, I would be Mac. As Senator GRAMM said, you can important safeguards. happy to maybe consume that page on buy the McDonald’s franchises for that. It says the Senate should not be im- the floor of the Senate. I don’t know, I expect you could. plementing, we should not be passing but I read rather quickly. Maybe I For people who say the cost impact legislation that is going to drive up the missed it. I read fairly fast. of the Kennedy bill is trivial and it cost of health insurance and further in- But the section I am looking at in would do no damage, if they believe crease the number of uninsured Ameri- CBO says—this is talking about the Pa- that, have them vote for this amend- cans—a number that already stands far tients’ Bill of Rights, S. 6: ment. I hope they will vote for this amendment. too high at 43 million people. Most of the provisions would reach their By contrast, the Republican ap- full effect within the first 3 years after en- We should do no harm. We should not proach seeks to expand, not contract, actment. CBO estimates the premiums for increase the cost of health care by the number of Americans with insur- employer-sponsored health care plans would more than 1 percent. Shame on us if we ance. We would do that, for example, rise by an average of 6.1 percent in the ab- do. We should do no harm. We should by providing full deductibility for sence of any compensating changes on the not increase the number of uninsured. health insurance for self-employed in- part of employers. We should not be passing bills that dividuals. This is a critical issue in my That is 6.1 percent. The annual pre- make matters worse. Let’s work on State of Maine where we have so many mium for health insurance for a fam- quality. Let’s improve access. Let’s Mainers who are self-employed. Per- ily, according to Peat Marwick, in 1998, make sure more people have health July 13, 1999 CONGRESSIONAL RECORD — SENATE S8321 care. Let’s not do just the opposite. apparently is going to be substantially They loved HMOs so much in 1994, if Let’s not uninsure a couple million altered, in the unseen, unread, un- a doctor provided treatment you need- people by increasing the cost of health known Republican amendment that is ed for your baby that was not provided care so dramatically, as the Kennedy being offered as an alternative to my for in their Government-run health bill would do. That is the purpose of emergency room amendment, has to do care collective, and you paid him for it, our amendment. with poststabilization care. According he could go to prison for 15 years. That I compliment my colleague from to the oldest and one of the largest was their vision of a health care future Texas, who has been working on this HMOs in the country, Kaiser- for America. amendment as the principal cosponsor Permanente, which has voluntarily But having loved HMOs so much that with me, and also my colleague from adopted exactly the procedure we are they wanted to mandate that every- Maine who spoke so eloquently on it suggesting should be the standard for body in America be a member of one earlier. emergency room contract provisions, run by the Government, now all of a I yield the floor. their use of poststabilization has saved sudden they have done a public opinion The PRESIDING OFFICER. Who them money. How has that happened? survey. They have gotten focus groups yields time? Take the case of a child who has a together, and they have decided Ameri- Mr. REID. Mr. President, I yield, on high fever. The parents take the child cans are not as much in love with the amendment, 5 minutes to the Sen- to the emergency room. It is deter- HMOs as they are. And so as a result, ator from Florida. mined the child does not have a life- now they have a bill that doesn’t say, The PRESIDING OFFICER. The Sen- threatening condition, but there is un- as they said in 1994, HMOs are the an- ator from Florida. certainty as to why they have had this swer to everything. They have a bill Mr. GRAHAM. Mr. President, vir- high fever. that now says HMOs are the problem. Under the Kaiser plan, the emer- tually every provision in both versions What we try to do in our bill is fix of the Patients’ Bill of Rights starts gency room calls the HMO and says: Here is what the situation is with this the problems, but we do something with a phrase similar to this: If a group they will not do: We empower Ameri- health plan or health insurance cov- child. What do you think would be the appropriate medical treatment? The cans to fire their HMO. We allow Amer- erage offered by a health insurer pro- icans to buy medical savings accounts, vides any benefits with respect to spe- HMO, Kaiser, and the emergency room work out a coordinated plan of treat- where they have the right to choose for cialist care, emergency service care, themselves. primary care, then this is what they ment. In many cases, what it says is Our Democrat colleagues are ada- have to do. What does that say? the child can go back home if the child, mantly opposed to that freedom be- One, it says no health plan is re- at 9 o’clock in the morning, will come cause they want the Government to quired to offer virtually any of the to Kaiser’s primary care physician to run the health care system. And you services that are covered by this bill. It be treated. That is why Kaiser says it can’t get the Government running the is all a matter of free contract between is not only good health but also it health care system if you start giving the HMO and those persons to whom an saves money. people the power to fire their HMO. So HMO contract is being sold. The anal- Ironically, the first amendment of- they want to regulate the HMOs. They ogy is, what is it that you buy when fered, after it is stated by the opposi- want to give you the ability to contact you sign an HMO contract that says tion that they are going to strip, di- a bureaucrat if you are unhappy. They you are going to get access to special- lute, adulterate this provision which want to give you total freedom to hire ists. has the potential of saving money, is to To stay with the McDonald’s exam- offer this saccharin amendment which a lawyer. You can hire whatever law- ple, the question is not what the ham- says: Now we will put a limitation on yer you want to hire. burger costs. The question is whether increases in cost. But what they will not do is give you there is any beef inside the hamburger I think we are all concerned about the ability to hire your doctor. Why or whether all you are paying for with cost. We are all concerned about mak- don’t they want to do it? Because this your $2 is a couple of buns. ing health care more affordable and re- is simply one step in the direction of The fact is, if there is an increase in ducing the number of uninsured. But this health care bill that they want cost, it probably means people aren’t we want people who contract with an and love, and which we killed. But in getting the kind of services they think HMO to get what they paid for, not to their heart, they still want Govern- they are getting when they contract get the two buns but no beef in their ment health care collectives, and they McDonald’s hamburger. with an HMO. We found out, as it re- want people fined and imprisoned if Mr. GRAMM addressed the Chair. they don’t provide medicine exactly lates to Medicare, that 40 percent of The PRESIDING OFFICER. The Sen- the complaints by Medicare bene- the way the Democrats want it pro- ator from Texas. vided. ficiaries against their HMO were in the Mr. GRAMM. Mr. President, I yield Now they say, well, something is emergency room. They went to the myself 15 minutes. emergency room, they got treatment, I have to say we often see people do wrong with the Republican bill because and then they were found not to have a 180 degree turns around here. It never they are not overriding State law. heart attack, not to have the onset of ceases to amaze me to hear our Demo- They think that somehow Senator a stroke. That was the good news. The crat colleagues savaging HMOs. Let us KENNEDY and President Clinton know bad news was the HMO said: Well, be- remember they are the people who more about Texas than the people in cause you went to the emergency room have been in love with HMOs for 25 the Texas Legislature and the Texas and you didn’t have a heart attack, we years. Governor. They believe we should are not going to pay your bill. In fact, they loved HMOs so much trample State law and we ought to Is that the way we want to hold down that in these bills virtually crushing make every decision in Washington, the cost of care, by having essentially this ancient desk—the 1994 Clinton DC. We don’t agree. They say they a bait-and-switch process built into one health care bill and the two Kennedy want America to know the difference. of the most intimate aspects of an variations of it—they loved HMOs so Please know that this is the difference. American family’s relationships, and much they would have set up health If Senator KENNEDY and President that is how their health care will be care collectives all over the Nation, Clinton know so much about Texas, provided and paid for? run by the Federal Government, and when President Clinton finishes in the The issue is whether people are going would have fined Americans $5,000 for White House, maybe he ought to move to get what they contracted for. If they refusing to join their health care col- to Texas and run for some public office. don’t want to contract for these serv- lective. They loved HMOs so much in It would be an educational experience, ices and therefore have a lower cost 1994, they would have imposed a $50,000 I can assure you, both for him and the product, they are at liberty to do so. fine on a doctor who prescribed med- people of Texas. The irony is, to go back to the last ical treatment that was not dictated or But the point is, I am not going to let discussion we were having on the emer- allowed by their Government-run HMO Senator KENNEDY and President Clin- gency room, the very provision that health care collective. ton tell the people in Texas how to run S8322 CONGRESSIONAL RECORD — SENATE July 13, 1999 their State. I am not going to do it ei- that being able to hire a lawyer or con- practiced, he is one of the premier doc- ther. If I wanted to do that, I would run tact a bureaucrat heals people clearly tors in America—putting together a for the state legislature. does not understand how medicine bill that fixes the problems with HMOs, Let’s get to the issue we are talking works. that doesn’t write medical practice about here. The problem with the Ken- The amendment before us is a very into law. If we had written medical nedy bill is it drives up costs. The prob- simple amendment. My guess is that practice into law 100 years ago, we lem with the Kennedy bill is that the after they pray over it a while, every- would still be bleeding people for fe- Congressional Budget Office has con- body will vote for it. It kills the Ken- vers. cluded that the Kennedy bill would nedy bill, no question about that. But I We have put together a bill that tries drive up health care costs by 6.1 per- don’t think they are going to want to to deal with abuses in HMOs so a final cent. vote against it because what this decision is made by an independent What that means is two things: One, amendment says very simply is this: It doctor as to what ‘‘necessity’’ is. We go 1.8 million Americans would lose their sets up a triggering mechanism. It says a step further. We expand freedom so health insurance. Now, granted, if their that if this bill were to be adopted— that people get a chance with our re- bill passed, you would have the ability which it won’t be because we are going forms, if they are not happy with their to pick up the phone book, look in the to defeat it this week because we have HMO, they can say something under blue pages and call any government a better bill that works better—if it our bill to the HMO that they can’t say agency you wanted; you could hire any was found and certified that in any under Senator KENNEDY’s bill. Under lawyer you wanted. But 1.8 million peo- year, when fully implemented, this bill our bill, if all else fails, they can say to ple would not have health insurance would drive up costs by more than 1 their HMO: You didn’t do the job. You under this bill. Their bill would drive percent, the law would not go into ef- didn’t take care of me, you didn’t take up health costs for those who got to fect. Or if in any year more than 100,000 care of my children, and you are fired. keep their insurance by $72.7 billion people lost their health insurance as a I’m going to get a medical savings ac- over a 5-year period. result of the cost increase also im- count. I’m going to make my own deci- Let me convert that into something posed, then this bill would not be oper- sions. people understand. By 1.8 million peo- ative. That is the difference between what ple being denied health insurance be- Now we know from CBO estimates Democrats call rights and what Repub- cause of the cost of all these lawyers that both of these things will occur. We licans call freedom. Their rights are and Government bureaucrats and have offered this amendment basically the right to more government, the therefore losing their insurance under to point out the fact that the problem right to more regulation, the right to the Kennedy bill, that would mean that with the Kennedy bill is that it drives look in the blue pages and call up a in breast exams, 188,595 American up costs, and it denies people health in- government bureaucrat, to look in the women would lose breast exams that surance. Yellow Pages under ‘‘Attorney’’ and they would have under current law be- Finally, let me say do I believe this call up a lawyer. cause Senator Kennedy’s bill would is the end game? Suppose for a moment But their health care rights do not drive up health insurance costs so that we could pass their bill, if Presi- include the right to hire your own doc- much. dent Clinton could override every legis- tor or to fire your HMO. What kind of Because 1.8 million people would lose lature and State, and we could have right is it when you have a right to their health insurance under the Ken- the Government decide, by law, what is complain and petition but you don’t nedy bill, there would be 52,973 fewer the preferred service, what is the have a right to act? mammograms. Why? Is Senator Ken- means of treating every disease so we Our bill is about freedom, the free- nedy against mammograms? Of course would set by Federal statute all those dom to choose. That is the difference. he is not. But the point is, his bill, by things. Suppose that we did all those Our Democrat colleagues don’t support driving up costs, by hiring all these bu- things and drove up health care costs, that freedom, because they want a gov- reaucrats and all these lawyers, where would the Democrats be happy? No, ernment-run system. 60 percent of what comes out of these and neither would the American peo- Senator KENNEDY is not deterred. We lawsuits goes to lawyers and not to ple. may have killed the Clinton-Kennedy people who have been damaged, hurt, Next year, they would come back bill in 1994 taking over the health care or are sick—by imposing those new with their old faithful, the Clinton system, but he dreams of bringing it costs, 52,973 women per year would lose health care bill, and they would say: back. If he can win on his bill this mammograms that they are getting, Medical costs have risen by 6.1 percent, week, it is a step in that direction. But which are funded today under their 1.8 million people have lost their he is not going to be successful. health insurance policies. health insurance, and there is only one Under Senator KENNEDY’s bill, 135,122 solution. We have to have the Govern- I yield the floor. women that get annual pap tests fund- ment take over the health care system. The PRESIDING OFFICER. Who ed by their insurance policy would not We will make everybody join an HMO. yields time? get them because they would lose their We will take their freedom completely If no time is yielded, the time is insurance. away, and, in fact, we will fine them shared equally. And so that no one thinks I am to- $5,000 if they refuse to do it, and we Mr. NICKLES. Mr. President, I want tally discriminating against men, pros- will make doctors practice medicine to make a couple more comments. I tate screenings would decline by 23,135. our way. We will fine them $50,000 if think some people have been loose with That’s 23,135 men who would not get they give a treatment we don’t ap- facts on saying the Kennedy bill would screened, who might die of prostate prove, or we will put them in prison if only cost $1 a month. One Member said cancer because Senator KENNEDY they provide medical care that is not it would only cost one Big Mac a thinks it is more important to be able on our approved Federal list. That will month. That is absolutely, totally to hire a lawyer than it is for people to be their answer to the problem they false. have insurance so that they can get create with this bill. That is what this I have been looking at the Congres- prostate screening. debate is about. sional Budget Office cost estimate of Really, the bill before us is not about I am sure, having looked at their bill, the Kennedy bill, S. 6, the Patients’ doctors. Nothing in Senator KENNEDY’s they have done a poll, they have looked Bill of Rights of 1999. I will read a cou- bill lets you choose your doctor or fire at a focus group, and they have deter- ple of provisions. If this report is your HMO. It lets you choose a lawyer mined that somehow they are going to wrong, I wish to be corrected. Members and contact a bureaucrat. In doing so, gain some political points by the bill are making statements that it will it drives up costs by 6.1 percent and it they put forward. only cost $2 a month, or one hamburger denies 1.8 million people their health We have gone about it a little bit dif- a month—unless they are buying that insurance. As a result, we get less care, ferently. We have spent 2 years with hamburger in Cape Cod or Hyannis not more; we get more expensive care, people such as BILL FRIST—who has ac- Port. Maybe that is $30 a month. It is not cheaper. And anybody that believes tually practiced medicine; not only not a Big Mac in Oklahoma. July 13, 1999 CONGRESSIONAL RECORD — SENATE S8323 Page 3 of the CBO report says most of Mr. FRIST. It is important for us to have to be very careful in this body the provisions would reach the full ef- look at the CBO reports because they that we don’t cause them to drop their fect within the first 3 years after en- have obviously looked at various man- insurance or decrease their benefits actment. CBO estimates the premiums dates in this bill. I ask the Senator if package. I continue back with the for employer-sponsored health care this is correct. It says: quote: plans would rise by an average of 6.1 CBO finds the bill as introduced [Senator . . . increase cost sharing by percent in the absence of any compen- KENNEDY’s bill] would increase the cost of beneficiaries . . . sating changes on the part of employ- health insurance premiums by 6.1 percent. As an aside, I am not sure we want to ers. Is that correct? throw that increased cost sharing on What would the compensating Mr. NICKLES. That is correct. our beneficiaries unless it is absolutely changes be? CBO says, on page 4, em- Mr. FRIST. Does that 6.1-percent in- necessary. ployers could drop health insurance en- crease include the cost of inflation in . . . increase the employees’ share of the tirely if we pass the Kennedy bill. Em- health care? Or is that separate from premium. CBO assumed employers would de- ployers could drop health insurance en- that? flect about 60 percent of the increase in pre- tirely, which I am afraid many would Mr. NICKLES. The Senator makes an miums through these strategies. do. They could reduce the generosity of excellent point. That is over and above Mr. President, 60 percent, that is al- the benefit package, according to CBO, whatever inflation is already antici- most unconscionable unless these man- increase the cost sharing by bene- pated for health care costs. dates are entirely necessary. Mr. NICKLES. I thank my friend and ficiaries, or increase the employee’s Mr. FRIST. So we have health care colleague. He makes an excellent share of the premium. inflation. We know we worked hard to point. Again, this is CBO saying if we This is CBO. This is not just DON reduce it, but the rate of health care do this, employers are going to drop NICKLES. This is not some right-wing inflation already is two or three times health insurance or they are going to conspiracy. They are saying if health that of general inflation. So that is al- drop the quality of the package. He care costs are increased this much, ready built into the equation. The in- crease, because of the Kennedy bill, is makes an excellent point. some employers will drop plans. Some Mr. President, I yield the floor. employers will say employees have to an additional 6.1 percent; is that cor- rect? The PRESIDING OFFICER. Who pay a lot more. Some employers will yields time? come up with cheaper plans. CBO said Mr. NICKLES. That is correct. Mr. FRIST. So we are talking about Mr. FRIST. Mr. President, I yield some will reduce the generosity of the a potential increase of 9, 10, 11 percent myself 5 minutes. benefit package, come up with cheaper in premiums? The PRESIDING OFFICER. The Sen- plans, not cover so much. Mr. NICKLES. Even higher than ator from Tennessee. I thought the purpose of the bill was that. I think the estimate I have, that Mr. FRIST. Parliamentary inquiry. to improve health care quality, not was done by the National Survey of the How much time remains? The PRESIDING OFFICER. The Sen- come up with cheaper plans, not come Employee-Sponsored Health Care ator has 6 minutes 10 seconds. up with fewer plans, not come up with Plans, Mercer, which is probably one of greater uninsured. That is what CBO is Mr. FRIST. And on the other side? the biggest actuaries in health care, es- The PRESIDING OFFICER. On the saying increased costs would be. timates a 9-percent increase for next How much would it cost? Again, I am other side, 5 minutes 51 seconds. year in health care costs. So if you put a stickler for having facts. What is the Mr. FRIST. Mr. President, this Pa- 6.1 percent on top of that, that is a 15- estimated budgetary impact of the tients’ Bill of Rights is critical. For us percent increase in health care costs Kennedy bill? CBO says it would reduce to come in and return the balance be- for next year. Social Security payroll taxes by about tween physicians and patients in man- Mr. FRIST. So we have health care aged care—and I think managed care $8 billion over the next 10 years, reduc- going to 10, 11, 12, 13, 14, 15 percent, ing Social Security payroll taxes by $8 has gone too far—we need to absolutely possibly higher because of the bill, cou- make sure patients and physicians are billion. That means total payroll goes pled with things we cannot control. down by $64 billion. That is a big reduc- empowered so the very best care is Yet we know this bill is something we given to that patient. It means we in tion. That is a lot of money coming can control. out. That is a lot of money that people this body have to be very careful not to For every 1 percent increase in pre- drive the cost just sky high, through won’t receive in wages, according to miums—you say it is going to be 10, 12, the CBO, because Congress passed a the roof. Why? Because all the informa- 13, 14, 15—how many people are driven tion, all the data presented to us is if bill. Congress said: We know better; we to the ranks of the uninsured? we make these premiums skyrocket should micromanage health care from Mr. NICKLES. Most of the profes- people are going to lose their insur- Washington, DC. The net result is lost sionals and actuaries usually estimate ance. wages of $64 billion. That is not one Big about 300,000. We have not talked about that very Mac per month. Mr. FRIST. The reasons for that much. I mentioned it to my colleagues. What is the cost per month? Family seem to me to be fairly obvious. With Is very important to get some insur- premium for health insurance, accord- premiums going sky high, and you are ance coverage. Some coverage gets you ing to Peat Marwick: $5,826 in 1998; 6.1 a small employer and trying to do the into the door. That makes sure you percent of that is $355 per year. That is very best to take care of your employ- have access to health care. right at $30 per month an employer ees and offer them insurance and you If we look at the President’s own ad- would pay. What does CBO say the em- are barely scraping by with your mar- visory commission on managed care, ployer would do if they were saddled gins, as small businesspeople are work- they were very careful to consider with those kinds of increases? They ing so hard to do, is it not correct that costs. I think we should be, just as they would drop plans, drop health insur- an 11-, 12-, 15-percent increase is were, very careful. ance entirely, reduce the generosity of enough to make you say I just cannot This is one of their guiding principles the benefit package, increase cost shar- do it anymore? of President Clinton’s Advisory Com- ing by beneficiaries, or increase the Mr. NICKLES. Unfortunately, that is mission on Consumer Protection and employees’ share of the premium. the case. Quality in the Health Care Industry. We should use facts. The cost of the Mr. FRIST. Is it correct, what the They basically say: Kennedy bill is not one Big Mac; it is CBO says, responding to, ‘‘How will Costs matter . . . the commission has about $30 a month for a family plan. employers deal with these costs?’’ Do sought to balance the need for stronger con- According to CBO, I am afraid a couple you agree with what the CBO says: sumer rights . . . of million people, at least 1.8 million Employers could respond to premium in- As an aside, we have to do that and people, would lose the insurance they creases in a variety of ways. They could drop accomplish that in this bill we have be- already have. We should not do that. health insurance entirely, reduce the gen- fore us this week. That would be a serious mistake. erosity of the benefit package ...... with the need to keep coverage afford- Mr. FRIST. Will the Senator yield? I tell you, as a physician, neither of able . . . Health coverage is the best con- Mr. NICKLES. I am happy to yield. those sound very attractive to me. We sumer protection. S8324 CONGRESSIONAL RECORD — SENATE July 13, 1999 I agree with this. We need to come 20,872. Again, we talked about the 1.8 common sense and understanding of back to this guiding principle and con- million nationwide. Look to our own what is in that legislation. sider cost. individual States. Before responding to that, I start out We talk about the mandates. Let me The PRESIDING OFFICER. The time with the basic core issues, which have say, because I mentioned the commis- of the Senator has expired. been raised again and again by those sion, we have a lot of mandates in the Mr. FRIST. Mr. President, I will who are opposed to our bill: One, costs; underlying Kennedy bill. I think we close simply by saying I am very glad and, two, coverage. need to go through and see what other this amendment was brought to the When all is said and done and after people have said about these mandates; floor because very early on it says this we have listened to the distortions and are they necessary? Because we know debate is more, it is in addition to just misrepresentations of our good Repub- unlimited mandates imposed on insur- patient protections. Why? Because the lican friends, here is, majority leader ance companies, States, individuals, if ultimate patient protection means you TRENT LOTT on NBC ‘‘Meet the Press’’ they are not necessary, are going to get good quality of care and you have saying: By the way, the Democrat’s bill drive costs up and decrease access. If access to that care. So over the next would add a 4.8 percent cost. we look at the Democratic mandates— several days our primary objective is This is the Republican majority lead- and I just put a few on here to see to increase that quality of care, strong er agreeing with the Congressional whether or not President Clinton’s Ad- patient protections, but do all that Budget Office figures. Maybe the other visory Commission on Consumer Pro- without hurting people, without throw- side gets a great deal of satisfaction— tection and Quality recommended ing them to the ranks of the uninsured. they certainly take a lot of time to dis- them—you will find the following. That is our challenge. That is why I tort and misrepresent the facts. But Under a medical necessities defini- am very proud of our underlying Re- let’s look at 4.8 percent—or even 5 per- tion, something we will be debating publican bill and look forward to sup- cent—impact on a family’s premium over the next couple of days: Rejected porting it and gathering more support over 5 years. The family’s premium under the President’s commission. as we go over the next several days. might be $5,000 a year. Looking cumu- Under the health plan liability, com- I yield the floor. latively at 5 percent—1 percent a ing back to bringing the lawyers into The PRESIDING OFFICER. Who year—that would be $250 for the total the emergency room and suing every- yields time? of 5 years, $50 a year. one: Rejected; mandatory repeal of If neither side yields time, time will You can misrepresent the figures, standardized data, rejected by Presi- be charged equally. you can distort the figures, you can dent Clinton’s commission; State-run Mr. KENNEDY addressed the Chair. frighten the American people, which is ombudsman program, rejected by the The PRESIDING OFFICER. The a common technique; it was done on President’s commission; restriction on Chair recognizes the Senator from Mas- family and medical leave. Do you re- provider financial incentives, rejected sachusetts. member that argument put out by the by the President’s commission. All of Mr. KENNEDY. Mr. President, what Chamber of Commerce about the cost these are mandates in the Kennedy bill is the time situation? of family and medical leave to Amer- today, all of which were rejected by the The PRESIDING OFFICER. The side ican business? They still cannot docu- President’s own commission. of the Senator from Massachusetts has ment it. Do you remember, when we Rules for utilization review, section 35 minutes; the other side has used up had the minimum wage debate, claims 115 in S. 6, the Kennedy bill: Rejected all its time. about the cost to American business? by the commission. Provider non- Mr. KENNEDY. It is our intention to They still cannot document it. As a discrimination based on licensure, re- respond to these arguments briefly and matter of fact, Business Week even jected by the commission. then offer an amendment. I yield my- supports an increase in the minimum The point is not so much each of self 5 minutes. wage. these and the sections I have enumer- Mr. President, as we see in this insti- Now on the third issue, here it comes ated here, 151, 302, 112, 151. The point is, tution, there are amendments which again, the bought-and-paid-for studies in this body, as we go forward, we have are offered that are poison pill amend- by the insurance industry. That is to be very careful in all of the rhetoric ments. They are amendments that ef- what these studies are all about. They and all of our commitment and all of fectively kill legislation. That is really are bought and paid for by the insur- our hard work, legitimately, on both the purpose of this; we ought to be very ance companies, and they distort and sides, to protect patients. We have to clear about it. Senator GRAMM of Texas misrepresent. be very careful not to go too far out of has indicated if that amendment is ac- Mr. NICKLES. Will the Senator good intentions, to the point that it is cepted, this whole debate comes to a yield? unnecessary, if they do not need those halt and it ends any possibility of a Pa- Mr. KENNEDY. I will not yield at rights, and it also drives the cost up. tients’ Bill of Rights. That is what we this time. You would not yield last So when you go through the Kennedy are faced with at this time. evening when I was trying to ask Re- bill and see these mandates, President We will have an opportunity to judge publicans about particular provisions. Clinton’s own Advisory Commission on whether the Senate wants to end any How many times did we hear from Consumer Protection and Quality consideration of a Patients’ Bill of the other side: Let’s rely on the Con- looked at them, considered them, but Rights—or whether this is an issue gressional Budget Office, they know rejected them. that ought to be considered—when we what is best. We were just with the Why? I cannot tell you for sure why vote on that particular amendment. We President of the United States. He said because I was not in the room, but I will have a chance to vote on the var- every time he sat down with the Re- think it comes back to the amendment ious amendments we have outlined and publican leadership, they said: We will we are talking about today and to what presented in different forms. We will not do anything unless we get the CBO they have actually said in their guid- continue to discuss these amendments figures. ing principles: Costs do matter. over the course of this debate. We have given you the CBO figure. The commission has sought to balance the One of the techniques used in this in- The majority leader agrees with the need for stronger consumer rights—— stitution—perhaps less so now than in CBO figure. Let’s put that aside. Just as we are in our Republican Pa- the past—is to present the opposition’s The second issue is coverage. The tients’ Bill of Rights Plus bill—— arguments with distortion and mis- issue is whether more people will lose with the need to keep coverage afford- representation, and then differ with their health insurance coverage be- able. . . . Health coverage is the best con- the distortions and misrepresentations. cause we are going to do all of the sumer protection. We saw a classic example of that with things that Senator GRAMM talked I look back at Tennessee. Looking at my good friend, the Senator from about. I yield to no one on the passage the uninsured and the costs associated Texas, Mr. GRAMM. He went through of health care in order to expand cov- with the underlying Kennedy bill, the this whole routine about what was in erage. The idea that the groups in sup- number in Tennessee that we throw to this bill and then he, in his wonderful port of this particular proposal would the ranks of the uninsured would be way, differed with it, like only he had support a proposal which means that 2 July 13, 1999 CONGRESSIONAL RECORD — SENATE S8325 million Americans would lose coverage The Senator from Massachusetts [Mr. KEN- reasons or other special interest groups is preposterous on its face. On the one NEDY], for Mr. ROBB, for himself, Mrs. MUR- that have gotten into his bill. hand, they are so busy over here say- RAY, Mrs. BOXER, Ms. MIKULSKI, Mr. KEN- But back to the cost. My colleague ing: Look who is supporting your pro- NEDY, Mr. REID, Mr. DURBIN, Mr. FEINGOLD, says: Well, it is only 1 percent per year. Mrs. LINCOLN, Mr. DASCHLE and Mr. BYRD gram, the AFL-CIO. Do you think they proposes an amendment numbered 1237 to CBO says the cost would be 6 percent are going to support legislation—I amendment No. 1236. when it is fully implemented in 3 yield myself 2 more minutes—that will Mr. REID addressed the Chair. years—not 5 years. So Senator KEN- cause 2 million Americans to lose cov- The PRESIDING OFFICER. The Sen- NEDY is able to say: Well, we think it is erage? Are we supposed to actually be- ator from Nevada. about 5 percent over 5 years; therefore, lieve that? Or all the many groups—I Mr. REID. Parliamentary inquiry. it is a 1-percent per year cost increase. will not take the time to enumerate That amendment is offered on behalf of And employees only pay 20 percent, them—that support a comprehensive Senator ROBB and others; is that so? which is how he gets his one Big Mac program to expand coverage? That is The PRESIDING OFFICER. Yes. per month. It just does not work. It poppycock. That is baloney. They even Mr. REID. I ask unanimous consent does not equate. The bill, when fully understand that in Texas. It is baloney. reading of the amendment be dispensed implemented, is 6.1 percent. That is in The idea that 180,000 women are with. 3 years, and the cost is $355 per year. going to lose breast cancer screening, The PRESIDING OFFICER. Is there If that happens, you are going to 52,000 a year are going to lose mammo- objection? have a lot of people, according to grams, 135,000 women in this country Without objection, it is so ordered. CBO—not some study financed by the are going to lose Pap tests when the (The text of the amendment is print- insurance companies—who are going to American Cancer Society supports us ed in today’s RECORD under ‘‘Amend- lose their coverage, a lot of people who lock, stock, and barrel—come on, let’s ments Submitted.’’) are going to get less quality coverage, get real. Whom do you think you are The PRESIDING OFFICER. Who people who are going to have to pay a talking to, the insurance companies yields time? greater percentage of the coverage, Several Senators addressed the again? Can you imagine a preposterous people who are going to have to pay a Chair. statement and comment like that com- The PRESIDING OFFICER. The Sen- greater percentage of the premiums if ing from the Senator from Texas? That ator from Oklahoma. we pass the Kennedy bill. That is the just goes beyond belief. Mr. NICKLES. I would like to make a bad news. The good news is we are not I will make a final comment or two few comments. I will not address the going to pass it. about freedom. We heard a lot about amendment that was just sent to the But I think we have to stay with the freedom. Remember that, we heard all desk, but I would like to respond to my facts. The facts are that the Kennedy yesterday afternoon about freedom? We colleague. bill increases costs dramatically and heard about freedom this morning. We First, I started to call Senator FRIST. increases the number of uninsured dra- heard about freedom: We are for free- Sometimes I call him because we need matically. That would be a serious mis- dom. The other side is not for freedom, help on the floor to debate things, such take. That is something we are not but we are for freedom. Support our po- as medical necessity or other medical going to allow to happen. sition, you will be for freedom. procedures. This time I thought I Mr. President, I yield the floor. The insurance companies want free- would call him because I thought we The PRESIDING OFFICER. Who dom from accountability. That is what might need him because I was afraid yields time? they want, freedom to undermine good somebody might have a heart attack Mr. KENNEDY. Mr. President, I yield quality health care for children, for getting so excited in the debate. 10 minutes to the Senator from Vir- women who have cancer, for the dis- But let me just touch on a couple of ginia. abled. That is what they want—free- comments that my good friend and col- The PRESIDING OFFICER. The Sen- dom from accountability and responsi- league, Senator KENNEDY, made. He ator from Virginia. bility. said: Enough about this cost stuff. He Mr. WELLSTONE. Before the Sen- That is baloney, too. We want ac- said: That was done by some study that ator speaks, may I do two quick countability. I am surprised to hear was bought and paid for by the insur- things? from the other side all the time about ance companies. PRIVILEGE OF THE FLOOR how they want personal responsibility Correct me if I am wrong, but I stand Mr. President, I ask unanimous con- and accountability. corrected if the Congressional Budget sent that Renato Mariotti, an intern, I ask for another 2 minutes. Office is bought and paid for by the in- be allowed on the floor during this de- They always want personal responsi- surance companies. If so, I would like bate today. bility and accountability with the ex- to know it. I am not aware of that. The PRESIDING OFFICER. Without ception of HMOs. Sue your doctors, My colleague alluded to the fact that objection, it is so ordered. fine, but not your HMOs, not your in- Republicans are bought and paid for. Mr. WELLSTONE. I ask unanimous surance companies, not those that have He was close to getting a rule invoked. consent that I follow Senator ROBB paid $100 million and effectively bought I do not think he meant to say that. I after we get back from caucuses, that I this Republican bill—yes; that is will let that go. be first in order. right—those provisions are dictated by I am not going to make allusions The PRESIDING OFFICER. Is there the insurance companies. that trial lawyers have bought one side objection? That is what we have. The American or that the unions have bought one Without objection, it is so ordered. people are too smart to buy that. side, although he did mention that the Mr. ROBB addressed the Chair. I know there are others who want to unions support his bill. It just happens The PRESIDING OFFICER. The Sen- speak. I yield back my time. to be that the unions are exempt from ator from Virginia has 10 minutes. AMENDMENT NO. 1237 TO AMENDMENT NO. 1236 his bill. That is interesting. They are Mr. ROBB. Thank you, Mr. President. (Purpose: To provide coverage for certain exempt for the duration of their con- And I thank my colleague from Massa- items and services related to the treat- tracts. chusetts. ment of breast cancer and to provide ac- Mr. President, while I would concede cess to appropriate obstetrical and gyneco- So his bill basically tells every pri- logical care, and to accelerate the deduct- vate employer: You have to rewrite that most Members of this body are ibility of health insurance for the self-em- your contract next year, except for very concerned about issues that have ployed) unions. Oh, if you have unions, you special relevance to women, we all too Mr. KENNEDY. I send an amendment don’t have to redo it until the end of often leave much of the advocacy on to the desk and ask for its immediate your contract. If the contract is for 4 those issues to women who are col- consideration. years, you don’t have to touch it for 4 leagues in the Senate. In a legislative The PRESIDING OFFICER. The years. But anybody else, you rewrite it body with only 9 women and 91 men, clerk will report the amendment. next year. the amount of time focused on issues of The legislative assistant read as fol- Maybe that is the reason the unions special concern to women is often lows: have signed on. Maybe there are other skewed. As someone who has always S8326 CONGRESSIONAL RECORD — SENATE July 13, 1999 prided himself on standing up for bill, which has been offered for the pur- they have experienced the trauma of a equality of opportunity, that seems poses of debate by Senator DASCHLE, mastectomy. Each year, millions of profoundly unfair. will not grant women direct access to women are screened for cancer by Women’s health—and, specifically, care. mammogram and, sadly, nearly 200,000 the choices women have in our health First of all, their bill only covers a of them are diagnosed with breast can- care system—ought to be a special con- limited percentage of the women who cer. cern to everyone. have health care insurance in our coun- The options women face in such cir- As a father of three daughters, I have try, leaving more than 113 million cumstances are difficult, and in a time come to better understand that the Americans without any basic floor for of great uncertainty, women ought not types of health care women need and patient protections. Then, for the mi- be forced to face unnecessary addi- the way they access it are often very nority of patients that they do cover, tional burdens. Unfortunately, some different from the health care needs of the Republicans offer only a hollow set women have been told by their health men. of protections but leave many women insurer that a mastectomy will only be Unfortunately, our health care sys- without direct access to the care they covered on an outpatient basis. Given tem has long ignored some important need. While their bill would allow a the trauma that a woman faces with facts about women’s health. During woman to obtain routine care from an such major surgery, both physical and this important debate on the Patients’ OB/GYN, such as an annual checkup, emotional, it is unconscionable that Bill of Rights, I have offered an amend- the bill would not ensure that a woman some insurers refuse to cover proper ment that would do something to cor- can directly access important followup hospital care after a mastectomy. rect that. I rise to explain the amend- obstetrical or gynecological care after Much like the restrictions on access to ment which was just sent to the desk her initial visit. For example, if a obstetricians and gynecologists, these which will help women get the medical woman were to have a Pap smear dur- restrictions on hospital care after such care they need. ing a routine checkup at her gyne- The amendment has been crafted traumatic surgery are simply bad for cologist, and that Pap smear came women’s health. After a mastectomy, with Senators MURRAY, BOXER, and MI- back abnormal, the Republican bill doctors tell us that hospitalization is KULSKI and will remove two of the would not guarantee that she could ac- greatest obstacles to quality care that often critical to foster proper healing, cess important followup care from the women face in our current system as well as to provide support to women today: No. 1, inadequate access to ob- same doctor. who have just experienced the emo- Instead, their bill would allow insur- stetricians and gynecologists; and, No. tional trauma of such major surgery. ers to force her to go back to a primary 2, inadequate hospital care after a mas- Our amendment will return control care gatekeeper physician to get per- tectomy. over this important medical decision We know today that for many mission for a followup visit to her gyn- to the medical professionals and ensure women, their OB/GYN is the only phy- ecologist. This may sound unbeliev- that doctors who actually know and sician they regularly see. While they able, but a recent survey showed that examine their patients, not some dis- have a special focus on women’s repro- women face this obstacle 75 percent of tant, impersonal insurance company ductive health, obstetricians and gyne- the time. In addition, the Republican representative, make decisions about cologists provide a full range of preven- bill will now allow a woman to des- the length of stay in the hospital fol- tive health services to women, and ignate her OB/GYN as her primary care lowing a mastectomy. It would put many women consider their OB/GYN to provider. into law the recommendations of the be their primary care physician. Their provision ignores one of the American Association of Health Plans, Unfortunately, some insurers have basic facts about the ways women re- who said in 1996, that: failed to recognize the ways in which ceive health care in America today. The decision about whether outpatient or women access health care services. While OB/GYNs have a special exper- inpatient care best meets the needs of a Some managed care companies require tise on women’s reproductive systems, woman undergoing removal of a breast a woman to first visit a primary care they are also trained at primary care. should be made by the woman’s physician doctor before she is granted permission For women, their OB/GYN is the only after consultation with the patient . . . as a to see an obstetrician or gynecologist. doctor that they see on a regular basis. matter of practice, physicians should make all medical treatment decisions based on the Others will allow a woman to obtain Because many of these women con- sider their OB/GYN to be their primary best available scientific information and the some primary care services from her unique characteristics of each patient. OB/GYN but then prohibit her from vis- care physician, they depend on him or Although this commonsense, impor- iting any specialists to whom her OB/ her for the full range of diagnostic and tant provision was included in legisla- GYN refers her without first visiting a preventative services that are offered tion offered by the other side of the standard primary care physician. This by other general practitioners. Statis- aisle last year, it has inexplicably been isn’t just cumbersome to women; it is tics show that women are more likely dropped from their bill this year. We bad for their health. to have had a physical from an OB/GYN According to a survey by the Com- in the past year than from any other cannot, however, retreat from our com- monwealth Fund, women who regularly doctor. One survey from the University mitment to the health and well-being see an OB/GYN are more likely to have of Maryland showed that OB/GYNs pro- of the women of America. had a complete physical exam and vide 57 percent of the general physical Finally, this amendment would help other preventative services—like mam- exams given to women. In another sur- self-employed women and, indeed, all mograms, cholesterol tests, and Pap vey, when asked who they go to for pri- self-employed Americans better access smears. mary care, 54 percent of the women affordable health insurance by making At a time when we need to focus our said it is to their OB/GYN. the cost of their insurance fully tax de- health care dollars more toward pre- We know how women access primary ductible. vention, allowing insurers to restrict care and we know that by allowing The PRESIDING OFFICER. The Sen- access to health professionals most them to get this care, their health care ator’s 10 minutes has expired. likely to offer women preventative will improve. Yet insurers often ignore Mr. ROBB. I ask for 1 additional care only increases the possibility that the fact that many women rely on minute. greater complications and greater ex- their OB/GYN for primary care, mak- Mr. KENNEDY. Fine. Are we still penditures arise down the road. ing it more difficult for them to access recessing at 12:30? We ought to grant women the right preventative care and other services. The PRESIDING OFFICER. Yes. to access medical care from obstetri- Our amendment will grant women That is the order. cians and gynecologists without any more direct access to health care pro- Mr. ROBB. Finally, this amendment interference from remote insurance fessionals that they have come to de- would help self-employed women and, company representatives. This amend- pend upon. indeed, all self-employed Americans ment is designed to do just that. The second piece of this amendment better access affordable health care by I offer this amendment on behalf of will address the inhumane treatment making the cost of their insurance my colleagues because the Republican that some women have received after fully tax deductible. The current tax July 13, 1999 CONGRESSIONAL RECORD — SENATE S8327 system penalizes self-employed individ- seeing the providers they choose. Sixty However, our amendment does not uals, and this amendment will ensure percent of all women who need gyneco- require a woman to stay in the hos- they are treated equally. logical care and 28 percent of all pital. Our amendment does not require I am concerned that the bill offered women who need obstetric care are ei- a hospital stay for a set number of by the other side doesn’t even cover 70 ther limited or barred from seeing hours. Our amendment does require percent of Americans with health in- their OB/GYNs without first getting that the physician, in consultation surance. I am even more concerned, permission from another physician. with the patient, decides how long the however, that the protections they of- Once the patient is able to gain access woman should remain in the hospital. fered to this limited number of Ameri- to her own OB/GYN, she is forced to re- The physician determines what is cans doesn’t reflect the health needs of turn to her primary care gate keeper medically necessary and what is in the half of our population, the women in for permission to allow her OB/GYN to patient’s best interest. our population. provide necessary follow-up care al- I cannot believe there is anyone in I know we can do better. We should most 75 percent of the time. this chamber who would want to see a do better. I urge my colleagues to sup- What my Republican colleagues fail loved one go through a mastectomy port this amendment which recognizes to understand is that women need OB/ and be forced by her insurance com- the critical needs facing the women in GYN care for much more than simple pany to go home immediately. If we this country today. routine care. They also fail to under- have any compassion at all we should With that, I yield the floor, and I re- stand the important relationship be- adopt this provision. serve any time remaining on my side. tween a woman and her own OB/GYN. Let me respond to one criticism I’ve The PRESIDING OFFICER. Under OB/GYN providers are often a women’s heard about this amendment from in- the previous unanimous consent, the only point of entry into the health care surance companies. Some have claimed Senator from Minnesota—— system. they do not have a policy of drive Mr. KENNEDY. Mr. President, I ask Our amendment would allow women through mastectomies. I commend unanimous consent that that consent direct access to OB/GYN care and fol- them and hope they would support this agreement be vacated. low-up care as well. It would also allow amendment to prohibit this cruel prac- The PRESIDING OFFICER. Without a woman to designate an OB/GYN pro- tice by other companies. I would also objection, it is so ordered. vider as her primary care physician. add that while most insurance compa- We know historically that women have Mr. KENNEDY. I yield 21⁄2 minutes to nies may not engage in this kind of not been treated equally in receiving the Senator from Washington and 21⁄2 outrageous behavior today, how can we minutes to the Senator from Maryland. health care. We know that some physi- insure they will not tomorrow? The PRESIDING OFFICER. The Sen- cians do not treat women with the Our amendment is about protecting ator from Washington. same aggressive strategies as they and improving women’s health. For Mrs. MURRAY. Mr. President, I rise treat their male patients, especially that reason, the College of Obstetri- as a sponsor of this amendment to pro- when women complain about depres- cians and Gynecologists support it. If tect women’s health. This amendment sion or stress. my colleagues truly consider them- What we do know is that OB/GYNs offers true security to women; it deals selves champions of women’s health, have traditionally been strong advo- with women’s access to health care and they must vote for this amendment. I cates for women’s health. They under- women’s treatment when they receive can assure you that women will not be stand the physical and emotional that care. This amendment ensures fooled by the empty promises in the changes a women experiences through- women get more than just routine care Republican bill. We know the dif- out her life. The 1993 Commonwealth when they visit their obstetrician/gyn- ference between routine and com- Fund Survey of Women’s Health found prehensive OB/GYN care. We know how ecologist and it protects women the number of preventive services re- against the pain and danger of so- traumatic and life-altering a mastec- ceived by women, including a complete tomy can be. We know we need real called drive-through mastectomies. physical exam, blood pressure test, While the underlying Republican bill protection and this amendment pro- cholesterol test, breast exam, mammo- vides it. does allow access to OB/GYN care, the gram, pelvic exam, and pap smear, are HELP Committee went to great Mr. President, I especially thank higher for those whose regular physi- Senator ROBB for his leadership on this lengths to ensure women only had ac- cian is an OB/GYN than for those issue. cess for routine care—and nothing whose primary care doctor is not. He is right. There are only nine more. Let me quote from the com- Women are simply afforded greater ac- women in the Senate. We shouldn’t mittee report, ‘‘The purpose of this sec- cess to preventive and aggressive have to rush to the floor to defend all tion is to provide women with access to health care services with OB/GYNs. of the women in this country every routine OB/GYN care by removing any I am not sure why some of my Repub- time an issue comes up that affects barriers that could deter women from lican colleagues want to deny unob- women’s health. This is an issue that seeking this type of preventive care.’’ structed access to important health affects men as well. It affects their While the Republicans recognize the care services for women. It cannot be daughters, their wives and mothers, need for direct access, the language of about costs. The Congressional Budget their aunts. I appreciate Senator ROBB their bill and their report makes it Office estimated that the cost of direct and his leadership in making sure that clear that direct access is guaranteed access and primary care by OB/GYNs as women are protected when it comes to only for routine care. only 0.1 percent of premiums. If my their health care. Let me explain what that means. If colleagues are so concerned about Senator ROBB did an excellent job of during a routine examination, a wom- costs, can’t they at least guarantee outlining what our amendment does. It an’s OB/GYN finds a lump or an incon- that women get the quality health care does two basic things: sistency in her breast, the OB/GYN they pay for? This amendment ensures It allows a woman the right to would not be allowed to refer the pa- they will. choose an OB/GYN as her primary care tient for further examination. Instead, The other important provision in this physician. As every woman in this the woman would have to go back to amendment prohibits drive through country knows, their OB/GYN, their the gate keeper and hope that her pri- mastectomies. It is outrageous that obstetrician/gynecologist, is the doctor mary care physician approved the re- current trends in health care could they go to, whether it is for pregnancy, ferral. We should all agree this is a force women to endure a mastectomy whether it is for breast cancer, whether waste of time and energy—time and en- on an outpatient basis. It is wrong to it is for health care decisions that af- ergy that would be better spent dealing send these women home to deal with fect them later on in life. We want to with the potential breast cancer. the emotional and physical pain of the make sure that women have access to A recent study conducted by the operation—as well as with the respon- those doctors without having to go American College of Obstetricians and sibility for draining surgical wounds back to a primary care physician. Gynecologists shows that managed and performing other post-surgical When a woman is pregnant and she care plans are keeping women from re- care. These women should not be aban- gets an ear infection, she may be treat- ceiving the health care they need and doned during their time of need. ed dramatically different than someone S8328 CONGRESSIONAL RECORD — SENATE July 13, 1999 else who has an ear infection, for exam- year old is different than a 38 year old. their bodies and still feeling the effects ple. A woman needs to have access to This legislation parallels the D’AMATO of anesthesia. This should not be al- the OB/GYN, and this amendment Sen- legislation that had such tremendous lowed to happen. Plans should not put ator ROBB and I and the other Demo- support on both sides of the aisle. I say concern about costs before the well- cratic women are offering assures the to my colleagues, if we are going to being of women. woman that access. race for the cure, let’s race to support The Republican bill does not provide Secondly, it deals with the so-called this amendment. women with sufficient access to care. drive-through mastectomy legislation Mr. REID addressed the Chair. Plans would not be required to allow where too many HMOs today are tell- The PRESIDING OFFICER. The Sen- women to choose their ob/gyn as their ing a woman after this radical ator from Nevada is recognized. primary care provider. In addition, the surgery—— Mr. REID. Mr. President, Senator Republican bill would allow health The PRESIDING OFFICER. The time BYRD is on his way here. He has asked plans to limit women’s direct access to of the Senator has expired. for 1 minute. If the Senator from Okla- her ob/gyn to routine care which could Mrs. MURRAY. I ask unanimous con- homa would indulge me, he should be potentially be defined by a plan as one sent for an additional 30 seconds. here momentarily. I ask unanimous visit a year. In addition, ‘‘drive- The PRESIDING OFFICER. Without consent that Senator BYRD be entitled through mastectomies’’ would not be objection, it is so ordered. to 1 minute when he gets here, which prevented under their bill. Mrs. MURRAY. Too many women should be momentarily. Mr. President, the Robb amendment today are told they need to go home The PRESIDING OFFICER. Is there contains commonsense protections before they are ready to take care of objection? women need and deserve. I urge my col- themselves or their families. This Without objection, it is so ordered. leagues to support this important amendment doesn’t designate a time. Mr. BYRD addressed the Chair. amendment. It says the doctor will determine The PRESIDING OFFICER. The I yield the floor. whether that woman is ready to go Chair recognizes the Senator from f home after this radical surgery. West Virginia. I commend my colleagues for this Mr. BYRD. Mr. President, how much RECESS issue. I urge the Members of the Senate time remains before the recess? The PRESIDING OFFICER. Under to stand up, finally, for women’s health The PRESIDING OFFICER. The the previous order, the hour of 12:30 and vote for this amendment. unanimous consent allows 1 minute. having arrived, the Senate will now The PRESIDING OFFICER. The Mr. BYRD. Mr. President, I ask unan- stand in recess until the hour of 2:15 Chair recognizes the Senator from imous consent that I may speak for not p.m. Maryland. to exceed 3 minutes. Thereupon, the Senate, at 12:36 p.m., Ms. MIKULSKI. I thank the Chair. The PRESIDING OFFICER. Is there recessed until 2:16 p.m.; whereupon the Mr. President, I thank Senator Robb objection? Senate reassembled when called to and Senator KENNEDY for their support Without objection, it is so ordered. order by the Presiding Officer (Mr. of this very crucial legislation. We, the Mr. BYRD. Mr. President, I am BENNETT). women of the Senate, really turn to pleased that the Senate is finally con- The PRESIDING OFFICER. Under men we call the ‘‘Galahads,’’ who have sidering managed care reform legisla- the previous order, the Senator from stood with us and been advocates on tion. I believe that the Democratic New Hampshire is recognized to speak very important issues concerning wom- version of the Patients’ Bill of Rights for up to 45 minutes. en’s health. is the right vehicle on which to bring Mr. LOTT. Mr. President, I suggest Often we have had bipartisan sup- reform to the nation. the absence of a quorum. port. I ask today that the good men on Our colleague from Virginia, Mr. The PRESIDING OFFICER. The the other side of the aisle come to- ROBB, has offered an amendment that clerk will call the roll. gether and support the ROBB amend- highlights an important aspect of man- The legislative assistant proceeded ment. We have raced for the cure to- aged care that needs to be fine-tuned, to call the roll. gether. We have done it on a bipartisan and that is women’s access to health Mr. SMITH of New Hampshire. Mr. basis. Certainly, today we could pass care. This amendment would allow a President, I ask unanimous consent this amendment. I challenge the other woman to designate her obstetrician/ that the order for the quorum call be party to vote for this amendment be- gynecologist (ob/gyn) as her primary rescinded. cause what it will do is absolutely save care provider and to seek care from her The PRESIDING OFFICER. Without lives and save misery. ob/gyn without needing to get objection, it is so ordered. There are many things that a woman preauthorization from the plan or from Mr. SMITH of New Hampshire. Mr. faces in her life, but one of the most her primary care provider. Even President, I ask I be recognized for a terrible things that she fears is that though many women consider their ob/ period of time, approximately 45 min- she will go to visit her doctor and find gyn as their regular doctor, a number utes. out from her mammogram and her phy- of plans require women to first see The PRESIDING OFFICER. Under sician that she has breast cancer. The their primary care provider before see- the order, the Senator from New Hamp- worst thing after that is that she needs ing their ob/gyn. This means that a shire is recognized for 45 minutes. a mastectomy. Make no mistake, a costly and potentially dangerous level f mastectomy is an amputation, and it of delay is built into the system for has all of the horrible, terrible con- women. This amendment would allow a LEAVING THE REPUBLICAN sequences of having an amputation. woman’s ob/gyn to refer her to other PARTY, A DECISION OF CON- Therefore, when the woman is told she specialists and order tests without SCIENCE can come in and only stay a few jumping through the additional hoop of Mr. SMITH of New Hampshire. Mr. hours—after this significant surgery visiting the general practitioner. President, as many of you know, it has that changes her body, changes the re- This amendment would also address been a very difficult period of time for lationships in her family, she is told the care a woman receives when under- me these past several days. I want to she is supposed to call a cab and go going the traumatic surgery of mastec- recognize the sacrifices of my wife and back home; it only adds to the trauma tomy. This provision would leave the three children over the past several for her. decision about how long a woman weeks as I agonized through this gut- Well, the ROBB amendment, which would stay in the hospital following a wrenching political decision. My wife, many of us support, really says that it mastectomy up to the physician and Mary Jo, and my daughter, Jenny, and is the doctor and the patient that de- the woman. Some plans have required son, Bobby, and son, Jason, have had to cides how long a woman should stay in that this major surgery be done on an endure the ups and the downs and the the hospital after she has had the sur- outpatient basis. In other instances, difficulties of making such a decision. I gery. Certainly, we should leave this to women have been sent home shortly am deeply grateful to them for their the doctor and to the patient. An 80 after the procedure with tubes still in support and comfort because, without July 13, 1999 CONGRESSIONAL RECORD — SENATE S8329 them, I could not really have gotten President. I remember seeing the tears the pragmatists took a back seat to through it all. in their eyes, and the passion. It was a those who stood on principle. Idealists My first political memories are of difficult decision. It was close, as we ruled; those who stood up for the right talking to my grandfather, who was a all remember—just a few delegates. to life, a strong national defense, the died-in-the-wool Republican. He always That was 1976. At that time, as a result second amendment, less spending, less said he would vote for a gorilla on the of the election, it inspired me to run taxes, less government. Man, it was ex- Republican ticket if he had to. I re- for political office for the first time. citing. Even though we were a minor- member conversations with him about When Reagan sought the nomination ity in the Congress, it was exciting be- the Dewey-Truman campaign. He was again in 1980 I ran in the primary, hop- cause Reagan was there. Principles in, obviously for Dewey. It didn’t work out ing to be part of this great Reagan rev- pragmatism out. Man, it was great to very well. But I can also remember olution. Reagan was pro-life. He was be a Republican. having conversations with my class- for strengthening our military. He was In 1988, a skeptical—including me— mates, telling them that I, too, was for anti-Communist. He was patriotic. He conservative movement rallied behind Dewey and explaining why I was for brought the best out in the American the Vice President in hopes that he Dewey in that election. people. I was excited. In all those years would continue the revolution. At that time I was 7 years old. Years that Reagan was President, the criti- The signal that this revolution was went by, and, in 1952, in the Eisen- cism, the hostile questions, the polit- over was when the President broke his hower-Stevenson election, I was 11 ical cheap shots, he rose above it all. ‘‘no new tax’’ pledge. We let prag- years old. I bet a friend, who lived And most of them, indeed probably all matism prevail. We compromised our down the road and had a farm, a dollar who criticized him, weren’t qualified to pledge to the voters and our core prin- versus a chicken that Eisenhower kiss the hem of his garment. He rose ciples, and we allowed the Democrats would win the election. I won, and my above them all. He was the best. to take over the Government. grandfather immediately drove me As a result of that, I began a grass- In 1994, idealism again came back. down to my neighbor’s farm to pick up roots campaign in 1979, and I lost by The idealistic wing of the party took the chicken I had won. The young about a thousand votes with seven or charge. Led by Newt Gingrich, we man’s parents graciously acknowledged eight candidates in the race, including crafted an issues-based campaign em- that I won the bet and provided me a one candidate, ironically, who was bodied in the Contract With America. nice barred rock hen that laid a lot of from my hometown. It was tough, but We put idealism over pragmatism, and eggs over the next year or so. I decided to come back again in 1982, we were rewarded with a tremendous In 1956, I volunteered to pass out lit- after losing, because I still wanted so electoral victory in 1994, none like I erature for Eisenhower, and, as a col- much to be a part of the Reagan revo- have ever seen. I remember sitting lege student, I worked for Nixon in lution. So I did come back in 1982. And there seeing those results come in on 1964. But 1964 was the first election I that, my colleagues and friends, is the House. I was happy for the Senate, voted in. Barry Goldwater’s campaign when I had the first taste of the Repub- but I was a lot happier for the House. was the one that really sparked my lican establishment. Those of us who were there know how conservative passions. I worked as a I had a phone call that I thought was it felt. volunteer in the Nixon campaigns in a great sign. I had a call from the Na- As we moved into the 1996 elections, 1968 and 1972, but it wasn’t like the tional Republican Party. Boy, was I ex- we again began to see this tug-of-war Goldwater campaign. I remember walk- cited. They told me that some rep- between the principal ideals of the ing into the booth, saying, this is a resentatives wanted to come up to New party and the pragmatism of those who man I really believe in, and I said I Hampshire from Washington to meet said we need ‘‘Republican’’ victories. really felt good about that vote. with me. They came to New Hamp- Conservatives became a problem: We In 1976, these conservative passions shire. We sat down at a meeting. It was have to keep the conservatives quiet; were again awakened while I worked brief. They asked me to get out of the let’s not antagonize the conservatives, for the conservative Ronald Reagan in race, please, because my opponent in while the pragmatists talked about the New Hampshire primaries against the primary had more money than I did how we must win more Republican the incumbent President of the United and had a better chance to win. I had seats. Conservatives should be grateful, States, Gerald Ford—not an easy thing been a Republican all my life, a Repub- we were told, because we were playing to do for a lot of us who were basically lican in philosophy, but that was my smart politics, we were broadening the grassroots idealists, if you will, who first experience with what we would case. Elect more Republicans to Con- believed that Ronald Reagan should call the national Republican establish- gress, elect more Republicans to the win that primary. In those days I was ment. I did not get out of the race. I Senate and win the White House. What not a political operative; I was not a beat my wealthy opponent in the pri- do we get? Power. We are going to gov- Senator; I was not a candidate; I was mary, and I received the highest vote ern. not an elected official. I was a teacher, percentage against the incumbent In meeting after meeting, conference a coach, a school board member, hus- Democrat that any Republican had after conference, the pollsters and the band, father, small businessman—just ever received against him, and it was consultants—and I have been a part of an ordinary guy who cared about his 1982, which was a pretty bad year for all of this. Mea culpa, mea culpa, mea country. I got involved because I cared, Republicans, as you all remember. maxima culpa. I have been involved in and I believed deeply in the Republican In 1984, several candidates joined the it. I am not saying I have not, but the Party. Republican primary again for an open pollsters and consultants advised us I came to this party on principle, seat in the Reagan landslide. Now ev- not to debate the controversial issues. pretty much initiating with Barry erybody wanted it because the seat was Ignore them. We can win elections if Goldwater but certainly finalized with open. I was just a school board chair- we do not talk about abortion and Ronald Reagan. I was disappointed in man from a small town of 1,500, no po- other controversial issues, even though Reagan’s loss in 1976 because I believed litical power base, no money, but I past elections have proven that when that grassroots conservatives in the beat, in that primary, the president of we ignore our principles, we lose, and party, who had worked so hard for the State senate, who was well known, when we stick to our principles, we Reagan, lost to what I considered the and an Under Secretary of Commerce win. In spite of all this, we continued party elitists, the establishment, who who was well financed. They still do to listen to the pollsters and to the were there for Ford because he was not know how I did it, but it was door consultants who insisted day in and President, not with the same passion to door, and I fulfilled my dream of day out they were right. Harry Tru- that was out there for Reagan. coming to Washington as part of the man, a good Democrat—my grand- Watching that convention in 1976, I Reagan revolution in Congress. father did not like him, but I did—said, remember those enthusiastic grass- I then had successful reelections in ‘‘Party platforms are contracts with roots party members who were unable 1986 and 1988 and, of course, was elected the people.’’ Harry Truman was right. to defeat that party machinery that to the Senate in 1990 and 1996. In the Why did we change? We won the revo- was so firmly behind the incumbent Reagan era, as in the Goldwater era, lution on issues. We won the revolution S8330 CONGRESSIONAL RECORD — SENATE July 13, 1999 on principles. But the desire to stay in This $18 billion came from the tax- school, breaking a contract is immoral, power caused us to start listening to payers of the United States of America, it is unethical, and it is unprincipled, the pollsters and the consultants again and it went to a faceless bureaucracy and we ought not to write it if we are who are now telling us, for some inex- with no guarantee that it would be going to break it. Let’s not have a plat- plicable reason, that we need to walk spent in the interest of the United form. away from the issues that got us here States. We have no idea where this Our party platform says also: to remain in power. Maybe somebody money will go and no control of it once We support the appointment of judges who can tell me why. it goes there. respect traditional family values and the Some of the pollsters who are here Meanwhile, while $18 billion goes to sanctity of innocent human life. now who we are listening to were here the IMF, I drive into work and I find Listen carefully, I say to my col- in 1984. Indeed, they were here in 1980 Vietnam veterans and other veterans leagues. when I first ran. I had always thought lying homeless on the grates in Wash- In 1987, when President Ronald the purpose of a party was to effect ington, DC, in the Capital of our Na- Reagan nominated Robert Bork to the policy, to advocate principles, to elect tion. How many of them could we take Supreme Court, six Republicans voted candidates who generally support the care of with a pittance of that $18 bil- against him, and he was rejected. What values we espouse, but it is not. lion? was Robert Bork’s offense? That he Let me be very specific on where we As Republicans who supposedly sup- stood up for what he believed in, that are ignoring the core values of our port tax relief for the American family, he was pro-life? He told us. He an- party. can we really say that $18 billion to swered the questions in the hearing. ‘‘We defend the constitutional right IMF justifies taking the money out of God forbid he should do that. But when to keep and bear arms,’’ says the plat- the pocket of that farmer in Iowa who President Clinton nominated Ruth form of the Republican Party, but vote is trying to make his mortgage pay- Bader Ginsburg, an ACLU lawyer who after vote, day after day, that right is ment? Can we really say that? I do not is stridently pro-abortion, only three eroded with Republican support. I an- think so. Republicans voted no—Senator HELMS, nounced my intention to filibuster the Another quote out of the Republican Senator NICKLES, and myself. gun control bill. Not only does it vio- platform: Of course, all of the Republicans who late the Republican platform, but it As a first step in reforming Government, voted against Bork voted for Ginsburg. violates the Constitution itself, which I we support elimination of the Departments I voted against Ginsburg because, as took an oath to support and defend. of Commerce, Housing and Urban Develop- the Republican platform says, I want Then I hear my own party is planning ment, Education, and Energy, the elimi- judges who respect the sanctity of in- to work with the other side to allow nation, defunding or privatization of agen- nocent human life. I want my party to more gun control to be steamrolled cies which are obsolete, redundant, of lim- stand for something. Thirty-five mil- ited value, or too regional in focus. Examples through the Congress which violates of agencies we seek to defund or privatize are lion unborn children have died since our platform. Not only does it violate the National Endowment for the Arts, the that decision in 1973—35 million of our our platform, it insults millions and National Endowment for the Humanities, the best—never to get a chance to be a millions of law-abiding, peaceful gun Corporation for Public Broadcasting, and the Senator, to be a spectator in the gal- owners in this country whose rights we Legal Services Corporation. lery, to be a staff person, to be a teach- have an obligation to protect under the That is right out of the Republican er, to be a father, a mother—denied—35 Constitution. platform. If I were to hold a vote today million, one-ninth of the entire popu- The Republican platform says: to eliminate any of these agencies, it lation of the United States of America. We will make further improvement of rela- would fail overwhelmingly, and it And we are going to do it for the next tions with Vietnam and North Korea contin- would be Republican votes that would 25 years because we will not stand up. gent upon their cooperation in achieving a take it down. Every Republican in this And I am not going to stand up any full and complete accounting of our POWs body knows it. more as a Republican and allow it to and MIAs from those Asian conflicts. Can you imagine how much money happen. I am not going to do it. Sounds great. So I got up on the floor we could save the taxpayers of this Most interestingly, since that Roe V. a short time ago and offered an amend- country if we eliminated those agen- Wade decision was written by a Repub- ment saying that ‘‘further improve- cies and those Departments that the lican, I might add, a Republican ap- ment of relations with Vietnam are platform I just quoted calls for us to pointee, and upheld most recently in contingent upon achieving a full and eliminate? It is not what I call for; it is the Casey case, it is interesting there complete accounting of our POWs and what our party platform calls for. Why was only one Democrat appointee on MIAs. . .’’—right out of the platform don’t we do it? The answer is obvious the Court, Byron White, who voted pro- word for word. Thirty-three Repub- why we don’t do it: because we do not life. He voted with the four-Justice, licans supported me. The amendment mean it, because the platform does not pro-life minority. Five Republican ap- lost. mean it. We do not mean it. pointments gave us that decision. The platform says: In education, our platform: We are to blame. This is not a party. Republicans will not subordinate the Our formula is as simple as it is sweeping: Maybe it is a party in the sense of United States sovereignty to any inter- The Federal Government has no constitu- wearing hats and blowing whistles, but national authority. tional authority to be involved in school cur- it is not a political party that means Only one—right here, BOB SMITH— ricula or to control jobs in the workplace. anything. voted against funding for the U.N. I That is why we will abolish the Department About a week ago, my daughter, who can go through a litany—NAFTA, of Education, end Federal meddling in our works in my campaign office, told me GATT, chemical weapons, and so forth. schools, and promote family choice at all the story of a 9-year-old girl whose dad Vote after vote, with Republican sup- levels of learning. We therefore call for prompt repeal of the Goals 2000 and the called our office to say that his little port, the sovereignty of the United School to Work Act of 1994 which put new daughter, 9-year-old Mary Frances—I States takes a hit in violation of the Federal controls, as well as unfunded man- will protect her privacy by giving only platform of the Republican Party and dates, on the States. We further urge that her first name—had said that she was the Constitution. Federal attempts to impose outcome- or per- born because of an aborted pregnancy, The establishment of our party and, formance-based education on local schools be not an intentional one, an aborted indeed, the majority of our party voted ended. pregnancy, a miscarriage at 22 weeks— to send $18 billion to the IMF. Let me If I were to introduce a bill on the 22 weeks, 51⁄2 months—and she lived. make something very clear. I am not Senate floor to end the Department of She is 9 years old. She said: I want to criticizing anybody’s motives. Every- Education, to abolish it, how many empty my piggy bank, Senator SMITH, body has a right to make a vote here, votes do you think I would get? How and send that to you because of your and there is no argument from me on many Republican votes do you think I stand for life because I know that chil- that. But I am talking about the rela- would get? dren who are 51⁄2 months in the womb tionship between the platform and If, as Truman said, it is a contract, can live. those of us who serve. then we broke it. Where I went to That is power. July 13, 1999 CONGRESSIONAL RECORD — SENATE S8331 Let me read from the pro-life plank elections than supporting the prin- very gracious. He didn’t like it—I don’t of the Republican Party: ciples of the platform. There is nothing blame him—but he was gracious. I ap- [W]e endorse legislation to make clear that wrong with winning elections. I am all preciate his understanding, and I ap- the Fourteenth Amendment’s protections for it. I have helped a few and I have preciate the compassion and under- apply to unborn children. won some myself, and there is nothing standing of many of my colleagues on Anything complicated about that? wrong with it. But what is wrong with both sides who have spoken with me Anything my colleagues don’t under- it is when you put winning ahead of these past few days. stand about that? principle. I made another phone call, Mr. Presi- We endorse legislation to make clear that The Republican platform is a mean- dent. I called the chairman of the Re- the Fourteenth Amendment’s protections ingless document that has been put out publican Party, Mr. Jim Nicholson, apply to unborn children. there so suckers like me and maybe last week to inform him of my decision We are not going to apply any protec- suckers like you out there can read it. and asked him if he could please main- tions to unborn children. We will pass I did not come here for that reason. I tain confidentiality until I had a a few votes here, 50–49, if you can did not come here to compromise my chance to make my decision public. Be- switch somebody at the last minute. I values to promote the interests of a po- fore I had a chance to do that—indeed, have been involved in those. Yes, we litical party. about 20 hours after I had made the will do that, but we will not win. We I came here to promote the interests call—my home was staked out in New are not going to commit to putting of my country. And after a lot of soul- Hampshire. Where I was going to visit judges on the courts to get it done. Oh, searching, and no anger—no anger—I friends, their homes were staked out, no, we can’t do that because we might have decided to change my registration sometimes until late into the evening, lose some votes. So meanwhile another from Republican to Independent. There by the media, because the chairman 35 million children are going to die. is no contempt; there is no anger. It is put out a letter attacking me person- This year I sponsored a bill out of the a decision of conscience. ally. platform that says the 14th amend- Many of my colleagues have called I am not going to dignify the letter ment’s protections apply to unborn me, and I deeply appreciate the con- by reading it here on the Senate floor. children. Do you want to know how versations that I have had privately I do ask unanimous consent that the many sponsors I have? You are looking with many of you on both sides, but I letter be printed into the RECORD. at him. One. Me. That is it. Not one ask my colleagues to respect this deci- There being no objection, the letter other Republican cosponsor. sion. It is a decision of conscience. Mil- was ordered to be printed in the In his letter to me—nice letter that lions and millions of Independents and RECORD, as follows: it was—from Chairman Nicholson, he conservative Democrats and members REPUBLICAN NATIONAL COMMITTEE, claims that ‘‘every one of our Repub- of other political parties have already Washington, DC, July 9, 1999. lican candidates shares your proven made this decision of conscience. As a Hon. ROBERT C. SMITH, commitment to life’’—he says. Gee, matter of fact, there are more Inde- Dirksen Senate Office Building, could have fooled me. Then how come Washington, DC. pendents than there are Republicans or DEAR SENATOR SMITH, I am writing con- every candidate isn’t endorsing the bill Democrats. cerning published reports that you have de- or speaking out on the platform if they I would ask you to give me the same cided to abandon the Republican party and don’t want to endorse the bill? respect that you give them when you seek the Presidential nomination of a third The party, to put it bluntly, is hypo- ask them to vote for you in election party instead. critical. It criticizes Bill Clinton, a after election. Indeed, we win elections I believe this would be a serious mistake for you personally, with only a marginal po- Democrat, for vetoing partial-birth because of Independents. abortion and for being pro-abortion, litical impact—and a counterproductive one, I found a poem, written by a man by at that. but it does not criticize our own. It the name of Edgar Guest, which my fa- This would not be a case of the party leav- does not criticize the Republicans who ther, who was killed at the end of the ing you, Bob, but rather of you leaving our are pro-choice. So why criticize Bill Second World War, when I was 3 years party. Far from turning away from the con- Clinton? Or why criticize any Demo- old, had placed in his Navy scrapbook servative themes we both share, the party crat? We cannot get it done. We don’t in 1941, just prior to going off to war in has championed them—and become Amer- ica’s majority party by doing so. say anything about those people. the Pacific—newly married about 21⁄2 How about the Governors who vetoed I truly believe, Bob, that your 1% standing years. I can imagine what was going in New Hampshire doesn’t reflect Republican the bill, the partial-birth abortion bill? through his mind. But he placed it in primary voters’ rejection of your message, You know, there are a lot of fancy his scrapbook and highlighted it. but rather its redundancy. Every one of our words in the Republican platform. I am just going to quote one excerpt. Republican candidates shares your proven Every 4 years we go to the convention The poem is entitled, ‘‘Plea for commitment to life and to the goals of and we fight over the wording. Some- Strength.’’ smaller government, lower taxes and less times even a nominee says: Well, I regulation of our lives and livelihoods—as Grant me the fighting spirit and fashion does the party itself. In other words, I hope haven’t read it. At least he is being me stout of will, honest. Or, which is probably more the you do not confuse the success of our shared Arouse in me that strange something that message with your own failure as its mes- truth, we just ignore it. It is a charade. fear cannot chill. senger. And I am not going to take part in it Let me not whimper at hardship. I also urge that you reconsider turning any more. I am not going to take part This is the gift that I ask. your back on your many Republican friends in it any more. Not ease and escape from trial, and supporters, people who’ve always stood In the movie ‘‘Mr. Smith Goes to But strength for the difficult task. by you, even in the most difficult and chal- Washington,’’ after his own political Many have said that what I am doing lenging times. Most of all, I hope you will party has launched attacks on him for is foolish. I have heard it from a lot of think of your legacy: it would be tragic for daring to raise an independent voice, people—friends and colleagues. But you your decades of work in the conservative movement to be undone by a short-sighted Jimmy Stewart’s character is seated know what Mark Twain said—I think the Chaplain will like this: decision whose only negligible impact would on the steps of the Lincoln Memorial, be to provide marginal help to Al Gore, the and here is what he says: ‘‘There are a I am a great and sublime fool. But, then I most extreme liberal in a generation. lot of fancy words around this town. am God’s fool. And all His works must be Sincerely, Some of them are carved in stone. contemplated with respect. JIM NICHOLSON, Some of ’em, I guess, were put there so I called Senator LOTT last week per- Chairman. suckers like me can read ’em.’’ sonally. It was the most difficult tele- Mr. SMITH of New Hampshire. I will You ought to watch the movie. It is phone call I think I had ever made. only characterize the letter in the fol- a good movie. It will make you feel I told him it was my intention to lowing way: It is petty, it is vindictive, good. continue to vote in caucus with the Re- and it is insulting. It is beneath the Mr. President, I have come to the publicans, if he wanted me, provided dignity of the chairman of any polit- cold realization that the Republican that there was no retaliatory or puni- ical party. It is an affront to the mil- Party is more interested in winning tive action taken against me. He was lions of voters who choose not to carry S8332 CONGRESSIONAL RECORD — SENATE July 13, 1999 a Republican membership card but right about my being selfish. I am put- loyalty. How many major committee have given the party its margin of vic- ting my selfish desire to save my coun- chairmen in the conference are on the tory in election after election. try ahead of the interests of the Repub- list? Take a look at the list. I am not Remember that little girl I talked to lican Party, and some nameless, face- going to embarrass colleagues. you about a little while ago, Mary less bureaucrat in the party machinery I am the most reliable Republican Frances? I do not know what she is decides to take off on me. I wish he vote in the Senate, but I am attacked— going to grow up to be. She might be a would surface. I would like to meet not by colleagues, not by colleagues. It Democrat. She might be a Republican. him. is obvious from these kinds of attacks Maybe she will be an Independent. If that is selfish, then Duprey is that it is not about me. What it shows Maybe she won’t vote. I don’t know. right. If putting your country ahead of is a complete and final divorce between But I’ll tell you what, in the old base- your party, if standing up for the prin- the party machinery and the principles ball tradition, I wouldn’t trade her for ciples you believe in is wrong, maybe it for which it professes to stand. I say, 1,000 Jim Nicholsons, not in a minute. is time to get out of politics. with all due respect to my colleagues There was talk on the shows this Over the past 15 years I have traveled in the Senate, whether you are running weekend that I might be removed as all over America helping Republican a campaign for President or whether chairman of the Ethics Committee. I candidates. I don’t very often ask for you are in the House or something else, must say, I was disappointed at the in- help. I don’t remember ever asking for we have to stop it. We have to get a tensity of the attacks on me by uniden- help from the Republican Party to do handle on it. I think it is true in the tified sources, I might add, in the Re- it. I spent hours and hours on the other party as well. publican Party. Interestingly, one of phone raising money. And the party We have to get a handle on it. They those reports was that the party is con- has helped me; I will be the first to don’t represent us well. It is an injus- sidering suing me for the money it admit it. Some have made a big deal tice to the candidates who run for and spent during my reelection. out of that. They should help me. I the people who serve in the Republican I want to make it very clear, because think that is what the party is there Party, and it has to stop. It is a cancer, press reports were inaccurate on one for. I went to California, Louisiana, and it is eating away at the two great point. Senator MCCONNELL called me Iowa, Missouri, and North Carolina political parties that rose to power; in personally yesterday to clarify that during the last year on behalf of Re- this case, the Republican Party that this particular report of a lawsuit is publican candidates. It had nothing to rose to power on the moral opposition not true, and I accept his answer as ab- do with my Presidential campaign; it to slavery; and it killed the Whig solute fact with no question. But some was entirely on behalf of other can- Party, because it wouldn’t stand up faceless party bureaucrat had a really didates. When the chairman of the sen- against slavery. It will kill the Repub- good time writing that and then leak- ing it to the press. That is what is atorial committee asked Members to lican Party if it doesn’t stand up for wrong with politics. He ought to be pony up money, he gave me a bill. He what it believes in, especially against fired, but you will never find out who it said: You have X in your account, and abortion. I told you I watched the movie ‘‘Mr. is. you owe me $25,000. I wrote him a Another interesting report was that a check the next day. Everybody didn’t Smith Goes To Washington’’ again over different party operative presumed to do it though, did they, Mr. Chairman? the weekend. I remember talking to suggest that ‘‘Smith should be booted I have a bureaucrat out there some- Mike Mansfield, who was here a few out of the conference altogether if he is where in the party saying throw me weeks ago for one of the seminars that not a Republican; he shouldn’t be in out of the caucus. Frankly, I gave the leader puts on. He said that after the Republican caucus.’’ I wonder how without hesitation because I believed he left the Senate was the first time he much he is being paid to sit up there things were changing. I don’t take a really went around and looked at the using up the party faithful’s contribu- back seat in my willingness as a Re- monuments; he read the writings; he tions to write that kind of garbage. publican to help candidates in need. took the time to smell the roses. He The chairman of the New Hampshire But oh, no, I have committed the un- said: These just aren’t hollow words or Republican Party, where for 15 years I forgivable sin here in Washington; I statues anymore; they have meaning to have been a member, went on ‘‘Cross- have exposed the fraud. It is a fraud, me. fire’’ the other night to debate BOB and everybody in here knows it. This morning—I am not trying to be SMITH, but BOB SMITH wasn’t there to It is true in both parties that the melodramatic—but I did it. I left early, answer for himself. He took the anti- party platform is not worth the paper about 5:45. I took Jimmy Stewart’s ex- BOB position. He attacked me vi- it is written on. That is why I am an ample from the movie ‘‘Mr. Smith Goes ciously, saying it was a selfish move Independent. That is why I am going to To Washington.’’ and that it meant the end of my polit- stay an Independent, whatever happens I went to the Lincoln Memorial, the ical career. in the future. I am still the same for- Jefferson Memorial, the Vietnam Wall, There is something a little strange in mula. I am still Classic Coke. I am not and the Arlington Cemetery where my that. If it is selfish and I am throwing a new Coke. I am the same ingredients. parents are buried. I tried to smell the away my political career, maybe some- I have merely redesigned the label. It is roses. Do you know what? These aren’t body can explain what he means. Not a the same BOB SMITH. My colleagues memorials to people who fought for po- mention of 15 years of service to the over there looking for help, you are not litical parties. Lincoln helped to de- State and to the party. Even Bill Press going to get it. You know where my stroy his own political party. On that said: Can’t you find something nice to votes come from, so don’t get excited. visit to Arlington this morning, I say about BOB? In my travels, I have attended hun- stopped at my parents’ grave site. My That is what is wrong with politics. dreds of Republican Party events, but father didn’t fight for a political party. It is the ugly. It is the bad. It is the the most consistent message I hear He didn’t die for a political party. He worst. It is the worst. from the voters is one of frustration, fought for his country, as millions of In 1866 Abraham Lincoln said this—it deep frustration that the party is not others have done, and the ideals for is a very famous quote: standing on principle. Last year CQ which it was founded. I looked out at If I were to try to read, much less answer, published a list of leading scorers on those stones all across Arlington Ceme- all the attacks made on me, this shop might party unity. This is a list they do every tery, and I didn’t see any R’s or D’s as well be closed for any other business. I do year, ranking the most loyal Repub- next to their names. Then I went to the the very best I know how, the very best I lican votes. Vietnam Wall, and I didn’t see any R’s can, and I am going to keep right on doing so until the end. If the end brings me out all It is interesting because I don’t look or D’s next to anybody’s name there. right, what is said against me won’t amount at them as loyalty votes. I just make How about that? to anything. If the end brings me out wrong, the votes. Well, guess what. Let’s see— Like Jimmy Stewart’s character in 10 angels swearing I was right will make no LARRY CRAIG was here. He is not here the movie, I stand right here at the difference. right now. LARRY CRAIG and I were No. desk of Daniel Webster, one of the Lincoln really knew how to say it. In 1—very interesting, when you look greatest lawyers of all time, one of the a way, perhaps Chairman Duprey is down the list. So I am No. 1 in party greatest Senators of all time, whose July 13, 1999 CONGRESSIONAL RECORD — SENATE S8333 picture is on statues everywhere. Most and go. Do you know what. I will tell Let’s not talk about slavery, it’s too con- people probably could not even tell you you what doesn’t go. I refer to the en- troversial. Let’s put the issue aside and focus what party he belonged to, unless you trenched political industry that is here on electing more Whigs. are a history buff. Who cares what to stay. Oh, it changes a little bit at But a loyal Whig Congressman party he belonged to? You will remem- the top when somebody else becomes named Abraham Lincoln thought oth- ber that he stood up against slavery, the chairman. But the entrenchment is erwise. and his quote, ‘‘Nothing is so powerful still there. The pollsters, the spin doc- The pollsters come into the hallowed but the truth.’’ And the opposite was tors, and the campaign consultants are Halls in meetings of Senators to tell us John C. Calhoun, Henry Clay, the great all there. They all have their hands in how we can talk to people, to all the orators of their time. You remember your pockets, and they are doing pret- men who are 35 and over, what to say them for what they were and what they ty well. to them; and women 25 and under, what said, not for their party. Webster was They run the show, for the most part. to say to them; to Social Security peo- an abolitionist and Calhoun the de- They don’t directly choose candidates ple; to black people; and what we fender of slavery. in the sense of a smoke-filled back- should say to Hispanics; or white peo- Calhoun said: room, but they do influence it because ple; what do we say to pro-choice or to The very essence of a free government con- they are the ones who tried to talk me pro-life. Pollsters, pollsters, pollsters. sists in considering offices as public trusts, out of running in 1980—the same ones. We are looking at polls to decide bestowed for the good of the country, and Some of the pollsters in the party whether or not to go to Kosovo. We not for the benefit of an individual or a have been around since I first came to take a poll to decide whether or not we party. town. Every time there is a Republican should send our kids to die in a foreign We have lost sight of it. Man, there is retreat—and I assume it is the same for country. Did Roosevelt do a poll on so much history in this place. My wife the other party—and often at Repub- whether or not to retaliate against the conducts tours for people from New lican conferences here in the Senate, Japanese? Partisanship is poisoning Hampshire and at times people she we hear from the professional consult- this town. The pollsters are poisoning finds on the streets. If we would just ants and pollsters. They tell us what this town. Help members of your own take a few moments away from the the message should be. They tell us party and destroy the other guy. bickering and the arguing and look how to make ourselves look good and My proudest moment in the Senate around and enjoy it, do you know what. how to make the other guys look bad. in the 9 years I have been here—other It would inspire us. It inspired me We need to get out the fumigation than some of the meetings HARRY REID today. Maybe I should be doing it every equipment. We need to clean out the and I have had together where we have day. Every year, a Senator is chosen to pollsters, the consultants, the spin doc- to discuss the futures of some of you read Washington’s Farewell Address. I tors, and the bloated staffs who tell us quietly—was when we went into the have been here 9 years and was never what to say, how to say it, when to say Old Senate Chamber and talked during asked. I never understood how that it, and how long to say it. The Amer- the impeachment trial. You know it, person gets picked, but they do. How ican people elected us. Isn’t it time we all of you; it was the best moment we many of us have actually taken the start thinking for ourselves and lead- have had since we have been here. We time to sit and listen to that Farewell ing? took the hats off and we sat down and Address? Well, Washington, in that This well-paid political industry, let talked about things, and we did it the Farewell Address, warns us that: me tell you, colleagues, is not inter- right way. The common and continual mischiefs of ested in whether or not you believe in I wanted to have every caucus that the spirit of party are sufficient to make it the issues of your party. Don’t kid we had on the impeachment trial bipar- the interest and duty of a wise people to dis- tisan; I didn’t want any separation. But courage and restrain it. yourselves. This is about power, access, and jobs. I can have tea and crumpets we didn’t get that. Boy, what a delight He spends a large part of his speech it would have been had we done that. I expounding on this point, and I encour- with the President of the United States if I help him win it. As long as you am not saying it would have made the age my colleagues to read it. difference; maybe it would not have. I ask unanimous consent that the look like a winner, it doesn’t matter But that is not the purpose of bringing relevant sections of Washington’s Fare- what you believe. Don’t kid yourselves. it up. It is my belief that if we had well Address be printed in the RECORD They seek out the candidates who have come together and looked at the evi- at the conclusion of my remarks. the package they want—name ID, The PRESIDING OFFICER. Without money, slickness. But, most impor- dence—you never know. objection, it is so ordered. tantly, they want candidates who I am proudest of my service on the (See Exhibit 1.) won’t make waves, or say anything Senate Ethics Committee where six Mr. SMITH of New Hampshire. In the controversial about an issue that Senators, including my good friend, spirit of what Washington is saying, I might cost us a seat. They package Senator REID, and I, discuss issues think we need to rid ourselves of the you, wrap you up, put a little bow on without one iota of partisanship. nastiness and the partisanship that has it, tell you what to say, and then they When we investigated Bob Packwood, destroyed the comity of this great body sell you to the American voters. a fellow Republican came up to me and has become a barrier to a full and The political professionals tell us all after that vote in which we voted to spirited discussion of the issues in the time, ‘‘Don’t be controversial; it expel a colleague, and he was angry. He America generally. You may say: That can cause you to lose your election.’’ was a powerful Republican, and this is pretty good coming from SMITH; he Why are we afraid of controversy? was not an easy conversation. He scold- is as partisan as they come. There is a Was Lincoln afraid of it? Was FDR? ed me, saying, ‘‘I can’t believe that you time and place for partisanship. HARRY Was Calhoun? Was Washington? With would vote to expel a fellow Repub- REID knows when I put the partisan- controversy comes change—positive lican. It’s outrageous. How can you do ship at the door. He knows, as cochair change sometimes. Imagine Patrick that?’’ I said, ‘‘You will have the op- of the Ethics Committee with me. Henry, striding up to the podium in portunity to sustain or overrule that Americans deserve an honest debate, 1773 before the Virginia Assembly, pre- vote on the floor of the Senate very an honest exchange of ideas. They want pared to give his great speech: ‘‘Give shortly.’’ us to put these partisan interests aside. me liberty or give me . . .’’ and then he He came back later and said: Thank It is not partisan if somebody is turns to his pollster and says: I wonder you for saving me a difficult vote. against abortion or is for abortion; it is whether they want liberty or death. I We on the committee ignored the issue generated. better take a poll and find out. partisan mud balls. We did what was Americans want people who will lead, Let’s not declare our independence; right. not follow polls. The American people that is pretty controversial. They I am not ashamed of being a member are losing the faith in their ability to could have said that in 1776. Let’s not of a political party. The question is, effect change, and rightfully so. abolish slavery; that is controversial. Does party take precedence over prin- Since I came to Washington, I have In the 1850s, the great Whig Party ciple? I want the 21st century to be re- seen Senators and Congressmen come said: membered for debating important and S8334 CONGRESSIONAL RECORD — SENATE July 13, 1999 controversial issues in public: Abor- The acceptance of, and continuance country, are subjected to the policy tion, taxes, size of government, restor- hitherto in, the office to which your and will of another. ing our sovereignty, gun control, moral suffrages have twice called me, have There is an opinion that parties in decadence, freedom. Don’t avoid these been a uniform sacrifice of inclination free countries are useful checks upon issues simply to help our own political to the opinion of duty, and to a def- the Administration of the Government, fortunes or to destroy our opponents. erence for what appeared to be your de- and serve to keep alive the Spirit of Lt. William Hobby, Jr., wrote a poem sire.—I constantly hoped, that it would Liberty.—This within certain limits is called ‘‘The Navigator’’ during the Sec- have been much earlier in my power, probably true—and in Governments of ond World War. I think it captures the consistently with motives, which I was a Monarchical cast, Patriotism may vision and spirit of what I believe not at liberty to disregard, to return to look with indulgence, if not with fa- America should be. that retirement, from which I had been vour, upon the spirit of party.—But in The Morning Watch is mustered, and the reluctantly drawn.—The strength of those of the popular character, in Gov- middle watch withdrawn my inclination to do this, previous to ernments purely elective, it is a spirit Now Ghostlike glides the vessel in the hush the last election, had even led to the not to be encouraged.—From their nat- before the dawn. preparation of an address to declare it ural tendency, it is certain there will Friendly gleams polaris on the gently rolling to you; but mature reflection on the always be enough of that spirit for sea, then perplexed and critical posture of every salutary purpose,—and there He set the course for sailors and tonight he being constant danger of excess, the ef- shines for me. our affairs with foreign Nations, and the unanimous advice of persons enti- fort ought to be, by force of public We have the opportunity to take tled to my confidence, impelled me to opinion, to mitigate and assuage it.—A America into the 21st century of free- abandon the idea.— fire not to be quenched; it demands a dom, morality, support for the Con- uniform vigilance to prevent its burst- stitution, respect for life, respect for * * * * * ing into a flame, lest, instead of warm- the sacrifices made for us by our found- I have already intimated to you the ing, it should consume.— ers and the millions of veterans who danger of Parties in the State, with particular reference to the founding of It is important likewise, that the have given so much of their precious habits of thinking in a free country blood. Politics should be about each them on Geographical discrimina- should inspire caution in those en- one of us joining together to rediscover tions.—Let me now take a more com- trusted with its administration, to con- our moral compass, to reignite the prehensive view, and warn you in the fine themselves within their respective torch of freedom, to return to our navi- most solemn manner against the bane- constitutional spheres; avoiding in the gational chart: The Constitution, the ful effects of the Spirit of Party, gen- exercise of the powers of one depart- Declaration of Independence, and the erally. ment to encroach upon another.—The Bible. This Spirit, unfortunately, is insepa- In conclusion, in the movie ‘‘Mr. rable from our nature, having its root spirit of encroachment tends to con- Smith Goes to Washington,’’ Jimmy in the strongest passions of the human solidate the powers of all the depart- Stewart portrayed a U.S. Senator who mind.—It exists under different shapes ments in one, and thus to create, what- believed that America was good, that in all Governments, more or less sti- ever the form of government, a real politics was good, and that the Amer- fled, controuled, or repressed; but, in despotism.—A just estimate of that ican people deserve good, honest lead- those of the popular form, it is seen in love of power, and proneness to abuse ers. I agree. its greatest rankness, and is truly their it, which predominates in the human Chaplain Ogilvie said to me a few worst enemy.— heart, is sufficient to satisfy us of the weeks ago: The alternate domination of one fac- truth of this position.—The necessity Our time in History is God’s gift to us. tion over another, sharpened by the of reciprocal checks in the exercise of What we do with it is our gift to him. Let’s spirit of revenge natural to party dis- political power, by dividing and dis- not squander it with petty partisan politics. sension, which in different ages and tributing it into different depositories, EXHIBIT 1 countries has perpetrated the most and constituting each the Guardian of EXCERPTS FROM WASHINGTON’S FAREWELL horrid enormities, is itself a frightful the Public Weal against invasions by ADDRESS despotism.—But this leads at length to the others, has been evinced by experi- TO THE PEOPLE OF THE UNITED STATES a more formal and permanent des- ments ancient and modern; some of FRIENDS AND FELLOW CITIZENS: The potism.—The disorders and miseries, them in our country and under our own period for a new election of a Citizen, which result, gradually incline the eyes.—To preserve them must be as to administer the Executive Govern- minds of men to seek security and necessary as to institute them. If in ment of the United States, being not repose in the absolute power of an Indi- the opinion of the People, the distribu- far distant, and the time actually ar- vidual: and sooner or later the chief of tion or modification of the Constitu- rived, when your thoughts must be em- some prevailing faction, more able or tional powers be in any particular ployed in designating the person, who more fortunate than his competitors, wrong, let it be corrected by an amend- is to be clothed with that important turns this disposition to the purposes ment in the way which the Constitu- trust, it appears to me proper, espe- of his own elevation, on the ruins of tion designates.—But let there be no cially as it may conduce to a more dis- Public Liberty. change by usurpation; for though this, tinct expression of the public voice, Without looking forward to an ex- in one instance, may be the instrument that I should now apprise you of the tremity of this kind, (which neverthe- of good, it is the customary weapon by resolution I have formed, to decline less ought not to be entirely out of which free governments are de- being considered among the number of sight,) the common and continual mis- stroyed.—The precedent must always those, out of whom a choice is to be chiefs of the spirit of Party are suffi- greatly overbalance in permanent evil made. cient to make it the interest and duty any partial or transient benefit which I beg you, at the same time to do me of a wise People to discourage and re- the use can at any time yield.— the justice to be assured, that this res- strain it.— Of all the dispositions and habits olution has not been taken, without a It serves always to distract the Pub- which lead to political prosperity, Reli- strict regard to all the considerations lic Councils, and enfeeble the Public gion and morality are indispensable appertaining to the relation, which administration.—It agitates the com- supports.—In vain would that man binds a dutiful citizen to his country— munity with ill-founded jealousies and claim the tribute of Patriotism, who and that, in withdrawing the tender of false alarms, kindles the animosity of should labor to subvert these great Pil- service which silence in my situation one part against another, foments oc- lars of human happiness, these firmest might imply, I am influenced by no casionally by riot and insurrection.—It props of the duties of Men and Citi- diminution of zeal for your future in- opens the doors to foreign influence zens.—The mere Politician, equally terest, no deficiency of grateful respect and corruption, which find a facilitated with the pious man, ought to respect for your past kindness; but am sup- access to the Government itself and to cherish them.—A volume could ported by a full conviction that the through the channels of party passions. not trace all their connexions with pri- step is compatible with both. Thus the policy and the will of one vate and public felicity.—Let it simply July 13, 1999 CONGRESSIONAL RECORD — SENATE S8335 be asked where is the security for prop- through passion what reason would re- PATIENTS’ BILL OF RIGHTS ACT erty, for reputation, for life, if the ject;—at other times, it makes the ani- OF 1999 sense of religious obligation desert the mosity of the Nation subservient to oaths, which are the instruments of in- projects of hostility instigated by AMENDMENT NO. 1237 vestigation in Courts of Justice? And pride, ambition, and other sinister and Mr. NICKLES. Mr. President, for the let us with caution indulge the suppo- pernicious motives.—The peace often, information of our colleagues, we were sition, that morality can be main- sometimes perhaps the Liberty, of Na- in the process of debating the Robb tained without religion.—Whatever tions has been the victim.— amendment dealing with mandatory may be conceded to the influence of re- So likewise a passionate attachment length of stays for mastectomies. That fined education on minds of peculiar of one Nation for another produces a is a second-degree amendment to an structure—reason and experience both variety of evils.—Sympathy for the amendment I offered on behalf of my- favourite nation, facilitating the illu- forbid us to expect, that national mo- self, Senator GRAMM, and Senator COL- sion of an imaginary common interest rality can prevail in exclusion of reli- LINS that had a limitation on the cost. gious principle.— in cases where no real common interest The cost of the underlying bill cannot ’T is substantially true, that virtue exists, and infusing into one the enmi- exceed 1 percent, nor could it increase or morality is a necessary spring of ties of the other, betrays the former the costs or increase the number of un- popular government.—The rule indeed into a participation in the quarrels and insured by over 100,000 or the bill would extends with more or less force to wars of the latter, without adequate in- every species of Free Government.— ducement or justification: It leads also not be in effect. Who that is a sincere friend to it, can to concessions to the favourite Nation Senator ROBB’s amendment strikes look with indifference upon attempts of privileges denied to others, which is the amendment that limits the 1-per- to shake the foundation of the fabric?— apt doubly to injure the Nation making cent cost. It is our intention to finish Promote, then, as an object of pri- the concessions; by unnecessarily part- the debate on the Robb amendment. We mary importance, institutions for the ing with what ought to have been re- will vote on the Robb amendment, and general diffusion of knowledge.—In tained, and by exciting jealously, ill- it will be our intention for the Repub- proportion as the structure of a gov- will, and a disposition to retaliate, in lican side to offer a second-degree ernment gives force to public opinion, the parties from whom equal privileges amendment. We will debate that it is essential that the public opinion are withheld; and it gives to ambitious, amendment and vote on it and work should be enlightened.— corrupted, or deluded citizens, (who de- our way through the amendments that * * * * * vote themselves to the favourite Na- have been stacked today. Observe good faith and justice to- tion) facility to betray, or sacrifice the I ask the Parliamentarian how much wards all Nations. Cultivate peace and interests of their own country, without time remains on the Robb amendment? harmony with all. Religion and Moral- odium, sometimes even with popu- ity enjoin this conduct; and can it be larity:—gilding with the appearances of The PRESIDING OFFICER. The ma- that good policy does not equally en- a virtuous sense of obligation, a com- jority has 46 minutes remaining and join it?—It will be worthy of a free, en- mendable deference for public opinion, the minority has 28 minutes remaining. lightened, and, at no distant period, a or a laudable zeal for public good, the Mr. NICKLES. I yield the floor. great nation, to give to mankind the base or foolish compliances of ambi- Mr. KENNEDY. I yield 5 minutes to magnanimous and too novel example of tion, corruption, or infatuation. the Senator from Maryland. a People always guided by an exalted As avenues to foreign influence in in- justice and benevolence.—Who can numerable ways, such attachments are The PRESIDING OFFICER. The Sen- doubt that in the course of time and particularly alarming to the truly en- ator from Maryland is recognized for 5 things, the fruits of such a plan would lightened and independent Patriot.— minutes. richly repay any temporary advan- How many opportunities do they afford Ms. MIKULSKI. Mr. President, what tages, which might be lost by a steady to tamper with domestic factions, to does a woman do in a few days before adherence to it? Can it be, that Provi- practise the arts of seduction, to mis- she is scheduled to have a mastectomy? dence has not connected the permanent lead public opinion, to influence or awe How should she spend her time? What felicity of a Nation with its virtue? The the public councils! Such an attach- should she be doing? Should she be on experiment, at least, is recommended ment of a small or weak, towards a the phone calling her HMO, trying to by every sentiment which ennobles great and powerful nation, dooms the figure out what will happen to her human nature.—Alas! is it rendered im- former to be the satellite of the latter. after surgery? Who will take care of possible by its vices? * * * * * her, how long will she be in the hos- In the execution of such a plan noth- Relying on its kindness in this as in pital? Should she be on the phone, deal- ing is more essential than that perma- other things, and actuated by that fer- ing with bureaucracy? Should she be nent, inveterate antipathies against vent love towards it, which is so nat- dealing with paperwork? Should she be particular nations and passionate at- ural to a man, who views in it the na- on the phone, dealing with an insur- tachment, for others should be ex- tive soil of himself and his progenitors ance gatekeeper? cluded; and that in place of them just for several generations;—I anticipate No, I do not think that is what she and amicable feelings towards all with pleasing expectation that retreat, should be doing and I think the Senate should be cultivated.—The Nation, in which I promise myself to realize, will agree with me. I think she should which indulges towards another an ha- without alloy, the sweet enjoyment of be with her family. I think she should bitual hatred or an habitual fondness, partaking, in the midst of my fellow- be talking with her husband, because is in some degree a slave. It is a slave citizens, the benign influence of good he is as scared as she is. He is terrified to its animosity or to its affection, ei- Laws under a free Government,—the that she might die. He is wondering ther of which is sufficient to lead it ever favourite object of my heart, and how can he support her when she comes astray from its duty and its interest.— the happy reward, as I trust, of our mu- home. Antipathy in one nation against an- tual cares, labours and dangers. other disposes each more readily to GEO. WASHINGTON. She needs to talk to her children so offer insult and injury, to lay hold of UNITED STATES, that they understand that even though slight causes of umbrage, and to be 17th September, 1796. she is going in for an operation, they haughty and intractable, when acci- Mr. LOTT. I suggest the absence of a know their mother will be there when dental or trifling occasions of dispute quorum. she comes back home but she might The PRESIDING OFFICER. The occur.—Hence frequent collisions, ob- not be quite the same. She needs to be clerk will call the roll. stinate, envenomed and bloody con- with her family. She needs to be with The assistant legislative clerk pro- her clergyman. She needs to be with tests.—The Nation prompted by ill-will ceeded to call the roll. and resentment sometimes impels to Mr. NICKLES. Mr. President, I ask those who love her and support her. War the Government, contrary to the unanimous consent that the order for This is what we are voting on here best calculations of policy.—The Gov- the quorum call be rescinded. today. Who should be in charge of this ernment sometimes participates in the The PRESIDING OFFICER. Without decision? When a woman has a mastec- national propensity, and adopts objection, it is so ordered. tomy she needs to recover where she S8336 CONGRESSIONAL RECORD — SENATE July 13, 1999 can recover best. That should be de- Mr. KENNEDY. I yield 5 minutes to It will do something else. Again, I am cided by the doctor and the patient. We the Senator from California. so grateful to the Senator from Vir- hear about these drive through The PRESIDING OFFICER. The Sen- ginia on this point. Senator MURRAY mastectomies, where women are in and ator from California is recognized for 5 had offered the mastectomy amend- out in outpatient therapy. They are minutes. ment in committee, and even Senators dumped back home, often sent home Mrs. BOXER. Mr. President, I thank who were on the original Feinstein- still groggy with anesthesia, some- Senator KENNEDY for his work on this, D’Amato bill, Republican Senators, times with drainage tubes still in place and Senator MIKULSKI for her inspira- voted against her amendment in the or even at great risk for infection. tional talk, and Senator ROBB for offer- committee. She is on the floor fighting Make no mistake, we cannot practice ing an amendment that I think is cru- for this. cookbook medicine and insurance gate- cial to the women of this country. I am Senator SNOWE and I, in a bipartisan keepers cannot give cookbook answers. eternally grateful to him for putting way, introduced a bill that would re- An 80-year-old woman who needs a this amendment together. quire your OB/GYN, your obstetrician/ mastectomy needs a different type of Earlier, Senator SMITH made a very gynecologist, to be your basic health care than a 38-year-old woman. And a eloquent talk about the need to set care provider. Senator ROBB has in- 70-year-old woman whose spouse him- aside politics and do what is right for cluded that in his amendment. self may be 80 might have different the people. I think we have an extraor- The reality is that a woman does family resources than a 40-year-old dinary opportunity to do that on this consider her OB/GYN as her primary woman. Patients’ Bill of Rights. It is really care physician. Let’s make it a guar- Even the board of directors of the very simple to do. Whether we are antee that her OB/GYN can refer her to American Association of Health Plans Democrats or Republicans or Independ- a specialist. You do not have to jump states this: ‘‘. . . the decision about ents, we can set all that aside and fol- through hoops. whether outpatient or inpatient care low this simple rule, asking every time Mr. President, 70 percent of the meets the needs of a woman under- we vote: What is best for the people of women in this country use their OB/ going removal of a breast should be our Nation? That is it, the simple ques- GYN as their only physician from the made by the woman’s physician after tion: What is best for the children? time they are quite young. So the Robb consultation with the patient.’’ What is best for the women? What is amendment recognizes the reality. As I said earlier, we go out there and best for the men? What is best for the Let me tell you why we should come we Race for the Cure. Now we have to families, the old or the young, et together, both parties, on this amend- race to support this amendment. Let’s cetera. ment. Let’s look at what happens to look at what we have done with our The Robb amendment is good for women who regularly see an OB/GYN. discoveries. We in America have dis- American women. As a matter of fact, A woman whose OB/GYN is her regular covered more medical and scientific the Robb amendment is crucially need- doctor is more likely to have a com- breakthroughs than any other country ed. It is desperately needed. The Sen- plete physical exam, blood pressure in world history. It is America who ator from Maryland was eloquent on readings, cholesterol test, clinical knew how to handle infectious dis- the point. Think about finding out you breast exam, mammogram, pelvic eases. It is America who comes up with have breast cancer and learning you exam, and Pap test. This is why it is so important. These lifesaving pharmaceuticals. have to have a mastectomy. You do not We have been working together on a are the threats to women. need to be a genius to understand that bipartisan basis to double the NIH The PRESIDING OFFICER. The Sen- you want a doctor making the decision budget. We have joined together on a ator’s 5 minutes have expired. as to how long you stay in the hospital. Mrs. BOXER. I ask unanimous con- bipartisan basis to have mammogram It is very simple: Mastectomies are quality standards for women. Now we sent for 1 additional minute. major surgery. Cancer is life-threat- have to join together on a bipartisan Mr. KENNEDY. I yield 1 minute. ening and difficult. It is physical pain. basis and pass this amendment. Mrs. BOXER. So you can see that the We must continue our discovery, we It is mental anguish for you and your women who use their OB/GYN on a reg- must continue our research, and we family. You don’t want an accountant ular basis get what is necessary for must continue to make sure that we or a chief operating officer in an HMO them to stay healthy, to avoid the have access to the discoveries we have telling you to leave after a few hours, traumas, to avoid the problem of miss- made. with tubes running up and down you ing, for example, a breast cancer be- This is what this amendment is all and being sick as a dog and throwing cause they do not have that regular about. It allows a woman and her phy- up and all the rest. I hate to be graphic mammogram. sician to make this decision. about it, but we have to come to our In conclusion, we have Senator ROBB Some time ago very similar legisla- senses in this debate. What is the argu- who has long been a champion for tion was offered by the former Senator ment against this? It is going to cost women’s health, and I can tell you of New York, Mr. D’Amato. People on more? We know the CBO says it is chapter and verse that I have worked the other side of the aisle had cospon- maybe $2 a month to obtain all the with him over these years and he has sored this bill. What we are saying here benefits in the Patients’ Bill of Rights. taken the most important issues to the is, if you cosponsored it under Senator I think it is worth $2 a month to know women of this country and has rolled D’Amato, vote for it under the Robb- a doctor makes the decision. them into one, plus an additional part Mikulski-Boxer-Murray amendment. I want to talk about the CEOs of that deals with the deductibility of This should not be about partisan poli- these HMOs. They make millions of premiums if you are self-employed. tics. dollars a year. They are skimming off This is a wonderful amendment. This Let’s put patients first. Let’s under- the top, off of our health care quality, is not an amendment that responds to stand what is going to happen to a and putting it in their pockets. They Democrats, Republicans, or any other woman. Let’s understand what is going make $10 million a year, $20 million a party. It is for American women and to happen to her family. And let the year, $30 million a year—one person. If their families. I urge us to support this doctors decide. I told my colleagues a his wife comes down with cancer and fine amendment. few weeks ago—I recalled a few months needs a mastectomy, do you think he is I yield back my time. ago I had gall bladder surgery. I could going to leave the decision to an ac- Mr. KENNEDY. Mr. President, I take stay overnight because it was medi- countant in an HMO? You know he is 30 seconds to note that on Tuesday cally necessary and medically appro- not. He is going to dig into his pocket, afternoon at 3:30 on the Patients’ Bill priate. Surely if I can stay overnight into his $30-million-a-year pocket, and of Rights, on an issue that is so basic for gall bladder surgery a woman pay for her to obtain good care. and fundamental and important to should be able to stay overnight when What about the average woman? American women, we have our Mem- she has had a mastectomy. What about our aunts and our uncles bers who are prepared to debate this I yield the floor. and our neighbors? They deserve the issue, an issue on which, if my col- The PRESIDING OFFICER. The time same kind of attention and care. That leagues on the other side have a dif- of the Senator has expired. is what the Robb amendment will do. ference, we ought to be debating. We July 13, 1999 CONGRESSIONAL RECORD — SENATE S8337 cannot even get an engagement of de- their access and capability to get to good Senator from Virginia, I am not bate on this. their physicians, and if they cannot see here to speak against his amendment. I do not know if that means they are an OB/GYN from a rural area, then I do find it interesting. I do not think willing to accept it. I would have they likely are never going to get the I can repeat with the same eloquence thought they would have the respect at speciality care they need and deserve. and power what my colleagues have least for the position of several Mem- Most important, we have to make said about what this debate is about in bers, led by our friend and colleague sure our physicians are able to make personal terms when we are talking from Virginia, to speak to this issue. those medical decisions. One of the about women. But we could also be I yield the Senator from Arkansas 3 most frustrating comments I ever talking about a child having to get ac- minutes. heard from my husband, who is a phy- cess to the services he or she needs. The PRESIDING OFFICER. The Sen- sician, is when he spent 1 hour 45 min- This is really a life-or-death issue. It is ator from Arkansas is recognized. utes on the telephone with an insur- very important for people to make sure Mrs. LINCOLN. I thank my col- ance adjustor after seeing one of his their loved ones, whether it be a wife, league. partner’s patients who had come a husband, or children, get the care Mr. President, I rise today to make through surgery. She was still running they need and deserve. That is what clear my position on such a very im- a fever, and the nurse called him and this debate is all about. portant issue. In the forefront of the said: We have to send this woman home I notice that the insurance industry managed care debate in the early nine- because the insurance company said we is spending millions and millions of ties, I diligently supported the concept had to. dollars on all sorts of ads talking about of trying to manage care, to control He spent 1 hour 45 minutes on the how we are going to have 1.8 million the cost of health care in this country phone with that insurance adjustor, more people lose coverage. in order to provide more health care to and at the end of that conversation he All of a sudden, the insurance indus- more Americans. When we did that, we finally said: If you can send me your try is concerned about the cost of in Congress never envisioned that med- medical diploma and if you will sign an health care insurance. All of a sudden, ical decisions would be taken away affidavit that you will take complete the insurance industry in the United from medical professionals or that an responsibility for this woman’s life, States of America is concerned about insurance company would circumvent a then, and only then, should I be able to the uninsured. My colleague from Mas- patient’s access to specialists. discharge her from this hospital, be- sachusetts says: Where are our col- Again we are debating this issue of cause she is sick. leagues on the other side of the aisle? how to provide better health care for Yet they were not going to pay for it. Not too long ago, just a couple of hours more Americans. Today we are talking He said: We are going to keep her in ago, I heard colleagues come out on the about the Robb amendment which is the hospital, and you are going to be Republican side and talk about how absolutely essential to women across responsible, you are going to pay for this patient protection was too expen- this country. that bill, and we are going to ensure sive, families would lose their insur- Managed care has been a very nec- the woman is well taken care of. ance company, the poor insurance in- essary and useful tool in our nation- It is so important for the women dustry—which is making record prof- wide health care network. It has helped across this country to know they will its—cannot afford to provide this cov- us cut the costs, especially in Medi- have the primary care they need erage. Where are they now? care. But the issue of making sure through their OB/GYN. As I look at the figures, 10 leading women have the opportunity to choose I appreciate my colleagues’ involve- managed care companies recorded prof- as their primary care giver an OB/GYN ment. its of $1.5 billion last year. United is absolutely essential. Most women in Mr. REID. Mr. President, will the Health Care Corporation, $21 million to this day and age go from a pediatrician Senator yield? its CEO; CIGNA Corporation, $12 mil- to an OB/GYN. To have to go back Mr. KENNEDY. I yield. lion to its CEO; and the figures go on through a primary care giver in order Mr. REID. Mr. President, I say to the and on. Yet we have colleagues coming to see an OB/GYN is absolutely ridicu- Senator, the manager of the bill, can out to this Chamber—apparently not lous. he indicate to me why no debate is tak- now—trying to make the argument, It is so important to do more to see ing place on the most important even though the Congressional Budget that women have access to quality amendment we have had to the Pa- Office says otherwise, even though care. The Robb amendment takes us in tients’ Bill of Rights in the 2 days we independent studies say otherwise, the right direction with three very im- have been here? What has happened? that we cannot provide decent patient portant provisions. It provides women Mr. KENNEDY. The Senator raises a protection for women because it will be with direct access to an OB/GYN. They good question. We are not going to too expensive. should not have to obtain permission take advantage of the absence of our It is not going to be too expensive. from a gatekeeper. I have had staffers Republican colleagues. We are asking What will be too expensive and what in the past who had awful experiences where they are. We know they are will be too costly is when women and of having to go to a primary care giver someplace. I can understand why they children and our family members do and not even bothering to see their OB/ do not want to engage in this debate. not get the care they need and deserve GYN to get the speciality care they We have a limited period of time. We and, as a result of that, maybe lose needed because it took so much time to are ready to debate. Our cosponsors are their lives, as a result of that they are go through a primary care giver. That here and ready to debate this basic, sicker, as a result that there is more is absolutely inexcusable in this day very important issue. I believe they illness. and age with the kind of speciality have made a very strong case. Where do the patients fit in? Where care, research, and knowledge we have I guess what they are waiting for is do the women fit in? Where do the chil- in our medical professionals. for us to run through the time and per- dren fit in? Where do the families fit A great example: A lump is discov- haps they will come out. Wherever in? ered in a woman’s breast during a rou- they are, they will come out perhaps at I say to Senator KENNEDY, we know tine checkup. The OB/GYN ought to be least to try to defend their indefensible where the insurance industry fits in. able to refer that woman for a mammo- position on their legislation. Here are their ads: Sure, the Kennedy- gram rather than sending her back to I note the Senator from Minnesota is Dingell bill will change health care; the primary care physician. The Robb here and wants to speak for 5 minutes. people will lose coverage. amendment would designate the OB/ The PRESIDING OFFICER. The Sen- This is outrageous. The insurance in- GYN as the primary care giver. Most ator from Minnesota is recognized for 5 dustry thinks that by pouring $100 mil- women try to do that already. They al- minutes. lion, or whatever, into TV ads and ready view their OB/GYN as their pri- Mr. WELLSTONE. Mr. President, I scaring people, they are going to be mary physician. did not rise to defend the Republican able to defeat this effort. They are It is especially important for women Party position. I am sorry to dis- wrong. The vote on this amendment, in rural areas. They are limited in appoint my colleagues. I say to the and on other amendments, and on this S8338 CONGRESSIONAL RECORD — SENATE July 13, 1999 legislation, will be all about whether women and men on the Democratic who have been strong supporters of the Senators belong to the insurance in- side who have come out to speak for Patients’ Bill of Rights, think this is dustry or Senators belong to the people the Robb-Murray-Mikulski-Boxer one of the most important issues to be who elected us. We should be here ad- amendment, which is so essential to raised in the course of this debate. It is vocating for people, not for the insur- women in this country. an extremely basic, fundamental, and ance industry. I am astounded that the Republicans important issue for women in this I yield the floor. have fled the Chamber and have not re- country. Mr. KENNEDY. How much time re- turned to either agree with us in fight- Our outstanding colleagues have pre- mains? ing for women’s health or to explain sented an absolutely powerful and in- The PRESIDING OFFICER. The Sen- why they are going to vote no. disputable case for our positions. We ator has 7 minutes 14 seconds. I was astounded in committee when I are troubled that we have had silence Mr. KENNEDY. I yield the Senator offered this amendment and it was de- from the other side. from Virginia 2 minutes. feated on a partisan vote. Where are We listened yesterday about how ben- The PRESIDING OFFICER. The Sen- our colleagues on the Republican side eficial the Republican bill was—when ator from Virginia. who have come before us so many it refuses to provide protections to the Mr. ROBB. Mr. President, I thank times and said that they are going to millions of Americans our colleagues you. And I thank our distinguished col- be there at the Race for the Cure? have talked about. league from Massachusetts for his lead- Where are the men of the Senate, when We are down to the most basic and ership on this whole bill. they have been there so many times, fundamental purpose of our bill; that I use this moment to simply com- saying: You bet we stand for women’s doctors and, in this case, women are mend our colleagues, who happen to be health. going to make the decision on their women, who have made the most pas- This is a women’s health issue. health care needs, not the bureaucrats sionate, persuasive case for this par- Young girls go to a pediatrician until in the insurance industry. ticular amendment that could be made. they are 12, 13, or 14. At that time, they This is one more example of the need Frankly, in listening to my colleague change doctors, not a primary care for protections. Our colleagues have from Maryland about the agony women physician but an OB/GYN. Why should demonstrated what this issue is really go through before they have to make a they be subjected now to HMO rules all about. That is why I hope those decision about a mastectomy, talking that say: We are going to change this, Members on the other side that really about the difficult choices that women and you are going to have to go to a care about women’s health will support have to make, and adding to it the bu- primary care physician in order to be this amendment. reaucracy, where we bounce them back sent to an OB/GYN? OB/GYNs are our Mr. President, we are prepared to and forth, and talking about money— primary care physicians. move ahead and vote on this amend- for this particular amendment, I have As I stated this morning, if you are ment. heard one estimate that it will be 12 pregnant and have a serious cold or ear The PRESIDING OFFICER. Who cents a year for the increased cost—we infection, or any other challenging yields time? will probably, I suggest, save more problem that develops when you are If neither side yields time, time runs money in the lack of administration pregnant, you will be given a different equally against both sides. and bureaucracy than it would cost if medication, a different procedure that Mr. KENNEDY. Do I have 1 minute we allow women to have as their des- you need to go through than if you are left? ignated primary care provider their ob- not pregnant. The PRESIDING OFFICER. Seven- stetrician or gynecologist. This is the Your OB/GYN is your primary care teen seconds. person they go to right now to receive physician from the time you are a Mr. JEFFORDS addressed the Chair. their health care, as pointed out so elo- teenager until the time you reach The PRESIDING OFFICER. The Sen- quently by the Senator from Cali- menopause, whether you are there be- ator from Vermont. fornia. cause you are pregnant or there be- Mr. JEFFORDS. How much time do As the Senator from Arkansas has cause a physician is examining you to we have? noted, this is a very real problem. Her determine treatment. But you are The PRESIDING OFFICER. Twenty- husband happens to practice this par- there. The OB/GYN is your primary five minutes 15 seconds. ticular form of medicine. She gave us a care physician. This amendment will Mr. JEFFORDS. Mr. President, I compelling reason as to why we should guarantee it. know that my worthy opponents have not subject the women of America to As Senator MIKULSKI so eloquently made note of our absence. We are not this kind of burden. stated, a woman who has a mastec- ignoring this issue. We have a better I am very grateful to my colleague tomy should not be sent home too soon answer. There will be a Snowe-Abra- from Washington, who has long led the whether she is 25 years old or 80 years ham amendment presented, probably fight on this particular issue, and my old. In this country, on a daily basis, tomorrow, that will handle this issue. I colleague from Minnesota, and others women are sent home too soon because think the Members will agree that the who have spoken out. it is considered, by HMOs, to be cos- approach we take will be preferable to I, frankly, do not understand the ar- metic surgery. This is not cosmetic the one being taken right now. gument against this particular pro- surgery. A mastectomy is serious sur- I would like to address my colleagues posal. There is no one here to make gery. Women should be sent home when generally on the situation at this time. that argument. I am, frankly, sur- their doctor determines they are able The Patients’ Bill of Rights Act ad- prised. This makes sense for the women to go home. That is what this amend- dresses those areas of health quality on of America. ment is about. which there is broad consensus. It is The PRESIDING OFFICER. The time We urge our colleagues on the other solid legislation that will result in a has expired. side to vote with us, to join with us in greatly improved health care system Mr. ROBB. Mr. President, with that, being for women’s health care. for all Americans. I yield back my time to the Senator I thank my colleagues who have been The Committee on Health, Edu- from Massachusetts so we might hear here to debate this issue. I especially cation, Labor, and Pensions, the HELP again from the Senator from Wash- thank Senator ROBB, who has been a Committee, has been long dedicated to ington. champion for all of us. I look forward, action in order to improve the quality Mr. KENNEDY. I yield 3 minutes to obviously, to the adoption of this of health care. Our commitment to de- the Senator from Washington. amendment since no one has spoken veloping appropriate managed care The PRESIDING OFFICER. The Sen- out against it. standards has been demonstrated by ator from Washington. The PRESIDING OFFICER. The Sen- the 17 additional hearings related to Mrs. MURRAY. Thank you, Mr. ator’s side has 2 minutes remaining. health care quality. Senator FRIST’s President, Mr. KENNEDY. Mr. President, we are Public Health and Safety Sub- Again, I thank my colleague from reaching the final moments for consid- committee held three hearings on the Virginia, Senator ROBB, and all of the ering this amendment. We, on this side, work of the Agency for Health Care July 13, 1999 CONGRESSIONAL RECORD — SENATE S8339 Policy and Research, sometimes re- their regulation of private health in- We do not want States to be preempted by ferred to as AHCPR. Each of these surance companies, cannot protect. We Congressional or administrative ac- hearings helped us to develop the sepa- will protect them. tions. . .Congress should focus attention on What are these standards? They in- those consumers who have no protections in rate pieces of legislation that are re- the self-funded ERISA plans. flected in S. 326, the Patients’ Bill of clude, first, a prudent layperson stand- Senator KENNEDY’s approach would Rights Act. People need to know what ard for emergency care; second, a man- set health insurance standards that du- their plan will cover and how they will datory point of service option; direct plicate the responsibility of the 50 get their health care. access to OB/GYNs and pediatricians— State insurance departments. Worse The Patients’ Bill of Rights requires that has not been recognized by the op- yet, it would mandate that the Health full disclosure by an employer about position—continuity of care; a prohibi- Care Financing Administration, HCFA, health plans it offers to employees. Pa- tion on gag rules; access to medication; enforce them, if the State decides oth- tients also need to know how adverse access to specialists; and self-pay for erwise. It would be a disaster—HCFA decisions by a plan can be appealed, behavioral health. can’t even handle the small things they both internally—that is, within the It would be inappropriate to set Fed- have with HIPAA, the Medicare and HMO—and externally, through an inde- eral health insurance standards that Medicaid problems—to get involved in pendent medical reviewer. Under our duplicate the responsibility of the 50 the demands that would be placed upon bill, the reviewer’s decision will be State insurance departments. them by the Democratic bill. binding on the health plan. We are Mr. KENNEDY. Will the Senator This past recess, Senator LEAHY and talking about an external, outside re- yield on that issue? I held a meeting in Vermont to let New viewer, and it is binding. There is no Mr. JEFFORDS. I am happy to yield. England home health providers meet appeal. It is binding. They have to do Mr. KENNEDY. Can the Senator with HCFA. It was a packed and angry it. However, the patient will retain his show us one State that has the patient house, with providers traveling from or her current rights to go to court. protections included in our proposal? Is New Hampshire, Massachusetts, and Timely utilization decisions and a there just one State in this country, Connecticut. That is who the Demo- defined process for appealing such deci- one State that provides those types of crats would have enforce their bill. It sions are the keys to restoring trust in protections? is in no one’s best interests to build a the health care system. Our legislation Mr. JEFFORDS. I believe Vermont dual system of overlapping State and also provides Americans covered by does. Federal health insurance regulation. health insurance with new rights to Mr. KENNEDY. All of the protections Increasing health insurance pre- prevent discrimination based on pre- for the patients? I know the Senator miums causes significant losses in cov- dictive genetic information. This is a understands his State well, but does erage. The Congressional Budget Of- crucial provision. It ensures that med- the Senator know of any other State fice, CBO, pegged the cost of the Demo- ical decisions are made by physicians that provides these kinds of protec- cratic bill at six times higher than S. in consultation with their patients and tions? 326. Based on our best estimates, pas- are based on the best scientific evi- Mr. JEFFORDS. We are going to pro- sage of the Democratic bill would re- dence. That is the key phrase. We want vide them with better protections. sult in the loss of coverage for over 1.5 to remember that one because you Mr. KENNEDY. The scope of your million working Americans and their won’t see it on the other side. legislation only includes a third of all families. It provides a stronger emphasis on the people who have private health Now, why do you want to charge for- quality improvement in our health coverage. ward with that plan? To put this in care system with a refocused role for Mr. JEFFORDS. Well, in some areas perspective, this would mean they AHCPR, taking advantage of all the we go beyond that, as the Senator well would have their family’s coverage abilities we have now to understand knows. canceled under the Democratic bill— better what is going on with respect to Mr. KENNEDY. No, I don’t know. I canceled. Let me repeat that. Adoption health care in this country, to sift don’t know, because you talk about of the Democratic approach would can- through the information that comes self-insured plans, and there are only 48 cel the insurance policies of almost 1.5 through AHCPR and make judgments million Americans in those plans. You million Americans, CBO estimates. I on what the best medicine is. don’t cover the 110 million Americans cannot support legislation that would Some believe that the answer to im- who have other health insurance plans. result in the loss of health insurance proving our Nation’s health care qual- Does the Senator know a single State coverage for the combined population ity is to allow greater access to the that provides specialized care for chil- of the States of Virginia, Delaware, tort system, maybe a better lawsuit. dren if they have a critical need for South Dakota, and Wyoming—no cov- However, you simply cannot sue your specialty care—one State in the coun- erage. way to better health. We believe that try? We provide that kind of protec- Mrs. MURRAY. Will the Senator patients must get the care they need tion. Does the Senator know a single yield for a question? when they need it. They ought not to State that has that kind of protection? Mr. JEFFORDS. Fortunately, we can have to go to court with a lawsuit. Mr. JEFFORDS. I tell you, we have a provide the key protections that con- They ought to get it when they need it. better health care bill. That is all I am sumers want, at a minimal cost and It is a question of whether you want telling you. It will protect more people without the disruption of coverage, if good health or you want a good law- at less cost. Your bill is so expensive we apply these protections responsibly suit. that you are going to affect a million and where they are needed. In the Patients’ Bill of Rights, we people, and those people are the ones In sharp contrast to the Democratic make sure each patient is afforded we want most to protect. Those are the alternative, our bill would actually in- every opportunity to have the right people who are working low-income crease coverage. With the additional treatment decision made by health jobs and who will be torn off and re- Tax Code provisions of S. 326, the Pa- care professionals. In the event that moved from health care protection by tients’ Bill of Rights Act, our bill al- does not occur, patients have the re- your bill. We will not do that. We are lows for full deduction of health insur- course of pursuing an outside appeal to going to protect those people who need ance for the self-employed, the full get medical decisions by medical peo- the protection the most from being de- availability of medical savings ac- ple to give them good medical treat- nied health insurance. counts, and the carryover of unused ment. Prevention, not litigation, is the I take back the remainder of my benefits from flexible spending ac- best medicine. time. counts. Our bill creates new, enforceable It would be inappropriate to set Fed- Mrs. MURRAY. Will the Senator Federal health standards to cover eral health insurance standards that from Vermont yield for a question? those 48 million people of the 124 mil- duplicate the responsibility of the 50 Mr. JEFFORDS. With the Patients’ lion Americans covered by employer- State insurance departments. As the Bill of Rights Plus Act, we provide sponsored plans. These are the very National Association of Insurance Americans with greater choice of more same people that the States, through Commissioners put it: affordable health insurance. S8340 CONGRESSIONAL RECORD — SENATE July 13, 1999 Mrs. MURRAY. Will the Senator you say you care most about, I say to derstanding we can take the good ef- from Vermont yield for a question? the Senator from California, the low- forts from that amendment, correct Mr. JEFFORDS. Yes. income people, the people who are just the deficiencies, and address the very Mrs. MURRAY. I thank the Senator. barely able to have plans right now, same issues that have been identified I was listening to his discussion and small businesses that won’t be so eloquently by my colleagues across about the Republican bill. The current able—1.5 million people will lose their the aisle. pending amendment, the Robb-Murray health insurance if your plan is put in. Now, in looking at the Kennedy-Robb amendment, allows women access to Mrs. BOXER. I say to the Senator—— amendment, on page 2, they talk OB/GYNs as their primary care physi- The PRESIDING OFFICER. The Sen- about: cians. Will the bill the Senator is dis- ator from Vermont has the floor. . . . health insurance coverage, that pro- cussing provide direct access for all of Mr. JEFFORDS. S. 326, the Patients’ vides medical and surgical benefits shall en- those women who are not in self-in- Bill of Rights Plus Act, provides nec- sure that inpatient coverage with respect to sured programs in this country? essary consumer protections without the treatment of breast cancer is provided Mr. JEFFORDS. We will have an adding significant new costs, without for a period of time as is determined by the amendment which will deal with that increasing litigation, and without attending physician, in his or her profes- problem. micromanaging health plans. sional judgment. . . . Mrs. MURRAY. All women in this Our goal is to give Americans the So far, I agree wholeheartedly. But country who are not in self-insured protections they want and need in a where I cannot vote in good conscience, programs will have access under the package they can afford and that we or allow my colleagues to, without amendment you are going to be offer- can enact. This is why I hope the Pa- fully understanding the implications, ing? tients’ Bill of Rights we are offering is where they continue and say: Mr. JEFFORDS. First of all, we defer today will be enacted and signed into . . . consistent with generally accepted to the States in that regard. law by the President. medical standards, and the patient, to be Mrs. MURRAY. Then I can assume Mr. President, I yield to the Senator medically appropriate following—(A) a mas- that the women who are not in self-in- from Tennessee. tectomy; (B) a lumpectomy; or (C) a lymph sured programs will not be covered by The PRESIDING OFFICER. The Sen- node dissection. the Republican amendment. ator from Tennessee is recognized. I agree with all of that and inpatient Mr. JEFFORDS. Our bill covers, as Mr. FRIST. Mr. President, I want to care. The part that bothers me is the we intended to cover, those who need take a few minutes to return to the un- ‘‘consistent with generally accepted the coverage now who have no coverage derlying amendment. It has taken me a medical standards.’’ This goes into the and get the protection to those who while to read through the amendment. debate we will go into tomorrow, or the need the protection. We will have an The first time I saw the amendment next day, on medical necessity and amendment that will take care of the was 30 minutes ago. I have just read what medical necessity means. problems that are—— through the amendment offered by When we talk about what is medi- Mrs. MURRAY. Not the self-em- Senator KENNEDY and others which re- cally appropriate and medically nec- ployed. That is the answer. lates to certain breast cancer treat- essary, you are going to hear me say Mrs. BOXER. Will the Senator yield ment and access to appropriate obstet- again and again that we should not try for a question? rical and gynecological care. to put that into law, Federal statute. Mr. JEFFORDS. I think the Senator I apologize for not being able to par- We should not define ‘‘medical neces- has her own time. ticipate directly on in this issue ear- sity’’ as generally accepted medical Mrs. BOXER. I wanted to ask the lier. At the outset, I will say that practices or standards. The reason is, Senator one question. about 2 years ago, Senator Bradley as exemplified in this chart, nobody Mr. JEFFORDS. Yes. from New Jersey and I had the oppor- can define generally accepted medical Mrs. BOXER. Is the Senator aware tunity to participate in writing an standards. You will go up to a physi- that when he talks about people losing amendment that actually eventually cian and a physician will say: That is their insurance, there is a $100 million became law which addressed the issue what I do every day. effort going on by the HMOs to scare of postmaternity stay, postdelivery Well, that is not much of a defini- people into thinking that if the Demo- stay. We wrote that particular piece of tion, I don’t think. Therefore, I am not cratic Patients’ Bill of Rights passes— legislation because we felt strongly sure we should use those terms and put which is supported by all the health that managed care had gone too far in them into a law and pass it as an care advocate groups in the country— dictating how long people stayed in the amendment and make it part of the Pa- they will lose their insurance? hospital and pushing them out after de- tients’ Bill of Rights. Is the Senator aware that his own liveries, and it was a little controver- This chart is a chart that shows the Congressional Budget Office has clear- sial, although I think a very good bill significant variation of the way medi- ly stated the maximum cost of the for the time, because it sent a message cine is practiced today, and that gen- Democratic Patients’ Bill of Rights is very loudly and clearly to the managed erally accepted medical standards has $2 a month? care industry that you need to leave such huge variations that the defini- And further, is the Senator aware those decisions, as much as possible, at tion means nothing. Therefore, I am that the President, by executive order, the local level where physicians and not going to put into a Federal statute gave the Patients’ Bill of Rights to patients, in consultation with each a definition that means very little be- Federal employees, and there has been other, determine that type of care. cause I think, downstream, that can no increase in the premium? The amendment on the floor is dif- cause some harm because maybe a So what I am asking the Senator is, ferent in that it focuses on another as- bunch of bureaucrats will try to give is he aware of this campaign by the pect of women’s care and that is breast that definition. HMOs? Has he seen the commercials? cancer treatment. As to the debate Mr. SANTORUM. If the Senator will Does he believe the HMOs that who from the other side of the aisle, I agree yield, he is arguing that it doesn’t have an interest in this, the CEOs of with 98 percent of what was said in mean anything. It means everything. which are getting $30 million a year, terms of the importance of having a Really it is sort of the opposite of that. really have the interests of patients in woman be able to access her obstetri- It has such an expansive character to it their heart? cian and gynecologist in an appropriate that it can include inappropriate medi- Mr. JEFFORDS. I say that the Sen- manner, the need for looking at inpa- cine, which is, I think, the point the ator was successful in stealing some tient care, to some extent as it relates Senator is making. time from me. Let me say that we have to breast disease. Yet I think the ap- Mr. FRIST. I think that is right. My differences of opinions on these bills. proach that Senator KENNEDY and oth- colleague said it much more clearly There is no question that your bill is ers have put on the floor is a good start than I. The definition itself of ‘‘medi- much more expensive, that it is going but has several problems. Therefore, I cally necessary and appropriate’’ is so to cost 6 percent, and that CBO esti- urge all of my colleagues to vote important that we should not lock the mates 1.5 million people—all of which against that amendment, with the un- definition into something that is so July 13, 1999 CONGRESSIONAL RECORD — SENATE S8341 small, so rigid, that we can’t take into How much time do I have remaining? In the Kennedy-Robb amendment, consideration the new advances that The PRESIDING OFFICER. The Sen- the language is that the plan or insurer are coming along. That is why when we ator has 20 minutes 50 seconds. shall permit such an individual who is say generally accepted medical stand- Mr. FRIST. Again, Senators SNOWE a female to designate a participating ards or practices, it leaves out the best and ABRAHAM will talk more about this physician who specializes in obstetrics evidence, the new types of discoveries a little bit later. and gynecology as the individual’s pri- that are coming on line. That decision Instead of using language such as mary care provider. should be made locally and should not ‘‘generally accepted medical stand- It is true that in our underlying bill be definitions put into a statute. ards,’’ it has a built-in inherent danger we don’t say the plan has to say that Therefore, I am going to oppose this because it defines what ‘‘medical ne- all obstetricians and gynecologists are amendment. cessity and appropriate’’ are. primary care providers. That is exactly Mr. ROBB. Will the Senator yield? We should be looking at words as fol- right. The reasons for that are Mr. FRIST. Let me try to get lows: That provides a group health plan manyfold. through my presentation. and a health insurance issuer providing Let me share with Members what one Mr. ROBB. Will the Senator yield? health insurance coverage, that pro- person told me. Dr. Robert Yelverton, Mr. FRIST. I will not yield. vides medical and surgical benefits, chairman of the American College of Let me go through for my colleagues shall ensure that inpatient coverage— Obstetricians and Gynecologists’ Pri- why the variation in medical practice just like the Kennedy-Robb amend- mary Care Committee, stated: has implications that may be unin- ment with respect to the treatment of tended and therefore we cannot let the The vast majority of OB/GYNs in this breast cancer—is provided for a period country have opted to remain as specialists amendment pass. of time as determined by the attending rather than act as primary care physicians. Reviewing regional medical vari- physician, as the Kennedy-Robb ations for breast-sparing surgery—basi- He attributes this to the high stand- amendment does, in consultation with cally for breast cancer today—I don’t ards that health plans have for primary want to categorize this too much be- the patient. I think this is ‘‘in con- care physicians, saying: cause the indications change a little sultation with the patient.’’ None of us could really qualify as primary No, they do not have in their bill ‘‘in bit. In a lumpectomy—taking out the care physicians under most of the plans, and consultation with the patient.’’ I sug- most OB/GYNs would have to go back to lump itself and radiating because it is school for a year or more to do so. the least disfiguring—the outcome is gest ‘‘in consultation with the patient’’ equally good as doing a mastectomy should be part of their amendment. You can argue whether that is good We would put in ‘‘in consultation and taking off the whole breast. or bad, but it shows that automatically In my training—not that long ago, 25 with the patient’’ to be ‘‘medically nec- taking specialists and making them years—the only treatment was mastec- essary and appropriate,’’ instead of primary care physicians and putting it tomy. As we learned more and more using their words ‘‘generally accepted in Federal statute is a little bit like and radiation therapy became more medical standards,’’ which has such taking BILL FRIST, heart and lung powerful, we began to understand there huge variation. transplant surgeon, and saying: You are synergies in doing surgical oper- Why not use the better terminology, ought to take care of all of the primary ations and radiation therapy and chem- ‘‘medically necessary and appro- care of anybody who walks into your otherapy. We didn’t have to remove or priate’’? office. disfigure the whole breast. The new Use the same indications. Mastec- Mrs. BOXER. Will the Senator yield? therapy ended up being better for the tomy is what we will propose, what Mr. FRIST. I will finish my one pres- patient but was not generally accepted they propose. Lumpectomy is what we entation, and we will come back to medically. That sort of variation is propose, what they will propose. this. shown in this chart. Lymph node dissection, we will use Mrs. BOXER. Will the Senator yield? In this chart, the very dark areas use that language. The PRESIDING OFFICER. The Sen- lumpectomy versus mastectomy. Com- But ‘‘generally accepted medical ator does not yield. paring the two, the high ratio of standards’’ is dangerous. We ought to Mrs. BOXER. Why do you not yield? around 20 to 50 percent, versus going use such words as ‘‘medically necessary The PRESIDING OFFICER. The Sen- down to the light colors on the chart and appropriate.’’ Then we are not ator did not agree to yield. where this procedure is not used very locked into the variation where there Mr. FRIST. I simply want the cour- much, there is tremendous variation. is a fortyfold difference in tesy of completing my statement. I The different patterns of color on the mastectomies versus lumpectomy, know people want to jump in and ask chart demonstrate that a procedure which shows the importance of being questions, but we have listened to the generally accepted in one part of the very careful before placing Federal other side for 50 minutes on this very country may be very different in an- definitions of what is ‘‘medically nec- topic. I am trying to use our time in an other part of the country. essary and appropriate’’ in Federal law. instructive manner, point by point, if For example, in South Dakota, using Mr. LEAHY. Mr. President, I was people could just wait a bit and allow this ratio of lumpectomy versus mas- going to make a unanimous consent re- me to get through my initial presen- tectomy, the ratio is only 1.4 percent. quest. tation of why I think this amendment In Paterson, NJ, the generally ac- Mr. FRIST. I yield to the unanimous must be defeated with a very good al- cepted medical standards in that com- consent request. ternative. munity go up almost fortyfold to 37.8 PRIVILEGE OF THE FLOOR I want to get into this issue of access percent—the relative use of one proce- Mr. LEAHY. I ask unanimous con- to obstetricians and gynecologists. In dure, an older procedure, versus a sent that Alex Steele of my office be our bill that has been introduced, we newer procedure. granted privilege of the floor today. take care of this. I believe strongly we Which of those are generally accept- The PRESIDING OFFICER. Without take care of it. We say, in section 723: ed medical standards? That shows the objection, it is so ordered. The plan shall waive the referral re- definition itself has such huge vari- Mr. FRIST. In the Kennedy-Robb quirement in the case of a female par- ation that we have to be very careful amendment is the issue of access. ticipant or beneficiary who seeks cov- when putting it into Federal statute. Again, my colleagues on the other erage for routine obstetrical care or We will come back to that because it is side hit it right on the head: Women routine gynecological care. a fundamentally important issue. Med- today want to have access to their ob- We are talking about routine wom- icine is practiced differently around stetrician. They don’t want to go en’s health issues. We waive the refer- the country. Therefore, the words through gatekeepers to have to get to ral process. There is not a gatekeeper. ‘‘generally accepted medical stand- their obstetrician or gynecologist. A patient goes straight to their obste- ards’’ have huge variations. We have to That relationship is very special and trician and gynecologist. That is what be careful what we write into law. very important when we are talking women tell me they want in terms of What I am about to say builds on the about women’s health and women’s dis- access to that particular specialized, work of Senators SNOWE and ABRAHAM. eases. trained individual. S8342 CONGRESSIONAL RECORD — SENATE July 13, 1999 It is written in our bill. Let me read disfiguring, it is very clearly indi- I yield the floor. what is in our bill. cated—there are clear-cut indications Mr. LIEBERMAN. Mr. President, I The plan shall waive the referring require- for mastectomy or lumpectomy today. rise today to express my support for ment in the case of a female participant or If you hear two different versions, you the Robb-Murray amendment, which beneficiary who seeks routine obstetrical may want to get a secondary opinion provides our mothers, wives, daughters care or routine gynecological care. or a secondary consultation. and sisters with direct access to OB/ Therefore, I think the access provi- What we are looking at in that re- GYN care and strengthens the ability sions in the Kennedy-Robb amendment gard is language similar to this: to pro- of a woman and her doctor to make are unnecessary and are addressed in vide coverage with respect to medical personal medical decisions. our underlying bill. Plus, they go one and surgical services provided in rela- The sponsors of this amendment, step further in saying that this spe- tion to the diagnosis and treatment of along with most women and most cialist is the individual’s primary care cancer shall ensure that full coverage Americans, believe that a woman provider. I am just not sure of the total is provided for secondary consultations should have the choice and the freedom implications of that, especially after by specialists in the appropriate med- to select an OB/GYN physician as her an obstetrician who is the chairman of ical fields. primary care provider and to deter- the American College of Obstetrics and ‘‘Medical fields,’’ I think we need to mine, in consultation with her doctor, Gynecology very clearly states that go a little bit further and focus on how long she should stay in the hos- merely assuming that a specialist is a whether it is pathology or radiology or pital following surgery. good primary care physician is not nec- oncology or surgery to confirm—and I Those critical and deeply personal essarily correct. think it should be part of the lan- judgments should not be trumped by Also, in our bill, beyond the routine guage—to confirm or to refute the di- the arbitrary guidelines of managed care—this is in section 725 of our bill agnosis itself. That is full coverage by care companies. The women in our where we address access to special- the plan for secondary consultations lives deserve better than drive-by ists—we say: for cancer as it deals with women’s mastectomies. With the Robb-Murray amendment, we will say so in law, and A group health plan other than a fully in- health issues. sured health plan shall ensure that partici- I think that will be an important ensure that women receive the services pants and beneficiaries have access to spe- part to include as we address this very they need and the respect they are cialty care when such care is covered under specific field. It is totally absent in the owed. the plan. Kennedy-Robb amendment. I propose Studies show that when women have So they have access to specialty care offering an amendment which does a primary care physician trained in OB/ when obstetrics care and gynecological much of what they say in terms of in- GYN, they receive more comprehensive care is part of that plan. patient care, changing this termi- care and greater personal satisfaction So both here and in the earlier provi- nology from ‘‘generally accepted med- when they are treated by doctors trained in other specialties. sion of section 723, where we talk about ical standards,’’ which I think is poten- We should consider, too, that breast routine obstetrical care, there is no tially dangerous, and move on to the gatekeeper; there is no barrier; a cancer is the second leading killer of language which I think should be used, women in this country. New cases of woman can go directly to her obstetri- which is ‘‘medically necessary and ap- this disease occur more than twice as cian and her gynecologist, which is propriate.’’ often as second most common type of what they want. Or, if you fall into the The access issue, I believe, we have cancer, lung cancer. More than 178,000 specialty category in provision 725, you developed. There are other issues in the women in this country were diagnosed have access to specialty care when bill that I will work with Senators with breast cancer in 1998. I have no such care is covered under the plan. ABRAHAM and SNOWE to address, in a doubt we will someday find the origin As I go through the Kennedy-Robb systematically and well-thought-out and cure for this terrible malady. Until plan, and this is obviously the amend- way, so we can do what is best for then, though, we have a duty to make ment that we are debating on the floor, women in this treatment of cancer, the system charged with treating these there are a number of very reasonable breast cancer, mastectomy, and access women respectful and responsive to issues in there. Again, I think the in- to obstetricians and gynecologists. their needs. tent of the amendment is very good. I That is something about which we need Sadly, the evidence suggests we have do notice secondary consultations in to ensure that no managed care plan a long way to go. We continue to re- the amendment. I think, as we address says: No, you cannot go see your obste- ceive disturbing reports about the in- the issue of women’s health, obstet- trician; or, no, you cannot go see your sistence of some insurance companies rical care, breast cancer treatment, ac- gynecologist; or, no, you have to hop to force women out of the hospital im- cess to appropriate care, which we plan through a barrier; or, no, you have to mediately after physically demanding on addressing and we will address, I be- go see a gatekeeper before you can see and emotionally traumatic surgeries. lieve, this is the amendment Senators your obstetrician/gynecologist. We are We have been shocked by stories of SNOWE and ABRAHAM have been work- going to stop that practice, and we are women being sent home with drainage ing on so diligently, the idea of sec- going to stop that in the Republican tubes still in their bodies and groggy ondary consultations. bill we put forward. from general anesthesia. This is dis- About 2 months ago we did a women’s I have introduced the concept tressing to me not just as a policy- health conference. It was wonderful. It today—again, it is very important—of maker, but as a son, father, and hus- was in Memphis, TN. It was on wom- medical necessity and how we define band. en’s health issues. Maybe 200 or 300 what is medically necessary and appro- Now, some critics of the Robb-Mur- people attended, focusing on women’s priate. It is something critical. It is ray Amendment want to sidestep this health issues. We talked about the something we are going to come back problem, and suggest that we are legis- range of issues, whether it was breast to. I think with all the issues we are lating by body part. To that, I say: cancer, cervical cancer, osteoporosis, discussing, if we try to put in Federal Those who oppose this provision are diseases of the aging process, but an law, Federal statute, a definition of wasting a valuable opportunity to in- issue which came up was the issue of what is medically necessary and appro- crease the quality of physical health secondary consultations. Because it is priate instead of leaving it up to a phy- care for over half the population of the dealing with something that is very sician who is trained in the field, a spe- United States. personal to them, women say: Is there cialist, we are going in the wrong di- Those who oppose are ignoring the any way we can reach out in some way rection and have the potential for suffering and inconvenience of women with health plans to lower the barriers broadly harming people. throughout this country trying to re- for us to get a second opinion? I urge defeat of this amendment with ceive the basic health care that they Why is that important? Part of that the understanding we are going to have every right to expect. is important because of this huge vari- come back and very specifically ad- Those who oppose are failing to right ation. If you go to one doctor and he dress the issues I have talked about a wrong that we have tolerated for too says do a mastectomy, which is very today. long. July 13, 1999 CONGRESSIONAL RECORD — SENATE S8343 Mr. President, women are being de- fund, was not done in the HELP Com- a transfer of general revenue funds into nied the quality of care they are pay- mittee, I do not think. It should not the Social Security trust fund. It does ing for and to which they have a moral have been done. My guess is the Fi- not make these kinds of mistakes that right. And this Senate has a chance nance Committee might have some ob- we have, unfortunately, with this pend- today to begin fixing this inequity. I jections. Senator ROTH is going to be ing amendment. urge my colleagues to look beyond the on the floor saying: Wait a minute, Mr. GREGG. Will the Senator yield rhetoric and see the very simple and what is going on? for a question? fair logic that calls for the passage of So there is a lot of mischief in these Mr. NICKLES. I ask how much time this amendment, and join us in sup- amendments. Some of us have not had we have? porting it. enough time. One of the crazy things The PRESIDING OFFICER. The Sen- Several Senators addressed the about this agreement is we are going to ator has 21⁄2 minutes. Chair. have amendments coming at us quick- Mr. GREGG. As I understand it, by The PRESIDING OFFICER. Who ly. We have to have a little time to repealing the underlying amendment, yields time? The Senator from Okla- study them. Sometimes we find some which would limit the cost increase to homa. things stuck in the amendments which 1 percent and would say, in the alter- Mr. NICKLES. Mr. President, how some of us might have some objections native, if 100,000 people are knocked off much time remains on this amend- with. the rolls of insured, the bill will not go ment? I want to make a couple of comments forward. If we repeal that and those The PRESIDING OFFICER. There on the amendment. In addition to the 100,000 people are knocked off the rolls, are 7 minutes and 26 seconds on the big tax increases hidden in the bill, they are not going to have any insur- side of the Senator from Oklahoma. this amendment also strikes the under- ance for mastectomies; right? Mr. NICKLES. The Senator is exactly The other side has used all its time. lying amendment that many of us have right. Mr. NICKLES. Mr. President, let me proposed on this side that says, what- Mr. GREGG. Basically, the proposal make a couple of comments. I heard ever we should do we should do no of the Senator from Virginia, sup- my friend and colleague from Massa- harm. If we are going to increase pre- ported by Senator KENNEDY, uninsures chusetts say: Where is everybody in the miums by over 1 percent; let us not do potentially 100,000 women from any debate? We have just received the a bill. Maybe people forgot about that, mastectomy coverage as a result of amendment. I would like to look at it, but that is an amendment we offered their amendment or any other cov- and I had a chance to look at it while earlier. This amendment, the Robb erage. some of the debate was going on. I amendment, says, let’s strike that pro- Mr. NICKLES. The Senator makes a would like to make a couple of com- vision. We do not care how much the good point, but probably not 100,000. ments on it. Kennedy bill costs. Estimates would probably be much I found in the amendment— Some of us do care how much it closer to 2 million people would be un- Mr. KENNEDY. On that point, will costs. We do not want to put millions insured and have no coverage whatso- the Senator yield? of people into the ranks of the unin- ever in any insurance proposal if we Just on the point of the representa- sured. We do not want to do harm. Un- adopt the underlying Kennedy amend- tion you just made. It is virtually the fortunately, the amendment proposed ment. same amendment that was offered in by Senator ROBB and others would do Mr. GREGG. Of those 2 million peo- the committee. that. It would strike that provision. It ple, we can assume potentially half The PRESIDING OFFICER. Does the would eliminate that provision. would be women. So we have approxi- Senator yield? On the issue of breast cancer and mately 1 million women who would not Mr. NICKLES. No, I do not. mastectomy and lumpectomy and so have insurance as a result of this Mr. KENNEDY. It is not a surprise. It on, Senator FRIST has addressed it a amendment being put forward on the is the same amendment, effectively. little bit. Senator SNOWE and others other side. Mr. NICKLES. The Senator from will be offering an amendment that is Mr. NICKLES. The Senator is cor- Massachusetts says it is the same related and, I will tell you, far superior rect. amendment offered in committee, but to the amendment we have on the Mr. SANTORUM. Mr. President, will that is not factual. The Senator can floor. the Senator from Oklahoma yield for a correct me if I am wrong, but this I do not know if we will get to it to- question? As a matter of fact, we have amendment deals with Superfund. This night. Certainly, we will get to it to- some information just provided to us amendment deals with transferring morrow. It is a much better amend- that under the Kennedy legislation, S. money from general revenue into So- ment. It is an amendment that has 6, with 1.9 million people no longer cial Security. That was not offered in been thought out. It is an amendment being insured, you would have 188,595 committee. There are few tax provi- that does not have Superfund taxes in fewer breast examinations. If people sions in here. I asked somebody: What it. It is an amendment that includes, as had their routine breast examinations, is this extension of taxes on page 17? this bill does, transfers from the gen- of those 1.9 million, a certain percent- My staff tells me it is a tax increase of eral revenue fund into the Social Secu- age would be women, that would be the $6.7 billion on Superfund. I don’t know rity trust. number of breast exams that would no what that has to do with breast cancer, I urge my colleagues at the appro- longer take place if this legislation but it is a tax increase on Superfund. priate time to vote ‘‘no’’ on the Robb passed. I know we need to reauthorize Super- amendment, and then let’s adopt the We hear so much talk about ‘‘in fund. I didn’t know we were going to do underlying amendment which says we human terms,’’ and they say this argu- it on this bill. I stated in the past we should not increase health care costs ment does not cut. These people are are not going to pass the Superfund ex- by more than 1 percent; let’s not do going to lose insurance. They will lose tension until we reauthorize it. We damage to the system; let’s not put insurance. They will not get coverage should do the two together. Why are we people into the ranks of uninsured by so you do not have to worry about cov- doing it on this bill? playing games, maybe trying to score ering them for a mastectomy. They are So there are tax increases in here points with one group or another going to find out, in many cases, unfor- that nobody has looked at. They did group. Let’s not do that. Let’s not tunately, far too late for even those not do that in the Labor Committee or make those kinds of mistakes. kinds of treatments to be helpful. That the health committee, I do not think. I If people have serious concerns deal- is what we are trying to prevent in not asked the Chairman of the committee. ing with breast cancer and how that passing a bill that drives up costs dra- I don’t think they passed tax increases should be treated, again, Senator matically which drives people out of on Superfund. That does not belong in SNOWE, Senator ABRAHAM, and Senator the insurance area. the HELP Committee. FRIST have an amendment they have Mr. NICKLES. I appreciate my col- Certainly transferring money from worked on for some time that I believe league’s comment. I yield back the re- the general revenue fund, as this bill is much better drafted. It does not have mainder of my time and ask for the does, into the Social Security trust Superfund taxes in it. It does not have yeas and nays on the amendment. S8344 CONGRESSIONAL RECORD — SENATE July 13, 1999 The PRESIDING OFFICER. Is there a The result was announced—yeas 48, The amendment I sent to the desk on sufficient second? nays 52, as follows: behalf of Senators FRIST, JEFFORDS, There is a sufficient second. [Rollcall Vote No. 198 Leg.] and others, is a very important amend- The yeas and nays were ordered. YEAS—48 ment, so I hope all of our colleagues Mr. KENNEDY. I yield myself 2 min- Akaka Edwards Lieberman will listen to it. The amendment would utes on the bill. Baucus Feingold Lincoln strike the medical necessity definition The PRESIDING OFFICER. The Sen- Bayh Feinstein Mikulski that was in the Kennedy bill and re- ator is recognized. Biden Graham Moynihan place it with the grievance/appeals Bingaman Harkin Murray Mr. KENNEDY. Mr. President, the Boxer Hollings Reed process we have in our bill. In other more we debate, the more confused our Breaux Inouye Reid words, it is a very significant amend- good colleagues on the other side, quite Bryan Johnson Robb ment, one that we had significant dis- frankly, become. The underlying Byrd Kennedy Rockefeller cussion on last week. Some of our col- Chafee Kerrey Sarbanes amendment dealing with the OB/GYN Cleland Kerry Schumer leagues said they really wanted to vote is the amendment that was offered in Conrad Kohl Specter on it last week. We will get to vote on committee and that is no surprise. Daschle Landrieu Torricelli it, depending on the majority leader’s The other provision the Senator from Dodd Lautenberg Warner Dorgan Leahy Wellstone intention. If the time runs on this Oklahoma talks about is funding the Durbin Levin Wyden amendment, all time would be used, self-insurance tax deduction intro- and we would probably be ready for a NAYS—52 duced by the Senator from Oklahoma vote at about 6:40. Of course, it would Abraham Frist McConnell be the majority leader’s call whether without paying for it. This would sub- Allard Gorton Murkowski ject the bill to a point of order if it was Ashcroft Gramm Nickles or not to have a vote. carried all the way through. He did not Bennett Grams Roberts The amendment deals with medical pay for it. Bond Grassley Roth necessity. It replaces the definition in Brownback Gregg Santorum the Kennedy bill with the grievance It is a red herring. Time and time Bunning Hagel Sessions again we have put in the General Ac- Burns Hatch Shelby and appeals process that we have in the counting Office document which states Campbell Helms Smith (NH) Republican package, which I think is a that the protections in this bill will en- Cochran Hutchinson Smith (OR) far superior package as far as improv- Collins Hutchison Snowe hance the number of people insured, Coverdell Inhofe Stevens ing the quality of care. I compliment not reduce the number. Craig Jeffords Thomas Senator JEFFORDS, Senator FRIST, and Does the Senator from Pennsylvania Crapo Kyl Thompson others for putting this together. actually believe we are endangering DeWine Lott Thurmond I yield the floor. Domenici Lugar Voinovich The PRESIDING OFFICER. Who breast cancer tests for women, reduc- Enzi Mack ing Pap tests, reducing examinations Fitzgerald McCain yields time? for breast cancer and yet the breast Mr. JEFFORDS. Mr. President, this The amendment (No. 1237) was re- is an extremely important amendment. cancer coalition supports our proposal? jected. Is he suggesting any logic to his posi- I think everyone ought to understand Mr. NICKLES. Mr. President, I move exactly what we are trying to do. tion? to reconsider the vote. We are entering into a new era with Mr. President, I yield back the re- Mr. BOND. I move to lay that motion respect to the availability of health mainder of the time and look forward on the table. care, good health care, excellent health to the vote. The motion to lay on the table was care. We have seen pharmaceuticals The PRESIDING OFFICER. The Sen- agreed to. being devised which would do miracu- ator from Oklahoma. AMENDMENT NO. 1238 TO AMENDMENT NO. 1236 lous things. We are also having medical Mr. NICKLES. Mr. President, I yield (Purpose: To make health care plans ac- procedures designed and devices cre- myself 1 minute on the bill. countable for their decisions, enhancing ated. But what we have not seen is The Senator from Pennsylvania is the quality of patients’ care in America) their being available everywhere, or a right. The whole essence of the second- Mr. NICKLES. Mr. President, I send standard that will make them avail- degree amendment is to kill the under- an amendment to the desk on behalf of able in areas where they ought to be lying amendment because the Senator Senator FRIST, Senator JEFFORDS, and available. from Massachusetts does not want to others, and ask for its immediate con- What we are trying to do today is es- say we will not increase costs by more sideration. tablish that every American is entitled than 1 percent, because, frankly, he The PRESIDING OFFICER (Mr. to the best medical care available, not wants to, and expects to, increase costs HAGEL). The clerk will report. that which is generally available in by 5 or 6 percent. The net result of that The assistant legislative clerk read your area; not be different from one will be to uninsure a couple million as follows: end of the country to the other but people, half of which could be women, The Senator from Oklahoma [Mr. NICK- that everyone is entitled to that health half of which will not get those exams, LES], for Mr. FRIST, for himself and Mr. JEF- care, especially if you are in an HMO. half of which will not get those FORDS, proposes an amendment numbered They should be, and must be, aware of screenings, half of which will not get 1238 to amendment No. 1236. what is the best health care that would the care they need. That is the purpose Mr. NICKLES. Mr. President, I ask serve you to make you a well person. of the amendment. unanimous consent that reading of the For a couple of days now, we have In the process, he also increases amendment be dispensed with. heard many tragic stories about chil- Superfund taxes and also comes up The PRESIDING OFFICER. Without dren who were born with birth defects with general transfers of money from objection, it is so ordered. or who were injured because the pri- the general revenue fund to the Social (The text of the amendment is print- vate health care system failed them in Security fund. That is a mistake. ed in today’s RECORD under ‘‘Amend- some manner. I know my colleagues on I urge my colleagues to vote no and ments Submitted.’’) the other side of the aisle have a bill keep in mind that in dealing with Mr. NICKLES. Mr. President, for the they believe would address these situa- breast cancer, Senator SNOWE, Senator information of our colleagues, we have tions. The Republican health care bill FRIST, and Senator ABRAHAM will offer now disposed of the Democrats’ second- addresses the concerns people have a much better proposal later in this de- degree amendment to the first-degree about their health care without caus- bate. I yield the floor. amendment proposed by the Repub- ing new problems. The PRESIDING OFFICER. All time licans, which first-degree amendment Americans want assurance that they having been yielded back, the question would limit the cost of the Kennedy will get the health care they need when is on agreeing to amendment No. 1237. health care bill to 1 percent. Now I they need it. I am going to describe ex- The yeas and nays have been ordered. have sent a second-degree amendment actly how the Republican bill does just The clerk will call the roll. up under the unanimous consent agree- that. I am also going to describe how The legislative assistant called the ment. Each side could offer a second- the Republican bill will create new pa- roll. degree. tient rights and protections which July 13, 1999 CONGRESSIONAL RECORD — SENATE S8345 would have prevented the tragic situa- IVINS, PHILLIPS & BARKER, any coverage denial by the HMO at its sole tions described by my colleagues on Washington, DC, July 12, 1999. discretion, would be a fiduciary act of plan the other side of the aisle. Hon. JAMES M. JEFFORDS, interpretation, rather than a medical judg- Finally, I want to talk about how the Chairman, Committee on Health, Education, ment. Under this view, then, all claims deni- als would be contract decisions rather than Republican bill achieves these goals in Labor and Pensions, U.S. Senate, Wash- ington, DC. medical ones, and no denials would be eligi- an accountable manner, without in- DEAR MR. CHAIRMAN: You have asked us to ble for independent external review. creasing health care costs, without a provide you with our opinion on the out- The terms of the Bill clearly prevent this massive new Federal Government bu- comes of certain medical claims denials end-run around its intent. The Bill provides reaucracy, and without taking health under the bill reported out of your Com- that the right of external review exists for care insurance away from children and mittee, The Patients’ Bill of Rights Act of any denial of an item that is covered but for families. It doesn’t cost money to in- 1999, S. 326 (the ‘‘Bill’’). a determination based on medical necessity, In each of these examples, a claim is made etc., ‘‘under the terms of the plan.’’ That is, crease your ability to make sure you for coverage or reimbursements under an are aware of what is available. The the statutory language provides for external employer-provided health plan, and the review of any determination of medical ne- heart of the Republican Patients’ Bill claim is denied. You have specifically asked cessity, etc., even when that determination of Rights Plus Act is a fair process for us to comment on whether the claims would is intertwined with an interpretation of the independent external review that ad- be eligible for independent external review plan’s terms. dresses consumer concerns about get- under the Bill, which provides the right to The report of your Committee clarifies ting access to appropriate and timely such review for denials of items that would that intent. The report explicitly notes that medical care in a managed care plan. be covered under the plan but for a deter- ‘‘some coverage discussions involve an ele- mination that the item is not medically nec- ment of medical judgment or a determina- The Republican bill establishes gate- essary and appropriate, or is experimental or ways that ensure medical disputes get tion of medical necessity.’’ After walking investigational. through an example of a coverage decision heard by an independent, external re- A. Bill’s provisions for independent external re- which involves such a judgment, the report viewer. The plan does not have veto view concludes that your Committee intends that power in these decisions. Denials or If a participant or beneficiary in an em- such ‘‘coverage denials that involved a deter- disputes about medical necessity and ployer-provided health plan makes a claim mination about medical necessity and appro- appropriateness are eligible for review, for coverage or reimbursement under the priateness’’ would be eligible for independent period. If a plan considers a treatment plan, and the claim is denied, the Bill external review.5 to be experimental or investigational, amends the Employee Retirement Income That is, under the Bill any interpretation it is eligible for external review. The Security Act of 1974 (ERISA) to provide that of the plan’s terms triggers independent ex- he or she has the right to written notice and reviewer is an independent physician of ternal review when that interpretation in- internal appeal of the denial within certain volves an ‘‘element of medical judgment.’’ the same specialty as the treating phy- time-frames set forth by statute.1 If the ad- sician. In addition, the reviewer must To further remove any ambiguity on this verse coverage determination is upheld on point, the Committee report states that any have adequate expertise and qualifica- internal appeal, the Bill provides that the determination of medical necessity is eligi- tions, including age-appropriate exper- participant or beneficiary in certain cases ble for independent external review, even if tise in the patient’s diagnosis. has the right to independent external re- the criteria of medical necessity are partly 2 view. included as plan terms requiring contract in- So, in other words, a pediatrician The right to independent external review terpretation: ‘‘The committee is interested must review a pediatric case and a car- exists for denial of an item or service that (1) in ensuring that, in cases where a plan docu- diologist must review a cardiology would be a covered benefit when medically ment’s coverage policy on experimental or case. In the Republican bill, only quali- necessary and appropriate under the terms of investigational treatment is not explicit or the plan, and has been determined not to be fied physicians are permitted to over- is linked to another policy that requires in- medically necessary and appropriate; or (2) turn medical decisions by treating phy- terpretation, disputes arising out of these would be a covered benefit when not experi- sicians. The reviewer then makes an kinds of situations will be eligible for exter- mental or investigational under the terms of independent medical decision based on nal review.’’ 6 the plan, and has been determined to be ex- the valid, relevant scientific and clin- perimental or investigational.3 Thus, even assuming that the HMO’s deter- ical evidence. This standard ensures A participant or beneficiary who seeks an minations in this example are plan interpre- that patients get medical care based on independent external review must request tations by a fiduciary, they are not saved the most up-to-date science and tech- one in writing, and the plan must select an from independent external review under your nology. entity qualified under the Bill to designate bill. Any coverage determination by the an independent external reviewer. Under the HMO in this example involves ‘‘an element The Kennedy bill describes medical of medical judgment or a determination of necessity in the statute. It does not de- Bill’s standard of review, the independent ex- ternal reviewer must make an ‘‘independent medical necessity,’’ and is therefore eligible fine it in a manner that ensures that determination’’ based on ‘‘valid, relevant, for independent external review under the patients will get the highest quality scientific and clinical evidence’’ to deter- Bill and Committee report. Moreover, the care and the most up-to-date tech- mine the medical necessity and appropriate- standard used by the HMO in this example nology. ness, or experimental or investigational na- for determining medical necessity is not ‘‘ex- The Republican bill ensures that phy- ture of the proposed treatment. 5 plicit,’’ and is therefore eligible for inde- B. Fact patterns pendent external review under the Bill and sicians will make independent deter- Committee report. minations based on the best available You have asked us to review whether the In short, under the hypothetical plan of scientific evidence. That is the stand- following fact patterns would be eligible for external review under the terms of the Bill. this example, all claims would involve deter- ard, the best available scientific evi- minations of medical necessity, and all deni- dence. It is that simple. Health plans You have also asked for our judgment on whether any factor in these examples would als would be eligible for independent exter- cannot game the system and block ac- compromise the reviewer’s ability to make nal review. cess to external review. To ensure this an independent decision. Question 2: Is there any factor that would is the case, I have asked the private Fact Pattern 1: An employer contracts prevent the reviewer from rendering an inde- law firm of Ivins, Phillips & Baker to with an HMO. The HMO contract (the plan pendent decision? analyze the Republican external review document) states that the ‘‘HMO will cover Answer. No. The reviewer’s decision must provision, asking two key questions: everything that is medically necessary’’ and be independent. Under the Bill, the reviewer First, could a plan block a patient from that the ‘‘HMO has the sole discretion to de- shall consider the standards and evidence termine what is medically necessary.’’ used by the plan, but is intended to use other getting access to external review in a Question 1: Would any denial of coverage appropriate standards as well. It is expressly manner that is inconsistent with the or treatment based on medical necessity be intended that the review not defer to the intent of our provision? eligible for external review? plan’s judgment under the deferential ‘‘arbi- Second, is there any factor that Answer: All claims denials would be eligi- trary and capricious’’ standard of review. would prevent the external reviewer ble for independent external review under Under the Bill, the independent external from rendering a fair and independent the Bill. review must make an ‘‘independent deter- The hypothetical employer who drafted mination’’ based on ‘‘valid, relevant, sci- medical decision? this plan may have thought that, by cov- I request that the letter be printed in entific and clinical evidence,’’ to determine ering all ‘‘medically necessary’’ items, the medical necessity, etc. In making his or her the RECORD. plan incorporates medical necessity as one of determination, the independent external re- There being no objection, the letter the plan’s terms. Under this apparent view, viewer must ‘‘take into consideration appro- was ordered to be printed in the priate and available information,’’ which in- RECORD, as follows: Footnotes at end of letter. cludes any ‘‘evidence based decision making S8346 CONGRESSIONAL RECORD — SENATE July 13, 1999 or clinical practice guidelines used by the formed solely to enhance physical appear- the medical necessity and appropriateness of group health plan,’’ as well as timely evi- ance. In these cases, a plan must make a de- that care. Therefore, the treating physician’s dence or information submitted by the plan, termination of medical necessity and appro- recommendation in this example that the in- the patient or the patient’s physician, the priateness in order to determine whether the fant be treated by a pediatric subspecialist is patient’s medical record, expert consensus, procedure is a covered benefit.’’ a judgment of medical necessity. The plan’s and medical literature.7 The report concludes that, ‘‘It is the com- denial of such specialty care is a denial of an That is, under the Bill the reviewer is in- mittee’s intention that coverage denials that otherwise covered service, based on a judg- structed to consider standards and evidence involved a determination about medical ne- ment of the medical necessity or appro- used by the plan, but is intended to include cessity and appropriateness, such as the ex- priateness of that service. The denial is eligi- other standards and evidence as well. The ample above, would be eligible for external ble for independent external review under Committee report clarifies this by stating review.’’ the terms of the Bill. that the external review shall ‘‘make an as- In the example discussed here, the plan’s Question 2: Is there any factor that would sessment that takes into account the spec- denial is based on its determination that the prevent the reviewer from rendering an inde- trum of appropriate and available informa- procedure is ‘‘cosmetic’’ under the terms of pendent decision in this case? tion.’’ 8 Fleshing out the above-cited list set the plan. This interpretation of the plan in- Answer: No, the reviewer’s decision is inde- forth in the statute, the report further clari- cludes a significant element of medical judg- pendent, for the reasons set forth in our an- fies that such information can include, for ment. This is so despite the fact that plan swer to this questions in the above Fact Pat- example, peer-reviewed scientific studies, uses the term ‘‘cosmetic’’ without an express terns 1 and 2. That is, under the Bill the re- literature, medical journals, and the re- reference to medical necessity. The essential viewer shall use not only the standards and evidence considered by the plan, but other search results of Federal agency studies.9 element of medical judgment is evidenced in Moreover, the reviewer is not bound by the part by the fact that the treating physician appropriate standards as well, in rendering its independent judgment as to whether the standard or evidence use by the plan, but provides documentation for his or her judg- requested treatment is medically necessary must rather ‘‘make an independent deter- ment that the treatment is necessary for and appropriate or experimental and inves- mination and not be bound by any one par- certain basic life functions. tigations. ticular element.’’ 10 The Committee report In short, the coverage dispute in this ex- Fact Pattern 4: A participant calls the further states that the independent reviewer ample turns on whether the procedure is cos- plan to report that the participant’s infant is should not use an ‘‘arbitrary and capricious’’ metic under the plan’s terms. Under the Bill very sick, and inquiries about emergency standard in reviewing the plan’s decision.11 as amplified by the report of your Com- services. The plan representative pre-author- That is, the reviewer is specifically prohib- mittee, this determination includes an ‘‘ele- izes coverage in a participating emergency ited from using the deferential standard now ment of medical judgment or determination facility, which is 20 miles away. Alarmed by used by federal courts in reviewing certain of medical necessity.’’ Therefore, the denial the infant’s various severe symptoms, the coverage determinations by ERISA plan fi- is eligible for independent external review participant instead takes the infant to a duciaries. under the Bill. nearby emergency facility which is only 5 In short, the Bill provides that the re- Question 2: Is there any factor that would minutes away. Shortly after arrival, the viewer shall use not only the standards and prevent the reviewer from rendering an inde- baby is diagnosed as having spinal menin- evidence considered by the plan, but other pendent decision? gitis, and goes into respiratory arrest. The Answer: No, the reviewer’s decision is inde- appropriate standards as well, in rendering baby is immediately treated and stabilized, pendent, for the reasons set forth in our an- its independent judgment. and tissue damage that might otherwise Fact Pattern 2: A plan covers medically swer to this question in the above Fact Pat- have resulted is avoided. The participant necessary procedures but specifically ex- tern 1. That is, under the Bill the reviewer submits a claim to the plan for reimburse- cludes cosmetic procedures. An infant born shall use not only the standards and evi- ment of the emergency treatment. The claim to a participant is born with a severe cleft dence considered by the plan, but other ap- for reimbursement is denied on the grounds palate. The infant’s physician contends that propriate standards as well, in rendering its that coverage was preauthorized only if pro- plastic surgery to correct the cleft palate is independent, nondeferential judgment as to vided in the more distant, in-network, emer- necessary so the child can perform normal whether the requested treatment is medi- gency facility specified by the plan rep- functions like eating and speaking. The plan cally necessary and appropriate or experi- resentative. denies the request on the grounds that it mental and investigational. Question 1: Would the denial of reimburse- does not cover cosmetic surgery. The partici- Fact Pattern 3: The employer contracts ment in this case be eligible for independent pant appeals the decision, arguing that the with an HMO that has a closed-panel net- external review? procedure is medically necessary. The treat- work of providers which includes pediatri- Answer: Yes, under the Bill the denial of ing physician provides supporting docu- cians. A baby born to a participant is born reimbursement would be eligible for review mentation that the procedure is medically with a severe and rare heart defect. The in- by an independent external reviewer. necessary. fant’s own network pediatrician, who is not The Bill requires that if a plan covers Question 1: Is the denial of surgery in this a pediatric cardiologist (i.e., a pediatric sub- emergency services, it must in some cases example eligible for external review? specialist), recommends that the infant be cover such services without pre-authoriza- Answer: Yes, the denial of surgery in this treated by such a specialist. The network tion, and without regard to whether the serv- example is eligible for independent external does not include a pediatric cardiologist. The ices are provide out-of-network. review under the Bill. plan denies coverage for a non-network pedi- Specifically, such coverage must be pro- The plan in this example covers surgery atric sub-specialist, saying that one of the vided for ‘‘appropriate emergency medical generally, but excludes ‘‘cosmetic’’ surgery. plan’s network pediatricians can provide any screening examinations’’ and for additional As with many plans, the term ‘‘cosmetic’’ is medically necessary care for the infant. medical care to ‘‘stabilize the emergency not defined. There is therefore no express Question 1: Is the denial in this case eligi- medical condition,’’ to the extent a ‘‘prudent basis in the plan’s terms for inferring that ble for independent external review? layperson who possesses an average knowl- ‘‘cosmetic’’ is defined as a procedure that is Answer: Yes, the denial of pediatric sub- edge of health and medicine’’ would deter- not ‘‘medically necessary and appropriate.’’ specialist care in this example is eligible for mine that an examination was needed to de- Does this mean that the claims denial in this independent external review under the Bill. termine whether ‘‘emergency medical care’’ example is merely an act of plan interpreta- The Bill requires that participants have is needed.16 ‘‘Emergency medical care’’ is de- tion, without any determination of medical access to specialty care if covered under the fined as care to evaluate or stabilize a med- necessity? And if so, does this mean that the plan.13 The report of your Committee ex- ical condition manifesting itself by ‘‘acute denial is not eligible for external review? plains that a health plan must ‘‘ensure that symptoms of sufficient severity (including No. Under the terms of the Bill, any denial plan enrollees have access to specialty care severe pain)’’ such that a ‘‘prudent layperson based on medical necessity, etc., is eligible when such care is needed by an enrollee and who possesses an average knowledge of for external review. This is so even if the de- covered under the plan and when such access health and medicine’’ could reasonably ex- nial is based on plan terms that do not ex- is not otherwise available under the plan.’’ 14 pect the absence of medical care to endanger pressly incorporate a reference to medical The bill defines specialty care with respect the health of the patient or result in serious necessity, as long as interpretation of those to a condition as ‘‘care and treatment pro- impairment of a bodily function or serious terms involves ‘‘an element of medical judg- vided by a health care practitioner . . . that dysfunction of any bodily organ or part.17 ment.’’ has adequate expertise (including age appro- That is, under the Bill, reimbursement for This intent is spelled out in the report of priate expertise) through appropriate train- the services in this example must be pro- your Committee, which, as already noted, ing and experience.’’ 15 vided if the services satisfy the ‘‘prudent states that ‘‘The committee recognizes that In short, the Bill defines specialty care in layperson’’ standard of the bill. The prudent some coverage determinations involve an ele- terms of whether the care is ‘‘needed’’ by the layperson standard is met if an individual ment of medical judgment or a determination of enrollee, and by reference to whether the without specialized medical knowledge could medical necessity and appropriateness.’’ 12 The care is ‘‘adequate,’’ and the expertise ‘‘appro- reasonably reach the decision, based on the report goes on to give an example: ‘‘For in- priate.’’ patient’s symptoms, that lack of medical stance, a plan might cover surgery that is Under the terms of the Bill, then, a physi- care could possibly result in severely wors- medically necessary and appropriate, but ex- cian’s determination that specialty care is ened health or injury, and that expert med- clude from coverage surgery that is per- required is by its terms a judgment based on ical observation is therefore necessary. July 13, 1999 CONGRESSIONAL RECORD — SENATE S8347 A determination made by the ‘‘prudent ample, the patient and physician may The next chart is on emergency room layperson’’ is therefore a determination of not know the plan’s rationale for deny- coverage. The primary point of this medical necessity or appropriateness—albeit ing a claim since it is the HMO’s sole chart is that under the prudent one made under a nontechnical, nonexpert, discretion to determine medical neces- layperson standard, parents can use standard. Under the Bill, a plan is required to incorporate this lower, non-expert or sity. This can be frustrating for both their judgment and take their sick ‘‘prudent layperson’’ standard in evaluating the patient and the physician. child to the nearest emergency room whether to cover non-pre-authorized, out-of- Under the Republican bill, a denied without worrying about whether the network emergency medical care. claim would be eligible for an outside plan will deny coverage. In this example, the participant’s judg- independent medical review. In fact, all Another example we are all familiar ment, based on the baby’s symptoms, that denied medical claims under this exam- with is of little Jimmy whose tragic the baby should be observed as quickly as ple would be eligible for review under story has been told by Senator DURBIN. possible by medical experts at the nearer fa- our provision. This is confirmed by the His parents called the HMO when their cility, is a judgment of medical necessity outside legal analysis which I have sub- baby fell ill. The HMO nurse rec- and appropriateness, made under this lower, ommended the parents take their sick non-expert standard. Likewise, the plan’s de- mitted for the RECORD. The legal opin- nial of coverage in this case is based on the ion says: child to a participating hospital an plan’s determination that the participant’s The statutory language provides for exter- hour’s drive away. During their long judgment concerning medical necessity was nal review of any determination of medical drive, the family passed several closer in error even under this lower standard. necessity and appropriateness, even when hospitals along the way. The child’s In short, the coverage dispute in this case that determination is intertwined with an symptoms grew worse and the baby involves a judgment of medical necessity and interpretation of the plan’s terms. went into respiratory arrest. By the appropriateness under the ‘‘prudent The external reviewer would make an time they got to the hospital, the one layperson’’ standard mandated by the Bill, independent medical determination. that the HMO said was covered by a and is therefore eligible for independent ex- ternal review under the Bill. There is nothing in the HMO contract plan, it was too late. The tissue dam- Question 2: Is there any factor that would or in the legislative provision that pre- age resulted in the loss of a limb and prevent the reviewer from rendering an inde- vents the reviewer from making the little Jimmy had to endure a quadruple pendent decision? best decision for the patient. If the pa- amputation. This is a horrible situa- Answer: No, the reviewer’s decision is inde- tient needs the medical care, the re- tion. pendent, for the reasons set forth in our an- viewer will make this assessment. Let’s look at what the Republican swer to this question in the above Fact Pat- They will get the care. The inde- bill would do to address this type of terns 1, 2 and 3. That is, under the Bill the pendent reviewer’s decision is binding tragic and unnecessary situation. reviewer shall use not only the standards First, under our prudent layperson and evidence considered by the plan, but on the plan. other appropriate standards as well, in ren- Chart 2 is an example of a cleft pal- standard, a parent would not have to dering its independent judgment as to ate. This chart illustrates that pa- call the HMO to get permission to go to whether the requested treatment is medi- tients, and especially children, will get the nearest emergency room. In this cally necessary and appropriate or experi- necessary health care services. Plans case, the parents could have gone to mental and investigational. will not be able to deem a procedure as the closest emergency room and little I hope this letter has been responsive to ‘‘cosmetic’’ and thus block access to Jimmy would not have gone into res- your request. Please do not hesitate to have external review. Only physicians can piratory arrest. This tragedy would your staff contact me for any questions with make coverage decisions involving have been averted under the Repub- respect to the points here discussed. Very truly yours, medical judgment. lican provision because our bill ensures ROSINA B. BARKER. An example we have heard many that emergency room services must be times from our colleagues on the other FOOTNOTES provided without preauthorization and side of the aisle is of an infant born without regard to whether the services 1 ERISA §§ 503(b), (d), as added by S. 326 § 121(a). 2 ERISA § 503(e), as added by S. 326 § 121(a). with a cleft palate. The infant’s physi- are provided out of network. 3 ERISA § 503(e)(1)(A), as added by S. 326 § 121(a). cian recommends surgery so the child Say for the sake of argument that 4 ERISA § 503(e)(4), as added by S. 326 § 121(a). can perform normal daily functions, the plan denies reimbursements after 5 S. Rep. No. 82, 106th Cong., 1st Sess. 46 (1999). such as eating and speaking normally. the hospital has provided the treat- 6 Id. at 47. 7 ERISA § 503(e)(4), as added by S. 326 § 121(a). The treating physician says this sur- ment. Under the Republican bill, little 8 S. Rep. No. 82, 106th Cong., 1st Sess. 48 (1999) [em- gery is medically necessary and appro- Jimmy’s family would not be stuck phasis supplied]. priate. In this example, the HMO with the hospital charges. They could 9 Id. at 49. 10 Id. at 48. planned contract states: ‘‘The plan appeal this decision to an outside re- 11 Id. at 48. does not cover cosmetic surgery.’’ It viewer because the decisions about 12 Id. at 46 [emphasis supplied]. was denied as a claim, saying the whether care is medically necessary 13 ERISA § 725(a), as added by S. 326 § 101(a). child’s surgery is not a covered benefit are eligible for external review. 14 S. Rep. No. 82, 106th Cong., 1st Sess. 32 (1999). 15 ERISA § 725(d), as added by S. 326 § 101(a). because it is a cosmetic procedure, de- The law firm of Ivins, Phillips & 16 ERISA § 721(a), as added by S. 326 § 101(a). spite the recommendations of the Baker says that under our provision: 17 ERISA § 721(c), as added by S. 326 § 101(a). treating physician. The coverage dispute in this case involves Mr. JEFFORDS. Let me provide ex- What does this mean? Does this mean a judgment of medical necessity and appro- amples of how our external review pro- this is the end of the road for this priateness under the prudent layperson visions ensure that patients and chil- child’s family? No. Under the Repub- standard mandated by the bill, and therefore is eligible for independent external review dren get medical care. lican bill, this denial of coverage would under the bill. Chart 1 illustrates under the Repub- be eligible for appeal because the deci- This is a quote from the letter that lican bill that the health plan cannot sion involves an ‘‘element of medical has been previously printed in the ‘‘game the system’’ by blocking access judgment.’’ Under the Republican bill, RECORD. to external review or using some clev- medical decisions are made by physi- Mr. SCHUMER. Will the Senator erly worded definition of ‘‘medical ne- cians with appropriate expertise. In yield? cessity.’’ The Republican provision en- this case, it means an independent re- Mr. JEFFORDS. The independent sures that people get the medical care viewer would be required to have pedi- medical reviewer can make an inde- they need. atric expertise. pendent decision and overturn the plan Here is an example of an HMO that Finally, the independent medical re- denying reimbursement. This decision has a planned contract which says the viewer would look at the range of ap- is binding on the plan and not appeal- HMO will cover ‘‘medically necessary propriate clinical information and able. care’’ but the HMO has the sole discre- would have the ability to overturn the Mr. SCHUMER. Would the Senator tion to determine what is ‘‘medically plan’s decision. The child would receive from Vermont yield for a question? necessary.’’ the surgery to correct the cleft palate, Mr. JEFFORDS. Let me finish. Of course, this is an extreme exam- and the plan would cover this proce- Mr. SCHUMER. I thank the Senator. ple. Let’s see if it holds up under our dure because the reviewer’s decision is Mr. JEFFORDS. As Members can see external review provision. In this ex- binding on the plan. from the examples on these charts, the S8348 CONGRESSIONAL RECORD — SENATE July 13, 1999 Republican Patients’ Bill of Rights en- That sounds complicated. What does skill of the independent physician who sures patients get the medical care it mean in real terms? Let me read you is actually seeing the patient, who has they need, that parents can be assured a few examples of how HMOs have de- done the diagnosis, who knows the pa- their children will be cared for by ap- fined medical necessity. Here is a com- tient, the patient’s history the pa- propriate specialists, and that people pany—I will not give its name—and tient’s problems. can go forward to emergency rooms their definition. The company: This past week I spent a good deal of when they are sick, when the children . . . will have the sole discretion to deter- time in California talking with physi- are sick, and can do so with the assur- mine whether care is medically necessary. cians and patients up and down the ance that their health plan will cover The fact that care has been recommended, State. I probably talked with more these services. provided, prescribed or approved by a physi- than 50 people, including patients, hos- Establishing these important rights cian or other provider will not establish the pital administrators, county medical will help families avoid illness, injury, care is medically necessary. societies of many different counties as and improve the quality of health care. In other words, medical necessity is well as the California Medical Associa- I believe this is why we are debating whatever the HMO says. Whatever the tion. What I found was a dispirited, de- this issue today. You can’t sue your HMO says. moralized medical profession because way to health care. Congress can’t cre- Here is an example of Aetna U.S. medical decisionmaking was being ate a definition of ‘‘medical necessity’’ Health Care, the provision in their taken out of their hands. I learned that that is better than letting physician Texas contract: a physician would prescribe medica- experts make decisions on the best The least costly of alternative sup- tion, the patient would go to the drug- available science. They must practice plies. . . . gist to have the medication filled and the best available science. Here is another HMO: the druggist would make a substi- However, we can improve access to The shortest, least expensive, or least in- tution, often without even the doctor health care services and ensure that tensive level. . . . knowing. The patient would say: I can- people get timely access to the medical They throw out the medical neces- not take this drug. And the pharmacist care they need. We can ensure that sity standard used for 200 years and would have to say: We cannot furnish health care we provide is high quality say, medical necessity will be whatever what your physician prescribed because health care. Most important, we can do the HMO wants it to be. That is the it was not on your plan’s list. This is all these things without increasing heart of this issue. what we mean by medical necessity health care costs and causing more What do we find when the HMO uses —the most appropriate medical treat- Americans to lose their coverage. their own medical necessity definition? ment for that particular patient in the We accomplish all these goals with Who makes the judgment? It is an in- judgment of the treating physician. the Republican Patients’ Bill of Rights. surance company bureaucrat. That is I contend there is not anyone who I yield the floor. what this amendment is all about. has not seen a patient, who doesn’t The PRESIDING OFFICER. Who Finally, when you see the appeals know what patient is all about, who yields time? The Senator from Massa- procedures which will be addressed by can adequately prescribe for that indi- chusetts. my other colleagues, all you have to do vidual. That, in fact, is what is hap- Mr. KENNEDY. Mr. President, I yield is look at the Consumers Union and pening. myself 5 minutes. many other consumer groups. The con- Let me read a statement by someone The PRESIDING OFFICER. The Sen- sumer groups believe their appeals pro- who testified before a congressional ator from Massachusetts. cedure does not provide adequate pro- House committee a couple of years ago Mr. KENNEDY. Mr. President, this tections. in a hearing. This individual was the amendment goes to the heart of the The American Bar Association be- reviewer for an HMO. As an HMO re- issue. I urge our colleagues to pay at- lieves basic consumer protections are viewer, she countermanded a physi- tention to the exchange we are going not met. The American Arbitration As- cian. Let me read her words: to have on the floor of the Senate. sociation makes the same judgment. Since that day I have lived with this act Let us look, first, at what is in the This is a status quo amendment. If and many others eating into my heart and Democratic bill. In the Democratic you want to do nothing about the pain soul. For me, a physician is the professional bill, ‘‘medical necessity,’’ as defined on and injury being experienced by chil- charged with the care of healing of his or her page 86, is ‘‘medically necessary or ap- dren, women, and family members in fellow human beings. The primary ethical propriate.’’ That is the standard defini- our country, go ahead and support this norm is, ‘Do no harm.’ I did worse. I caused death. tion medicine has used for 200 years. It program. It is an industry protection Instead of using a clumsy weapon, I used is the standard recommended by none amendment. It will protect the profits the simplest, cleanest of tools, my words. other than the Health Insurance Asso- of the industry; it puts the profits of This man died because I denied him a nec- ciation of America itself, on page 269: the industry ahead of protecting pa- essary operation to save his heart. I felt lit- Medical necessity. Term used by insurers tients. tle pain or remorse at the time. The man’s to describe medical treatment that is appro- I yield 5 minutes to the Senator from faceless distance soothed my conscience. priate and rendered in accordance with gen- California. Like a skilled soldier, I was trained for this erally accepted standards of medical prac- The PRESIDING OFFICER. The Sen- moment. When any moral qualms arose I was tice. ator from California. to remember I am not denying care, I am only denying payment. Our legislation does what the Health Mrs. FEINSTEIN. Mr. President, the Insurance Association of America rec- Senator from Massachusetts is abso- That is why this Republican amend- ommended. This is the standard that lutely correct. This amendment essen- ment is so fallacious. Let me read the has been used for 200 years. This is the tially puts into the bill the basic actual language in the bill: standard that is supported by the med- premise of the Republican plan, which A review of an appeal under this subsection ical profession. is to let the HMO define what is medi- relating to a determination to deny coverage based on a lack of medical necessity and ap- The Republican plan knocks that cally necessary, decide what the treat- propriateness, or based on a experimental or standard out. It knocks it out. What do ment should be, what the length of hos- investigational treatment, shall be made they put in as a substitute? As a sub- pitalization should be for a patient, not only by a physician with appropriate exper- stitute, on page 148, they say ‘‘medical based on that patient, not based on tise including age appropriate expertise, who necessity’’ used in making coverage de- medical necessity, but based on stand- was not involved in the initial determina- terminations is determined ‘‘by each ards that individuals who have not tion. plan.’’ ‘‘By each plan.’’ The plan can even seen the patient determine. My father, chief of surgery at the define medical necessity any way it I must tell you I have a very real University of California, would turn wants. problem with that. The insurance plan over in his grave with this kind of lan- In their appeals procedure we find would determine medical necessity, guage. That is not what someone goes that medical necessity issues can be not the physician who sees the patient. to medical school and does a residency, appealed, but medical necessity is de- It would substitute an independent re- does a surgical residency, does grad- fined by the HMO. view process for the knowledge and the uate school work for, to get overturned July 13, 1999 CONGRESSIONAL RECORD — SENATE S8349 by an insurance company reviewer who medical necessity, not based on the please the insurance industry and still has not even seen the patient. This particular needs of the individual pa- make it look as if the job is being done. amendment, I contend, is in the worst tients. One of the main issues is scope: 160 of medical practice because it allows a Mr. JEFFORDS. This is new. This million covered versus 48 million cov- panel that has never seen the patient does not exist anywhere. We are cre- ered for emergency room, for medical to make the determination of whether ating a new policy to ensure the best necessity, and for other things. Thirty- a patient gets a lifesaving operation, health care possible for every Amer- eight million people would be included gets a drug that might make them ican. in the Schumer-Edwards amendment well, gets a treatment from which the Mr. President, I yield the floor. who are excluded by this amendment. physician thinks they might benefit. The PRESIDING OFFICER. Who Perhaps the greatest area where this The PRESIDING OFFICER. The time yields time? amendment is a false promise, is a of the Senator has expired. The Senator from Massachusetts. hoax, is the independent review. The Mrs. FEINSTEIN. I yield the floor. Mr. KENNEDY. I want to ask the Senator from Vermont said the review The PRESIDING OFFICER. The Sen- Senator from California a question. is independent. Not so. In the amend- ator from Vermont. Where in the earlier response does it ment offered by the Senator from Mr. JEFFORDS. Mr. President, I say they will use the best practices? Vermont, the reviewer is appointed by would like to answer my good friend Mrs. FEINSTEIN. It does not. the HMO. The reviewer is not even re- from California. I do not believe she Mr. KENNEDY. It does not say that. quired to have no financial relationship was listening to my explanation of To the contrary, does the Senator not with the HMO. Theoretically, under what this bill does. In fact, we do agree that we have example after ex- this proposal, the HMO could pay an throw out 200 years of law practice. ample where HMOs have used defini- ‘‘independent’’ reviewer. If we want an That shakes the legal community up a tion based on lowest cost? independent external review, why bit because they have to learn what is Mrs. FEINSTEIN. As a matter of shouldn’t that reviewer have no ties to going on in modern medical situations. fact, I can read terminology right out the HMO? They have to become aware of how of insurance contracts, which I was How can we tell people that an inde- they find out what the best medicine going to read had my amendment been pendent review is independent when is, not necessarily what is used in that able to come to the floor. As the Sen- the insurer selects the reviewer? If you area. It is the best medicine available. ator knows, the purpose of this amend- have ever heard of the fox guarding the We set a higher standard, and that is ment is essentially to defeat the chicken coop, here it is. An inde- why the legal profession is a little bit amendment I was going to offer, that I pendent review, as in the amendment upset. They do not want to have to did offer to the Agriculture Appropria- we will be voting on in the next few learn all this medical stuff. They want tions bill and that I said last week that days, requires that the HMO not pick to go back to the good old days when I was going to offer to this bill, to the reviewer. I know the Senator from they could just call the local doctor allow the physician to give the treat- Vermont has stressed that a pediatri- and say: What is the general medical ment and prevent the HMO from arbi- cian would review a child’s case. I say practice? And whatever that doctor trarily interfering with or altering the to my colleagues, if I were a member of does is the general medical practice. treating physician’s decision, whether an HMO, I would not want a pediatri- That is the present standard. We say it be the treatment or the hospital cian who has a financial relationship that is not good enough now. length of stay. with the HMO to review the case. Mr. JEFFORDS. Will the Senator We are going to make sure that every Mr. KENNEDY. I yield 5 minutes to the Senator from New York. yield for a question? person in an HMO has the right to the Mr. SCHUMER. The Senator did not The PRESIDING OFFICER. The Sen- best medical care available, and that is yield to me. I will wait until his time ator from New York. what we explained with chart 1, chart to answer a question. Mr. SCHUMER. Mr. President, I 2, and chart 3. The decision is made by What I am saying is this: If you want thank the Senator from Massachusetts. the external reviewer who says: Look, a real review, and hundreds of thou- There are two pernicious parts to you can use this treatment now, you sands of Americans want such a review, this amendment. One is removing the can use this pharmacy prescription, then vote against this amendment, accurate definition of medical neces- and that can be cured. You did not use wait for the Schumer-Edwards amend- sity, as the Senators from Massachu- it, you are not going to use it—that is ment, and you will get a true inde- setts and California have pointed out, wrong. Give them that care. pendent review. Mrs. FEINSTEIN. Will the Senator and the second is putting in an appeals In conclusion, this is not so different yield for a question? process that is nothing short of bogus from the gun debate we had a month Mr. JEFFORDS. Certainly. in a whole variety of ways. When you and a half ago, where we had a power- Mrs. FEINSTEIN. Does the Senator look at the appeals process that is ful special interest on one side and the from Vermont really believe the best being substituted by the Senator from American people on the other side, and treatment can be provided by a re- Vermont, you understand how grudging there were a series of proposals put for- viewer who has never seen the patient? it is, how imperfect it is, how it will ward that the powerful special inter- Mr. JEFFORDS. There is nothing not do the job. Let me give a few exam- ests liked but were intended to make that says the reviewer never sees the ples. the American people believe we were patient. The reviewer is an expert. He First, there is no timeliness. The making progress. is the one who is qualified in that pro- HMO can initiate the appeals process I cannot tell you how or where or fession to know, who reviews the whenever it wants. It could wait 3 when, but just as in the gun debate, the records. There is nothing that says he months or 6 months or 9 months before American people will not be fooled. cannot also see the patient and inter- review. Our amendment, which the They want, they demand, a real Pa- view the patient. This is not going to Senator from North Carolina and I will tients’ Bill of Rights, one that covers be a judgment done in some courthouse offer, requires the review process to 160 million Americans, not 48 million, with a jury determining something. start when the patient asks. one that has a real review process, not This is going to be done by an expert in Second, there is no requirement that a sham review process where the re- the field who is dealing with a patient the appeals process, after it is finished, viewer can be paid by the HMO. Please to make sure that patient gets the best be implemented. The HMO can appeal vote down this amendment. available health care, the best of medi- and appeal and appeal. The PRESIDING OFFICER. The Sen- cine that is available. The two I want to focus on this after- ator’s 5 minutes has expired. Mrs. FEINSTEIN. Will the Senator noon are these: First, it is much more Who yields time to the Senator from yield to me a moment? limited in scope. I say to my friends Pennsylvania? I met some of the reviewers this past and my fellow Americans who are Mr. JEFFORDS. I yield the Senator week. They did not see the patient. watching this debate, this is not two from Pennsylvania 10 minutes. They made the decisions based on their competing bills; this is one bill that The PRESIDING OFFICER. The Sen- insurance companies’ definitions of does the job and one bill that seeks to ator from Pennsylvania. S8350 CONGRESSIONAL RECORD — SENATE July 13, 1999 Mr. SPECTER. I thank the Chair. train of thought. I will be glad to yield as district attorney of Philadelphia, Mr. President, it is extraordinarily in a moment and respond to whatever the State paid the fee for the defendant complex to work your way through the question the Senator from New York in first-degree murder cases. But there various provisions. Representations are may have. was no doubt that notwithstanding the being made on both sides of the aisle I supported the Robb amendment, the fact that the Commonwealth of Penn- which are contradictory. last vote, because the Robb amendment sylvania paid defense counsel, the de- The Senator from New York has just had provided a standard for medical ne- fense counsel worked in the interests of made a contention that the inde- cessity, generally accepted medical the defendant. pendent reviewer is not independent at principles, important operative proce- When you have a determination as to all. My reading of the provisions in S. dures. At this stage of the record, with- what the HMO ought to be doing, that 326 at page 177 set forth the qualified out that definition of the requirement, is something they ought to pay for. But entities as the reviewers and the des- as articulated in the Robb amendment, there ought to be a structure to guar- ignation of independent and external I thought that was improvement. antee objectivity by the decision- reviewer by the external appeals entity Now we are fencing. To say that the maker. which specifies independence. air is filled with politics in this Cham- Similarly, if I can amplify, if you I will not take the time now to read ber today would be a vast understate- have a Federal judge paid by the Fed- it. But that reference, I think, would ment. But in at least my effort to try eral Government, and the Federal Gov- establish the true independence of the to understand what is going on and to ernment is a party to the process, no- reviewer. make an informed judgment, I am pre- body would say that Federal judge is My principal purpose in seeking rec- pared to make a judgment for the Robb going to be biased toward the Federal ognition was to deal with the compari- amendment or the Kennedy amend- Government simply because the Fed- son of the standards for ‘‘medical ne- ment or the Schumer amendment con- eral Government pays his salary. cessity,’’ which is the core of the argu- trasted with the Nickles amendment or Mr. SCHUMER. Would the Senator ment at the present time. the Jeffords amendment. It requires a yield for a question? The pending amendment seeks to lot of analysis. Mr. SPECTER. I do. strike the language of the Kennedy But as I read these plans, I believe Mr. SCHUMER. If we could give these amendment, which defines medical ne- that Senator JEFFORDS, Senator FRIST, reviewers lifetime appointments and cessity as ‘‘medical necessity or appro- and Senator NICKLES are correct, that salary, I might agree with the analogy priate means with respect to a service when you take a look at the language of a federal judge. But, of course, these or benefit which is consistent with gen- they are substituting, it places a high- reviewers could be immediately—— Mr. SPECTER. The defense lawyers erally accepted principles of profes- er standard on the HMO, the managed do not have lifetime appointments. sional medical practice.’’ care operation, than does the provision in the Kennedy amendment which they Mr. SCHUMER. I understand. The language of the pending amend- The second question: On page 175, ment, which would be substituted, pro- are striking. Now I would be glad to yield to the this reviewer is selected by the HMO, vides for a standard of review as fol- Senator from New York on his time. whereas in our plan there is an inde- lows, at pages 179 and 180: Mr. SCHUMER. I thank the Senator pendent selection process. Again, I rely IN GENERAL.—An independent external re- for yielding. on the Senator’s much greater knowl- viewer shall— Mr. SPECTER. I am yielding for a edge of the law. If the reviewer were (I) make an independent determination question. based on the valid, relevant, scientific and not selected by the HMO, they would clinical evidence to determine the medical Mr. SCHUMER. I appreciate the Sen- obviously be more independent. That is necessity, appropriateness, experimental or ator searching to come up with the on page 175. investigational nature of the proposed treat- right solution here. I would ask him— Mr. SPECTER. If I may respond, on ment; and he is an excellent lawyer, far better page 177, the qualified entities are de- (ii) take into consideration appropriate than I am—on page 179 of the bill, (iv), fined, and they are the ones that make and available information, including any evi- says: the determination of the independent dence-based decision making or clinical receive only reasonable and customary reviewer. And a qualified entity is de- practice guidelines used by the group health compensation from the group health plan or fined to be: plan or health insurance issuer; timely evi- health insurance issuer in connection with (I) an independent external review entity dence or information submitted by the plan, the independent external review . .. issuer, patient or patient’s physician; the pa- licensed or accredited by a State; (II) a State agency established for the pur- tient’s medical record; expert consensus; and It seems to me—and I ask the Sen- pose of conducting independent external re- medical literature . . . ator the question—that the plan pro- posed in the substitute envisions the views; The accompanying report amplifies insurer paying the reviewer. That (III) any entity under contract with the ‘‘expert consensus’’ as ‘‘including both Federal Government to provide independent seems to me not to be an independent what is generally accepted medical external review services; review. (IV) any entity accredited as an inde- practice and recognized best practice’’ Mr. SPECTER. I ask the Senator, so that the language of the statute pendent external review entity by an accred- where are you reading from? iting body recognized by the Secretary for itself is more expansive in defining Mr. SCHUMER. This is S. 326, page such purpose; or ‘‘medical necessity.’’ The commentary 179. That is, as I understand it, the (V) any other entity meeting criteria es- goes on to include generally accepted exact language of the amendment of- tablished by the Secretary for purposes of medical practice and adds to it: the fered by the Senator from Vermont. this subparagraph. recognized best practice. Mr. SPECTER. Would the Senator re- I think that language answers the There is no doubt that in the articu- state the question? question of the Senator from New York lation of these competing provisions, Mr. SCHUMER. Yes. My question is, about independence and expertise. an effort is being made by one side of given that the amendment envisions Mr. SCHUMER. I ask the Senator, the aisle to top the other side of the the insurer paying the reviewer, as list- wouldn’t we be better in guaranteeing aisle. It is a little hard, candidly, to ed in little number (iv) on page 179, independence by having the selection follow the intricacies of these provi- how can we say the review in the Jef- of the review panel be made independ- sions because, as is our practice in the fords amendment is independent? ently of the HMO, given that the Senate, an amendment can be offered Mr. SPECTER. The fact that the in- HMO—I understand there are some cri- at any time, and to work through the surer pays the reviewer does not im- teria here, but if we are trying to get a sections and subsections is a very chal- pugn or impinge upon the reviewer’s truly independent process, it strikes lenging undertaking. objectivity when there are specific me that it would be a lot better to have Mr. SCHUMER. Would the Senator standards for the selection of the re- the selection be made truly independ- from Pennsylvania yield? viewer and specific standards that the ently, not by the HMO, which obvi- Mr. SPECTER. No, I will not, but I reviewer has to follow. ously has an interest, albeit, as the will yield in a minute. I will not now If I could use an analogy from a prac- Senator certainly recognizes and point- because I am right in the middle of my tice that I engaged in for a long time ed out, with a bunch of criteria. July 13, 1999 CONGRESSIONAL RECORD — SENATE S8351 Mr. SPECTER. Mr. President, if I that go to the very heart of this de- league from California—this review may respond, I don’t understand the bate. First, as my colleague from New process is meaningless so long as the question. The reason I don’t under- York pointed out, this review is not an reviewing body is bound by the defini- stand the question is that the speci- independent review. It is not an inde- tion of medical necessity contained fication of independence here is so pendent review by any definition of and written by the HMO. It is abso- comprehensive that it guarantees inde- independence. The reason is, No. 1, the lutely bound by the language of the pendence. health insurance company, the HMO, HMO. Mr. SCHUMER. I thank the Senator. chooses the entity which chooses the I will add, in committee—I see my Mr. KENNEDY. Mr. President, I yield reviewer. I want to be precise here. colleagues from Massachusetts and 8 minutes to the Senator from North That is exactly what the bill provides. Tennessee are here—Senator KENNEDY Carolina. The health insurance company chooses asked a question to Senator FRIST. The Mr. EDWARDS. Mr. President, if the an entity; that entity chooses the re- question was: Senator from Pennsylvania will re- viewer. So the health insurance com- Would the Senator accept language that spond to a question. pany has control over who ultimately mentions that the decision would be made Mr. SPECTER. I am glad to respond does the review. independent of the words of the contract? to a question at this time. No. 2, the only requirement with re- The question Senator KENNEDY posed Mr. EDWARDS. I am looking at page spect to financial independence or pro- 30 of the actual amendment that has was: Would you agree that in the ap- fessional independence is the require- peals process, the determination could been offered. Looking under subsection ment that I just read to the Senator (B)(ii), this is the designation of inde- be made without regard to the HMO- from Pennsylvania, that the reviewing written definition of medical neces- pendent external reviewer, which goes entity not have a financial or profes- to the very heart of whether the review sity? sional relationship with the very spe- Senator FRIST’s answer was: ‘‘No, is independent or, in fact, is not inde- cific case under review, which means pendent. In subsection (ii) it says there sir,’’ in the committee. So he would there is nothing to prohibit a reviewer, not concur to not be bound by the lan- is a requirement that the reviewer the so-called independent reviewing ‘‘not have any material, professional, guage in the HMO or health insurance body under their amendment, from contract. familial, or financial affiliation with being somebody who has a long- the case under review.’’ So there are two fundamental prob- standing, ongoing relationship with the lems, and they work in concert to be My question to the Senator is—and I health insurance company or with the would like to see the language in the devastating and to make this amend- HMO. ment devastating to the whole concept actual amendment, if he could point to Nobody in America, certainly none of of the Patients’ Bill of Rights. it—what is it that requires that the re- my colleagues in the Senate, would be- No. 1, there is no independent review. viewer not have an ongoing financial lieve that an independent review could The people are picked by the HMO, and relationship with the health insurance be conducted by somebody who has an they are allowed to have an ongoing fi- company or with the HMO, which ongoing contractual relationship and nancial relationship with the HMO. No. would in fact, as the Senator I am sure receives money from the health insur- 2, they are bound by an HMO-written would recognize, make them not inde- ance company. There is absolutely definition of medical necessity. That is pendent? nothing in this bill which prohibits the very heart of the amendment of my Mr. SPECTER. Well, I believe that that. That is why the Senator from colleague from California, because that is provided by the high level of New York and I have proposed an what this debate is ultimately about is independence specified in the preceding amendment that makes it very clear section (3)(A)(ii) which establishes the that there is a truly independent re- whether health care decisions are going independence of the qualified entity viewing body. That independence is to be made by medical professionals, which selects the independent re- critical and to the very heart of the re- doctors, or whether they are going to viewer. view process. It is why we need it. be made by insurance company bureau- Mr. EDWARDS. My question is, Can I notice both the junior and the sen- crats. you point to specific language in the ior Senators from Pennsylvania are on Mrs. FEINSTEIN. Will the Senator bill that requires that the reviewer, in the floor now. In Pennsylvania, these yield? order to be independent, not have an reviews are conducted by a State regu- The PRESIDING OFFICER. The Sen- ongoing financial relationship with the latory body. They are not conducted by ator’s 8 minutes have expired. health insurance company? some person chosen by an HMO or a Who yields time? Mr. SPECTER. Well, there is no sug- health insurance company. Second, in Mr. KENNEDY. Mr. President, I yield gestion that there would be that kind terms of what can be reviewed under 10 minutes to the Senator from Rhode of a relationship. The language which the State law of Pennsylvania, any Island. the Senator from North Carolina cited consumer grievance can be reviewed. It Mr. CHAFEE. I thank the Chair. takes care of one category of potential is not, as this bill is, limited to what First of all, it is with deep regret conflict of interest, that they will not constitutes medical necessity. that I find myself on the opposite side have any material, professional, famil- Third, under the law of the State of of an issue from my good friend, the ial, or financial affiliation with the Pennsylvania, the review is de novo, senior Senator from Vermont. case under review, the participant or which is absolutely not what this The question before us this afternoon beneficiary involved, the treating amendment provides. is medical necessity. I believe this health care professional, the institu- Let me go back and summarize where medical necessity provision is one of tion where the treatment would take we are. No. 1, we don’t have, under this the most widely misunderstood issues place, or the manufacturer of any drug, amendment, an independent review. We in this entire debate. device, procedure, or other therapy don’t have it for two fundamental rea- I think what we want to make clear proposed for the participant or bene- sons: No. 1, the health insurance com- is what we are not talking about this ficiary whose treatment is under re- pany, the HMO, is allowed to select the afternoon. We are not talking about view. body that picks the reviewer. No. 2, the erasing the gains managed care has If your question is, Would there be a reviewing body is allowed to have a made in bringing down costs. We are triple firewall if you also specify the longstanding professional or financial not talking about forcing plans to HMO? I would be inclined to have all relationship with the HMO that has de- cover unnecessary, outmoded, or harm- the firewalls I could, as I do when I nied the claim. There is absolutely ful practices. We are not talking about draft documents, as my distinguished nothing to prohibit that under this forcing plans to pay for any service or colleague did when he practiced law. bill. Our amendment, which will be treatment which is not already a cov- Mr. EDWARDS. I thank the Senator considered at a later time, would not ered benefit. This is absolutely not very much, and I reclaim the remain- allow that. So there is no independent about giving doctors a blank check. der of my time. review. What we are talking about is making Mr. President, there are two funda- The second problem is—and this goes sure that patients get what they pay mental problems with this amendment to the amendment offered by my col- for with their premium dollars. It is S8352 CONGRESSIONAL RECORD — SENATE July 13, 1999 about ensuring that an objective stand- in the Senate could be entirely mean- many insurance contracts today, why ard of what constitutes prudent med- ingless. hasn’t this already had the effect of ical care is used to guide physicians I have a chart here. This includes the preventing ‘‘best practice’’ medicine? and insurers in making treatment and actual medical necessity provision In other words, I don’t get the argu- coverage decisions. from an insurance contract in force ment that somehow you are not going This provision is about making sure today. I have eliminated the company’s to practice the best medicine because that an infant suffering from chronic name, but this tells the whole story. If you have to use what is medically nec- ear infections gets drainage tubes to a plan has the sole discretion to deter- essary. The fact is that this standard ameliorate his or her condition. It is mine what is medically necessary care, does not lock in the state of medical about making sure that a patient with it can ignore the doctor’s recommenda- practice today. Why do we make these a broken hip is not relegated to a tions, the patient’s medical record, and giant strides forward? Because we are wheelchair in perpetuity but, rather, any other evidence it cares to overlook not locked in, as has been suggested. given the hip replacement surgery that in making its determination. You will Second, it is suggested that adopting prudent medical practice dictates. see it here. Here is the name of the this standard is tantamount to giving Although some would have us believe company. That company will have the doctors a blank check and will force that ‘‘medical necessity’’ would undo sole discretion to determine whether plans to cover a whole array of services managed care by giving doctors the the care is medically necessary. The which are not covered benefits, such as power to dictate what treatments and fact that the care has been rec- aromatherapy. services insurers must cover, this isn’t ommended, provided, described, or ap- The plain fact is, if a plan excludes accurate. The real issue is, how will proved by a physician or other provider aromatherapy, or any other service, questions of coverage and treatment be will not establish that care is medi- that is the end of the story. It excludes decided? cally necessary. In other words, talk it. It is out. There is no fuss after that. S. 1344—a bipartisan bill that I have about putting the fox in charge of the If it is written in there, it is out. A pa- had the privilege of introducing earlier chicken coop. This is it. Here we have tient would have no basis for an exter- this year with Senators GRAHAM, the company deciding whether care is nal appeal in a case where a denied LIEBERMAN, SPECTER, BAUCUS, ROBB, medically necessary, and they have the service was clearly excluded. and BAYH—would codify the profes- final decision. In summary, I urge colleagues not to sional standard of medical necessity. Let me give you a real world example be swayed by the health insurance in- As defined, medically necessary serv- of what can happen when a plan has an dustry. Both Democrats and Repub- ices are those ‘‘services or benefits imprudent definition of medical neces- licans alike acknowledge the need for which are consistent with generally ac- sity. A child named Ethan Bedrick was an external appeals process. But make cepted principles of professional med- born with cerebral palsy and needed no mistake about it, without a provi- ical practice.’’ This means the care physical therapy to maintain some de- sion to ensure that plans are held to an that a prudent practitioner would give. gree of mobility. The insurer paid for objective standard of professional med- The medical necessity standard is a the physical therapy for a while but ical practice, legislation giving pa- well-settled principle of legal jurispru- one day cut off payment for the serv- tients access to the external process dence which has been used by the ices—which, by the way, were covered will be ineffective. courts to adjudicate health law cases as an unlimited benefit under the I thank the Chair and the managers for nearly a century. plan’s contract. The child’s doctor of the legislation. Many insurance contracts in force thought the care was medically nec- The PRESIDING OFFICER. Who today contain some version of this essary to prevent further deterioration yields time? standard. In fact, remarkably similar in Ethan’s condition, and physical Mr. FRIST. Mr. President, I yield language is found in contracts written therapy is routinely provided to pa- myself 5 minutes, and then I will yield by Prudential and Blue Cross and Blue tients with cerebral palsy. 5 minutes to the Senator from Maine. Shield, to name a few. The contractual When the plan was questioned in My amendment is pending. I will re- definition of medical necessity from a court as to why the care had been de- view where we are today. My amend- Blue Cross contract is care which is nied, the response was given that it ment does two things. No. 1, it strikes ‘‘. . . consistent with standards of good was not medically necessary because, certain provisions that we believe will medical practice in the U.S.’’ under the plan’s definition, medically be harmful to the quality of health One of the reasons managed care necessary care is that which will re- care, and it goes back to medical ne- plans are so adamantly opposed to put- store a person to ‘‘full normalcy.’’ cessity and defining medical necessity ting this standard into the law is that Well, this child has cerebral palsy and in Federal statute. We will come back some in the industry are beginning to he is not going to be restored to full and talk about that. My colleagues will move in a very troubling direction, normalcy. talk further about that shortly. We away from this standard. Here is how If we do not include an objective also strike certain provisions that will an insurance regulator in the State of standard of medical necessity in this increase cost and ultimately reduce ac- Missouri explained this very alarming legislation, insurers will be able to bait cess to health insurance coverage. trend: and switch when it comes to the deliv- Again, people have heard me again and Increasingly, insurance regulators in my ery of services, just as they tried to do again going back to the patients. We State are finding that insurers are writing with Ethan Bedrick. can simply not do anything. I believe it ‘‘sole discretion’’ clauses into their con- The professional objective standard— diminishes quality and at the same tracts—meaning that it is solely up to the and not an insurer’s practice guidelines time diminishes access to make our- insurer to determine whether treatment is medically necessary. Therefore, without an or opinions—should be used to deter- selves feel good. objective standard of what constitutes medi- mine if care is medically necessary. Now, what we have done, we struck cally necessary care, and a requirement that Without the objective standard, what that and we replaced that part of the treatment and coverage decisions are sup- measure would an appeals body use to bill—the accountability provisions, the ported by credible medical evidence, any ex- determine whether a treatment or cov- provisions on internal appeal, on exter- ternal appeals process is meaningless. erage decision was accurate or appro- nal appeal, the issues we have been If an insurance contract gives the priate? Let me deal with two argu- talking about in the last 15 or 20 min- plan sole discretion to determine what ments used by those against this med- utes—although there is a lot of mis- constitutes medically necessary care, ical necessity provision. conception that we need to straighten an external review panel’s hands are First, they say it will prevent ‘‘best out before we actually vote on this bill, tied; it will have no choice but to en- practices’’ and will force plans to prac- because the internal appeals process force the terms of the contract, even if tice substandard care. I have trouble and external appeals process, which in the coverage decision in question is with that. Since the professional stand- many ways are the heart of the Pa- completely irresponsible. Thus, if we ard of medical necessity has been the tients’ Bill of Rights bill, are impor- don’t codify the professional standard, standard used by the courts for over a tant to ensure that patients do get the any external review provision we pass hundred years and it is a feature of medical care they need and ensure that July 13, 1999 CONGRESSIONAL RECORD — SENATE S8353 ultimately it is physicians, not trial the third party entity—not the plan Which of these is the prudent physi- lawyers, not bureaucrats, who make itself but this third party entity regu- cian? Which of these 82 different treat- the coverage decisions regarding med- lated by the Federal Government, ments is the generally accepted prin- ical necessity. That is what this State government, or signed off for by ciple of medical practice as provided by amendment is all about. I want to steer the Secretary of Health and Human the Kennedy bill? The Kennedy bill the discussion right there. Services. This independence from plan would require health plans to cover all To simplify things, so we will know to entity has to be unbiased. That is 82 different treatments without any how the process works, if you are a No. 1, to assure independence. thought being given to what is the best doctor and you are a patient, and you No. 2, the entity is regulated by the treatment, what is the most effective say that a particular procedure should Federal Government or the State gov- treatment, what is the newest treat- be covered, and your plan for some rea- ernment or the Secretary of Health and ment based on the latest in medical re- son says no, well, you need an appeals Human Services. search. process if that is what you really be- No. 3, it is written in the bill that Even if something is consistent with lieve is appropriate to get that sort of that entity does the appointment of generally accepted principles and pro- care. What you do under our bill is go the independent medical specialist who fessional practice, it may not nec- to an internal appeals process and makes the final decision. essarily be the medically best treat- work through. That is something in the What information does that medical ment for that patient. Dr. Jack managed care network. It might be specialist use to make the final deci- Wennberg is Dartmouth’s premier ex- going to another physician within the sion? We don’t limit the information. pert in studying quality and medical network. It is a process that has to be In fact, we encourage them to consider outcomes. He testified before our com- set up by each and every managed care all information. It is very specifically mittee recently that medical necessity plan. That is what we call an internal written in the bill that the ‘‘inde- in one community is unnecessary care appeals process. pendent medical specialist will make in another. The bill on the other side of the aisle an independent determination based on Let me give an example from my also had an internal appeals process. If the valid relevant scientific and clin- home State of Maine. The Maine Med- the doctor and patient and the man- ical evidence to determine the medical ical Assessment Foundation conducts aged care internally could not come to necessity, appropriateness, experi- peer review and studies area variations an agreement after going through a mental or investigational nature of the in practice patterns in an effort to specified process, at that point the doc- proposed treatment.’’ They will take identify cases in which too many pro- tor and patient can go outside the plan. into consideration ‘‘all appropriate and cedures being performed, unnecessarily This is where the accountability is so available information, including any putting patients at risk. They did a evidence-based decisionmaking or clin- important: Should my plan cover what study that showed that physicians in ical practice guidelines.’’ is medically necessary and appro- one city in Maine were performing a The point is this external review per- priate? Outside the external appeals son is independent and separate from disproportionately high rate of process is where much of the discussion the entity and separate from the HMO. hysterectomies. They counseled the has taken place. I yield 5 minutes to the Senator from physicians in that city and were able Our bill has that final decision of Maine. to lower the rate, thus saving women whether or not something is covered, Ms. COLLINS. First, I commend the from being exposed to unnecessary whether or not it is medically nec- Senator from Tennessee for his very risks of surgery. essary or appropriate, made by a med- lucid explanation clearing up a lot of I ask my friends on the other side of ical specialist—these are words actu- the misinformation about what is in the aisle, wasn’t that review appro- ally in the bill—independent medical the Republican package with regard to priate? Wasn’t that review necessary? specialist, physician making the final the independent, impartial, unbiased Wasn’t that review a good idea to save decision, not some bureaucrat, not external review. these women from undergoing unneces- some health care plan, not some trial This is a very complicated issue. On sary hysterectomies? lawyer. An independent medical spe- the surface, the Kennedy bill appears Let me give some other examples. cialist is making the final decision in to have a great deal of appeal. It The Centers for Disease Control esti- this external process. sounds so simple. It reminds me of that mates that physicians performed Mr. President, 20 minutes ago we had expression by H.L. Mencken when he 349,000 unnecessary C sections in 1991. discussed that the external reviewer said that for every complicated prob- Again, these women were placed at risk has to be independent—it is written lem there is a solution that is simple, for unnecessary surgery. Isn’t it a good into the bill that way—has to be a easy, and invariably wrong. idea to question in some of these cases medical person from the same field, a That fits the Kennedy bill on medical the decision of the physician to order specialist, if necessary. Are they part necessity. this unnecessary surgery? of the Health Maintenance Organiza- Physicians clearly must play a cen- Let me give yet another example. De- tion? Does the Health Maintenance Or- tral role in care decisions. No one dis- spite solid evidence that women who ganization actually hire that person to putes or wants to minimize the critical undergo breast-sparing surgery fol- make a decision? role of treating physicians in the proc- lowed by chemotherapy or radiation We have not talked about what our ess of determining what is medically and women who undergo total bill does. Our bill says in this external appropriate and necessary care. How- mastectomies have similar survival review process there has to be a des- ever, the very same patient can go to rates, regional preferences—as opposed ignated entity. Nobody has talked different physicians, be told different to medical necessity—still prevail in about that today. Words such as ‘‘unbi- things, and receive markedly different determining treatment. ased, external entity’’ are in the bill. care. There was a recent article in the New This unbiased entity is regulated by ei- This chart illustrates the problem. York Times which showed that the ther the Secretary of Health and The Washington Family Physicians rate of mastectomies was 35 times Human Services in Washington, DC, by Collaborative Research Network stud- higher for Medicare patients in one re- the Federal Government, or by the ied how physicians treat bladder infec- gion of the country than in another. State government. They regulate that tions for adult women. This is the sec- According to another study at Dart- entity, not the plan itself. ond most common problem seen in a mouth, women in Rapid City, SD, were What about the independent re- physician’s office. Mr. President, 137 33 times less likely to have breast-spar- viewer? Where do they come from? The treating physicians were asked to de- ing surgery than women in a similar impression which I have heard again scribe their treatment recommenda- city in Ohio. and again is the independent reviewer tions for a 30-year-old woman with a 1- Yet another example involves chil- has ties to the medical care plan and day history of the infection and an un- dren. Today, treatment for frequent will give a biased view. No; the inde- complicated urinary tract infection. ear infections includes the implanta- pendent medical specialist making the They responded with 82 different treat- tion of tubes. I have a nephew who had binding final decision is appointed by ment options. this procedure, and I am sure many of S8354 CONGRESSIONAL RECORD — SENATE July 13, 1999 my colleagues have children who have Mr. NICKLES. Mr. President, that the child. But there was a less costly gone through this as well. In fact, al- means there is about 20 minutes re- procedure that could be used, so the most 700,000 children in the United maining. Just for the information of care was denied. Throughout the ap- States have had this procedure. Ac- our colleagues, I think they can expect peals process, the determination of cording to a 1994 study published in the a rollcall vote on this and subsequent whether it ought to be reversed or not Journal of the American Medical Asso- amendments to begin at about 6:45. So would be based on what is the least ciation, however, this treatment is in- those offices should notify their Sen- costly, because it is totally controlled appropriate for more than a quarter of ators to expect rollcall votes beginning by the definition written by the HMO. these children. about 6:45. In the language the Senator from The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Who California has just read to me, where it ator has used her time. yields time? says it shall be within the ‘‘sole discre- Mr. FRIST. Mr. President, I yield an Mr. KENNEDY. Mr. President, I yield tion,’’ what that ultimately means is additional 3 minutes. 5 minutes to the Senator from Cali- whatever appealing body is deciding, The PRESIDING OFFICER. The Sen- fornia. which is bound by that definition, ator from Maine is recognized for an The PRESIDING OFFICER. The Sen- which they are by this amendment—if additional 3 minutes. ator from California is recognized for 5 they are bound by that definition, Ms. COLLINS. In another 41 percent minutes. every appealing body would be left of the cases reviewed, the clinical indi- Mrs. FEINSTEIN. Mr. President, if with no alternative but to affirm the cations for having the tubes implanted this definition, the definitions we have decision because the contract says it is were inconclusive at best. A 1997 study showed that only 21 per- been debating on what is medical ne- left within the sole discretion of the cent of elderly patients were treated cessity—if the Republican definitions HMO. with beta blockers after a heart at- were supported by medical organiza- It goes to the very heart of the Sen- tack, despite evidence that mortality tions, I might think they are pretty ator’s amendment. It goes to the very rates are 75 percent higher for those good. But there is virtually no physi- heart of this debate. The whole ques- not receiving treatment. cian-oriented organization anywhere in tion is, Are health insurance bureau- I would note, in contrast, that HMO the United States that I know of that crats going to make health care deci- members in plans that submit data to supports this particular definition of sions or are health care decisions going the National Committee on Quality As- medical necessity. Every single one of to be made by doctors and health care professionals? surance are 21⁄2 times more likely than them supports the definition in the members of fee-for-service plans to re- Daschle bill. Mrs. FEINSTEIN. I just read the lan- ceive beta blockers. I think the Senator from Rhode Is- guage. There is no language in this I could go on and on and on. Perhaps land and the Senator from North Caro- that says the independent reviewer, the President’s own commission said it lina spoke eloquently as to why. Since even in a case of life or death, would best. It concluded that excessive proce- the Senator from North Carolina re- necessarily see the patient. dures—procedures that lack scientific mains on the floor, I would like to ask Mr. EDWARDS. That is absolutely justification—could account for as him this question. The Senator from correct. There is nothing that requires much as 30 percent of our Nation’s Rhode Island read the definition from a the independent reviewer to see the pa- medical bills. particular insurer. Let me reread it: tient. You could have some doctor who Not to mention posing unnecessary [This company] will have the sole discre- is nothing but a bureaucrat, who has risks as well as pain an suffering for tion to determine whether care is medically not seen the patient, does not know those who undergo these unnecessary necessary. The fact that care has been rec- what the patient needs, making the de- procedures. ommended, provided, prescribed or approved cision. As we can see by these examples and by a physician or other provider will not es- If I could add one thing, another countless more, there may well be tablish that the care is medically necessary. problem with this so-called inde- valid, indeed, very worthwhile. In fact, Then, in view of that, if you read on pendent review process is the HMO, the there may be very good reasons for the the top of page 180, in the bill, which health insurance company, are the health plan, in some cases, to suggest sets out the guidelines for the standard ones that are determining. Remember, an alternative treatment to the one of review for the independent reviewer, they choose this entity that chooses the treating physician has initially se- at the top of the page and the bottom the reviewer. They determine who is lected. It may be far better for the pa- of page 179: biased or unbiased. tient than the initial recommendation The independent reviewer will take into Mrs. FEINSTEIN. And the entity of his or her physician. These examples consideration appropriate and available in- pays the reviewer as well. show that, even if something is con- formation including any evidence-based deci- Mr. EDWARDS. They pay the re- sistent with generally accepted prin- sionmaking or clinical practice guidelines viewer. We have said it now five dif- used by the group health plan or insurance ferent times, but talk about putting ciples of professional medical practice, issuer. it is not necessarily appropriate high the fox in charge of the chicken coop. quality care. That should be our goal. How would an independent reviewer What we need to be doing is to have Our goal should be to put the patient make a decision? some truly independent body making first and to provide the best quality Mr. EDWARDS. Under the definition these determinations. They need to be care to that patient. the Senator has just read—and I might able to make the determination based The Republican bill deals with the point out the appeals process that is upon what the patient, in my example issue of medical necessity through a contained in this amendment is com- the child, really needs, based on what strong, independent, external appeals pletely controlled by the HMO or the doctor says the child needs. process. That is the way to deal with health insurance company’s definition Mr. NICKLES. Will the Senator disputes about medical coverage. A of medical necessity. Throughout the yield? Federal statutory definition of medical process it is totally controlled by it. Mr. EDWARDS. No, I will not. necessity is unwarranted and unwise. Mrs. FEINSTEIN. Then if I under- It is not based on what some insur- I yield the floor, and I reserve the re- stand you correctly, if an insurer had ance company has written into a HMO mainder of our time. in its plan that they will use the least or health insurance contract. The PRESIDING OFFICER. Who costly alternative available, the inde- Mrs. FEINSTEIN. So, in other yields time? The Senator from Okla- pendent reviewer would have to find for words—— homa. the least costly alternative? Mr. NICKLES. Mr. President, regular Mr. NICKLES. Mr. President, how Mr. EDWARDS. That is absolutely order. much time remains on both sides? correct. Mrs. FEINSTEIN. I believe I have the The PRESIDING OFFICER. The Sen- Let’s suppose we had a young child floor, Mr. President. ator has 5 minutes 30 seconds; the Sen- who needed a particular kind of care Mr. NICKLES. Parliamentary in- ator from Massachusetts has 13 min- and every physician who had treated quiry. Aren’t Senators supposed to go utes 30 seconds. that child recommended the care for through the Chair? July 13, 1999 CONGRESSIONAL RECORD — SENATE S8355 Mr. KENNEDY. Regular order. Sen- plan would have the ultimate say on I often use on the floor. But to be rail- ators are permitted to inquire and ask how medical necessity is defined. ing against the Republican plan, not questions. That is the regular order, Mr. EDWARDS. The Senator is cor- stating the facts, and then say, oh, by Mr. President. I insist on the regular rect, and the patient would be stuck the way; oh, the Democrat plan, the order, not the interruption of the Sen- with that decision initially by the plan selects the entities as well, I just ator from North Carolina. Whose time HMO and would be stuck with it find it to be very inconsistent. is this on, Mr. President? throughout the entire appeals process I urge my colleagues to see that in Mr. NICKLES. The Senator from and would have absolutely—it goes to the Republican plan, the proposal we North Carolina—— the very heart of this debate: Do we have before us, we say the plans select The PRESIDING OFFICER. The time want health insurance companies de- the entity, and the entity is a qualified right now, at this point, is not being ciding what is medically necessary, or entity if it is an independent external charged. The Senator from California do we want health care providers, doc- reviewer and credentialed by the State had 5 minutes that she was controlling tors, and patients making the deci- or a State agency established for the after it was allotted by the Senator sions? purpose of conducting the external re- from Massachusetts. Mrs. FEINSTEIN. Who have seen the view, or it is an entity under contract Mr. KENNEDY. Parliamentary in- patient. with the Federal Government, or it is quiry. Can the Senator be inquired of Mr. EDWARDS. Absolutely, doctors an entity accredited as an independent by a Member of the Senate and answer who have seen the patients. We believe external review entity by an accred- a question? doctors ought to make the decisions. iting body recognized by the Secretary The PRESIDING OFFICER. The Mrs. FEINSTEIN. I thank the Sen- of HHS. questions are most appropriately ad- ator very much. This has been a helpful I just mention that. It is important dressed through the Chair. clarification. I yield the floor. we be consistent and that people under- Mr. KENNEDY. But the Senator is The PRESIDING OFFICER. Who stand on both sides, the Democrat pro- entitled, the Senator from North Caro- yields time? posal selects an entity very similar to lina, to inquire of the Senator from Mr. NICKLES. Mr. President, I yield that of the Republican proposal. California, is he not? myself 5 minutes on the bill. I yield the floor. Mrs. FEINSTEIN. Or vice versa. The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Who The PRESIDING OFFICER. If he ator from Oklahoma is recognized for 5 yields time? does so through the Chair. minutes on the bill. Mr. KENNEDY. I yield 1 minute to Mr. KENNEDY. I thank the Chair. Mr. NICKLES. Mr. President, I was the Senator from California and then 1 Mrs. FEINSTEIN. I inquire of the trying to make sure our colleagues un- minute to the Senator from North Senator from North Carolina, through derstand the procedure in the Senate. Carolina. the Chair, if I were a woman suffering When you have colloquies, you go Mrs. FEINSTEIN. Mr. President, I from ovarian cancer and I have this through the Chair. I have noticed some must respond to the Senator from policy that I read from, and my physi- colloquies on this side have bypassed Oklahoma because he mischaracterizes cian said there is a small chance a bone the Chair. Some colloquies on that side the Democratic plan. His statement marrow transplant might help you—— have bypassed the Chair. That is not might be correct if it were taken in an The PRESIDING OFFICER. The time the rule of the Senate. It is important isolated sense. But if you take it with of the Senator has expired. we have discussions according to the the medical necessity definitions on Mr. KENNEDY. I yield an additional rules of the Senate. That is the way we page 85 of the Democratic plan, you 3 minutes. should do it. That way, we do not will see that ‘‘a group health plan and Mrs. FEINSTEIN. But there is a freeze out other colleagues who want a health insurer, in connection with a small chance a bone marrow transplant to participate in colloquies. I was not provision of health insurance coverage, might help you, I would advise that trying to get under my colleagues’ may not arbitrarily interfere with or you have it, and if the health plan with skin. It is important we follow the alter the decision of the treating physi- this language turned it down, I would rules of the Senate. cian regarding the manner or setting in have no opportunity to have that bone I want to point out that a couple of which particular services are delivered marrow transplant? the statements made by our colleagues if the services are medically necessary Mr. EDWARDS. You would have ab- are actually very inaccurate. Actually or appropriate for treatment.’’ solutely no opportunity and no oppor- who pays for the plans and entities are Then it goes on to define medical ne- tunity to have the decision reversed. I very similar in both bills. Under the cessity as a service or benefit which is might add, there is a double whammy Democrat bill, S. 6, on page 66: A plan consistent with generally accepted in this amendment. The double wham- or insurer shall be conducted under principles of professional medical prac- my is that the only thing that can be contract between the plan or insurer in tice. It does not give the plan the op- appealed is the determination of what one or more qualified external appeals portunity in its fine print to throw out is medically necessary, and what is entities. medical necessity. medically necessary, under the lan- That is page 66. The PRESIDING OFFICER. The Sen- guage of their bill is—and I am reading Under the Republican bill, it is the ator’s time has expired. now from the bill—‘‘when medically same thing, the plan selects the entity. Mr. KENNEDY. I yield the Senator 2 necessary and appropriate under the They do not select the person who does minutes. terms and conditions of the plan,’’ the review, they select the entity. The The PRESIDING OFFICER. The Sen- which is what the HMO and the health entity is licensed by the State, or it is ator from North Carolina is recognized insurance company’s contract says. a State agency established for that for 2 minutes. People are getting whammied twice: purpose, or it is an entity with a con- Mr. EDWARDS. Mr. President, I say No. 1, you cannot appeal but one thing, tract with the Federal Government and respectfully in response to my col- which is: Is it medically necessary? No. they have the reviewers. league from Oklahoma that there are 2, that determination is based on what My point is, both the Democrat plan two things about which I fundamen- the health insurance company or the and the Republican plan select the en- tally disagree with him. No. 1, under HMO wrote into the plan. tities. They are the same. For them to our proposal, the State—totally inde- Mrs. FEINSTEIN. In other words, if I say, oh, the Republican plan selects the pendent—chooses the reviewing body. may, through the Chair, if this amend- reviewer is false. The Democrat plan, If my colleagues are really looking for ment were to be adopted, every en- as well as the Republican plan pay for an independent review, I ask them rollee of an HMO plan would have to the entities, they select the entities, whether they would agree to allow the read the fine print very carefully, be- and the entities themselves are inde- State to choose the reviewing body in- cause all an HMO would have to do is pendent, and the entities select the in- stead of the health insurance company, put in a disclaimer, either medical ne- dividual reviewer. instead of the HMO choosing the entity cessity based on least cost or medical There is a little—I do not want to use that chooses the reviewing body. I can- necessity based on the fact that the the word ‘‘hypocrisy’’; it is not a word not imagine how they would disagree S8356 CONGRESSIONAL RECORD — SENATE July 13, 1999 with that if they are looking for a The language on the preceding page Mr. FRIST. I yield another 30 seconds truly independent review. requires that the independent external to the Senator from New Hampshire. Secondly, the entire issue revolves review entity be designated by the Mr. GREGG. I am reading from S. 6. around what is medical necessity. I say State. That is, if I am reading the lan- That is the bill that was laid down. to my colleagues, would they agree to guage correctly, contained on the pre- That is the bill we are debating. change the language of this amend- ceding page. That is designated by the The PRESIDING OFFICER. Who ment so that the initial decision and State. In fact, we say—this is at page yields time? every appeals decision of the appeals 11, I say to the Senator—that ‘‘No Mr. FRIST. I yield 41⁄2 minutes to the deciding body is not bound by the defi- party to the dispute shall be permitted Senator from Wyoming. nition of ‘‘medical necessity’’ con- to select the entity conducting the re- The PRESIDING OFFICER. There tained in the insurance written con- view.’’ are only 3 minutes 50 seconds remain- tract? Because so long as the appeals So there are two things operating, I ing on the majority side. The Senator process is controlled by what the HMO think, in combination in our bill. No. 1, from Wyoming is recognized for that wrote, what the health insurance com- the State has to designate an inde- time. pany wrote at the beginning and all the pendent body, and, No. 2, we specifi- Mr. ENZI. Mr. President, I rise in way through the process, the patient cally require that no party to the dis- strong support of improved, reliable does not have a chance. They will pute be involved in designating the re- quality care for all Americans. To that never have a chance. My question is to viewing entity. end, I am pleased to join my colleagues my colleagues—— I might add to that, I think it is also in debating the dangerous concept of Mr. GREGG. Will the Senator yield? critically important who determines putting into law a definition of medical Mr. EDWARDS. I will give the Sen- what is medically necessary and what necessity. ator an opportunity to respond. My the appeal decision body is bound by in The minority argues that putting a question is whether they will agree, terms of what is medically necessary definition of medical necessity into the No. 1, with the State choosing a truly because I think all of this becomes law would assure health care providers independent reviewing body, and, No. 2, meaningless if they are bound by what absolute autonomy in making all whether they will agree that the re- the HMO or health insurance company treatment decisions for their patients. viewing body is not bound by a defini- wrote. They say that is exactly what they tion written by the health insurance or The PRESIDING OFFICER. The time want. It is their prescription for high HMO company. has expired. quality health care. Mr. GREGG. Will the Senator yield I yield for a question. Well then, when asked what patients The PRESIDING OFFICER. The Sen- me another 30 seconds? Mr. FRIST. How much time do we and providers would use as a guide for ator’s time has expired. the choice of treatment options and de- Who yields time? have? The PRESIDING OFFICER. Four livery of care, particularly in such a Mr. GREGG. We have no time. dynamic and constantly innovating Mr. FRIST. We have 5 minutes. minutes 20 seconds. The minority has 4 minutes. field such as health care, the minority Mr. KENNEDY. I yield 1 minute to relies squarely on ‘‘generally accepted the Senator for a question. Mr. FRIST. I yield 30 seconds to the Senator. medical practice.’’ Mr. GREGG. I appreciate that. The Democrat plan is a trial lawyer’s Mr. KENNEDY. Does the Senator Mr. GREGG. I, therefore, take it in dream. ‘‘Generally accepted medical still have time left? the Kennedy plan, when it says, ‘‘the practice’’ is lawsuit bait. But I can tell The PRESIDING OFFICER. The ma- plan or issuer may select among such you that with the Democrat plan jority side controls 5 minutes 20 sec- qualified entities,’’ that that language ‘‘medical necessity’’ would be abso- onds, the minority side, 5 minutes 4 is not operative, that that does not lutely necessary because it is the only seconds. exist, that that language is a non- Mr. GREGG. Mr. President, I have a factor. way to bridge the bureaucracy. question for the Senator from North Let’s get serious. This is what your This is the bill we are looking at Carolina which is in reference to the bill says. It says the plans can be se- from the Democrats. Who can follow Kennedy bill, section 133, subsection lected from the qualified entities. You the lines? Each one of those lines rep- can pick two or three plans, that the (1)(ii), on page 67: resent a lawsuit trap. This is lawsuit States have chosen to qualify two or bait. If an applicable authority permits— three plans, and the people pick the Unfortunately, for patients, ‘‘gen- That will be the State authority— plans. So you are totally inconsistent erally accepted medical practice’’ is more than one entity to qualify as a quali- with your argument. the strict application of medical opin- fied external appeals entity with respect to a Mr. EDWARDS. May I respond? ion versus the combination of your group health plan or health insurer issuer, The PRESIDING OFFICER. Who doctor’s good judgment or opinion and then the plan or issuer may select among yields time? such qualified entities the applicable plan. the prevailing evidence-based practice Mr. KENNEDY. I yield the Senator 30 of medicine. The minority approach So basically if the State picks two or seconds. three different reviewers, under your turns its back on the scientific founda- The PRESIDING OFFICER. The Sen- tion of medicine. But what other solid plan, then the plan gets to choose; isn’t ator from North Carolina is recognized that correct? ground is there upon which we could for 30 seconds. build greater quality into our health Mr. FRIST. Whose time is this on? Mr. EDWARDS. There is a very sim- care system? The PRESIDING OFFICER. On the ple, straightforward answer to the The minority, for the first time in majority side. question. I understand the Senator is Federal law, wants to carve this varia- Mr. FRIST. I yield another 30 sec- reading the old bill. He is not reading bility into law, and that law will be fol- onds. the bill that is presently before the lowed by rule and regulation—more Mr. GREGG. So there is an option Senate. under your proposal where plans would The PRESIDING OFFICER. Who lawsuit bait. This is a Federal one-size- have a choice because that is what the yields time? fits-all budget-busting bureaucracy language says? Mr. FRIST. Mr. President, I yield 41⁄2 with lots of lawsuit bait and difficulty The PRESIDING OFFICER. Who minutes—how much time is remaining? in following the whole process. yields time? The PRESIDING OFFICER. The ma- Let me share with my colleagues the Mr. EDWARDS. Am I allowed to re- jority side controls 4 minutes on the language from the minority bill. Under spond? amendment. the subtitle of ‘‘Promoting Good Med- Mr. KENNEDY. I yield the Senator 1 Mr. FRIST. Mr. President, I yield the ical Practice,’’—a good title—lies a minute. remaining time to the Senator from provision which, in my estimation, The PRESIDING OFFICER. The Sen- Wyoming. would have the exact opposite effect. ator is recognized for 1 minute. Mr. GREGG. Would the Senator yield The bill reads: Mr. EDWARDS. My response is very me 10 seconds? Because a misstatement A group health plan, and a health insur- simple. was made. ance issuer in connection with the provision July 13, 1999 CONGRESSIONAL RECORD — SENATE S8357 of health insurance coverage, may not arbi- necessity? Remember, the minority Our bill takes a look at what we need trarily interfere with or alter the decision of want us, for the first time, to carve to preserve and what we need to im- the treating physician regarding the manner this variability into law. The law will prove upon, and offers a responsible so- or setting in which particular services are delivered if the services are medically nec- be followed by rule and regulation. lution to enhancing quality and ensur- essary or appropriate for treatment or diag- Does this mean that for health plans ing access. nosis to the extent that such treatment or that have beneficiaries in Wyoming Our bill will provide patients and diagnosis is otherwise a covered benefit. and in New York that what might be their doctors with a new, iron clad sup- Now, let me loop through the rest of determined a medically appropriate port system that will insure access to their proposal to demonstrate how treatment for a New Yorker would be medically necessary care. An inde- they essentially ‘‘ban’’ the use of trust- deemed medically inappropriate for a pendent, external appeals process will worthy science and evidence-based patient in Wyoming? be available for patients whose plan medicine. At the end of the same sub- This variation is comprehensive, has initially denied a treatment re- title, we are offered a definition of going beyond hospital lengths-of-stay, quest that the patient and doctor have medical necessity or appropriateness. from the use of drug therapies to sur- decided is necessary. In other words, It reads, ‘‘medically necessary or ap- gical practices. One of the most dis- our bill gets patients the right treat- propriate means, with respect to a heartening and horrifying statistic is ment, right away. And it’s based on the service or benefit, a service or benefit regarding women with breast cancer. independent decision of a medical pro- which is consistent with generally ac- Despite the solid evidence that women fessional who is expert in the patient’s cepted principles of professional med- who undergo breast-sparing surgery health care needs. In rendering a deci- ical practice.’’ followed by chemotherapy or radiation sion on the medical necessity of the To recap the minority policy pro- and women who undergo radical treatment request, the expert review posal, they’ve suggested that doctors mastectomies have similar survival will consider the patient’s medical make decisions about their patients rates, it is regional preferences, that is, record, evidence offered by the pa- based just on opinion, and that health the general practices of a region, that tient’s doctor and any other documents plans would, by law, have to cover any still prevail in determining a woman’s introduced during the internal review. and every treatment opinion prescribed course of treatment. In 1996, women This covers the ‘‘generally accepted by providers. The minority may argue with breast cancer in Rapid City, SD that their proposal limits what plans practice’’ standard that the minority were 33 times less likely to have offers as a singular solution. must pay for to the terms of the con- breast-sparing surgery than women in tract. However, their plan requires Our bill goes further, capturing the Elyria, OH. How can anybody look at other half of good quality health care, plans to cover all treatments deemed these variations and view them as the medically necessary, so this provision which is the evidence-based medicine only answer to good medicine? rooted in science that I spoke about would, in fact, encompass the universe These inconsistencies in the medical earlier. We would require the expert re- of health care, heedless of quality and care Americans receive are something viewer to also consider expert con- contract alike. we all need to address; that includes It’s my opinion, and a major thrust sensus and peer-reviewed literature and health plans and doctors, and our- of the Republican bill, that we should evidence-based medical practices. Let selves. Make no mistake about our po- be doing everything we can to help me say that again; evidence-based med- tential as Congress to derail the efforts health care providers in their efforts to icine, not the varied, town-by-town, at quality improvement in American’s provide the highest possible quality of tried but not necessarily true, general health care if we’re not very careful care to patients. The minority tells practice of medicine. and very thoughtful about what it is doctors, who are now busier than ever Because we feel so strongly about and doing their best to stay atop the we’re doing here today. On a positive note, we are seeing preserving the trusted relationship be- innovations in medicine, that ‘‘it’s all tween doctors and patients by pro- on you.’’ signs of improvement when it comes to doctors and health plans working to- viding them with the best evidence- Mr. President, since there has been based medicine in making treatment an effort to infuse real life examples gether to improve the consistency and overall quality of health care. For ex- decisions, we’ve included another into this debate, it might be helpful for lynchpin in our bill. We establish the all of the health care consumers at ample, according to a 1997 Quality Compass report by the National Com- Agency for Healthcare Research and home if we talk about how medical Quality, whose purpose it is to foster science versus ‘‘generally accepted mittee on Quality Assurance, over 50 percent of elderly heart attack pa- overall improvement in health care practices’’ actually translates into real quality, firmly bridging the gap be- life. In the following examples, you’ll tients in HMOs that submitted data tween what we know about good medi- begin to understand that ‘‘generally were treated with beta blockers, which cine and what we actually do in health accepted practices’’ vary from town to can reduce mortality rates by 75 per- care today. The Agency is built on the town, and the gap gets wider from cent in those patients. In the same platform of the current Agency for state to state. This basically means year, patients in regular fee-for-service Health Care Policy and Research, but that the quality of your health care plans received beta blocker only 21 per- is refocused and enhanced to become may depend more on where you live cent of the time. This is almost a the hub and driving force of Federal ef- than on what the prevailing best med- three-fold difference when you compare forts to improve the quality of health ical science is on your illness. a coordinated approach to care with a Here’s an example where I can use ‘‘generally accepted practices’’ ap- care in all practice environments. my home state of Wyoming. The aver- proach. The Agency will assist, not burden age number of days spent in the hos- I am very concerned that we need to physicians, by aggressively supporting pital during the last 6 months of life pass a proposal that responds to these state-of-the-art information systems for people living in Wyoming was be- ‘‘consistent inconsistencies’’ in the for health care quality. This is in stark tween 4.4 days and 8 days. In contrast, quality and practice of medicine in this contrast to the minority proposal, the average number of days spent in country, while also guarding the doc- which would require the Secretary of the hospital for the last 6 months of tor-patient relationship. After all, out- Health and Human Services to Man- life for people living in New York was side of family, many of us view our re- date a new, onerous data collection bu- between 12 and 22 days. This means lationship with our doctor as our most reaucracy. The Agency would support that there is nearly a 250 percent vari- trusted. research in primary care delivery, pri- ation among States for hospital length- The solution lies in building on the ority populations and, critical to my of-stay at the end of life. Who’s respon- doctor-patient relationship and infus- state of Wyoming, access in under- sible for this variation and what does it ing our health care system with evi- served areas. Most important with re- mean about the quality of care we’re dence-based medicine. Our bill does gard to this research, is that it would receiving? that. Our bill does not turn a blind eye target quality improvement in all More importantly, how does this jibe to either the strengths or the weak- types of health care, not just managed with legislating a definition of medical nesses of today’s health care system. care. The Agency would also conduct S8358 CONGRESSIONAL RECORD — SENATE July 13, 1999 statistically and scientifically accu- to lose from low quality and the most suggestion. I suggested possibly doing rate, sample-based surveys, using exist- to gain from high quality. And they that. I think we will possibly do that ing structures, to provide high quality, lose under the Republican program. after the first vote. reliable data on health outcomes. Last, This amendment will determine The PRESIDING OFFICER. Is there the Agency would achieve its mission whether Senators stand with the pa- an objection to the request? Without of promoting quality by sharing infor- tients or with the HMOs. objection, it is so ordered. mation with doctors, health plans and We yield back the remainder of our Mr. NICKLES. For the information of the public, not tying it up in the knots time and are prepared to vote. all of our colleagues, we are now get- of an expanded Federal bureaucracy. Mr. NICKLES addressed the Chair. ting ready to begin a series of votes, Mr. KENNEDY. I reserve my time. We need to assist the providers on the beginning with the first vote dealing Mr. NICKLES. Just to clarify, I front lines. Their job is to make clin- with medical necessity. We expect think my colleague from Massachu- ical decisions. We need to give them there will be four votes tonight, so I setts spoke incorrectly. The insurance the tools to make these medical deci- encourage all our colleagues to come industry does not support our amend- sions based on the proven medical ad- to the floor to vote. vances made every day through our in- ment. I think he said that they do. He happens to be factually wrong. I would I encourage all of our colleagues to vestment in medical research. It would stay on the floor because it is our in- like to have the RECORD be clear. We be a huge mistake to put the Secretary tention to reduce the time allotted to and a Federal bureaucracy between ought to be stating facts and we ought to be stating the truth. What he said each vote to 10 minutes after the first doctors and patients. vote. Clearly, medical necessity is a long was not correct. They do not like our bill, either. They have not supported Mr. REID. Reserving the right to and complicated issue. It is also where object—— the rubber meets the road on improv- our bill. Mr. NICKLES. I did not make a UC. ing the quality of medicine in the My colleague from Massachusetts Mr. REID. Are we going to allow a purest sense. This is where we all must earlier said they wrote our bill. He is minute of explanation? Is that in the pony up on the true intent of our pro- absolutely wrong. I just want to make unanimous consent request? posals regarding medical necessity. sure people have the facts. Mr. President, I will yield back the This is where we peel away the rhetoric Mr. NICKLES. Under the unanimous remainder of our time. and reveal the true implications of our consent that has already been agreed First, I ask unanimous consent that vastly different standards regarding to, we have 4 minutes equally divided. at the expiration of debate time on the the quality of care we are willing to de- Mr. REID. I missed that. I apologize. pending amendment, votes occur on mand for Americans. I, for one, am de- The PRESIDING OFFICER. Does the the following pending amendments: manding that my constituents get the Senator from Massachusetts yield back amendment No. 1238, medical neces- best care possible, with a solid basis in the remainder of his time? sity, that is the pending amendment; proven, quality, evidence-based medi- Mr. KENNEDY. Just 30 seconds of the the next amendment would be amend- cine and timely access to the advance- time to point out, in response to the ment No. 1236, which is the cost cap, ments and innovations in health care. comments of the Senator from Okla- limiting it to 1 percent; the next Mr. President, I understand and homa, the insurance industry has just amendment would be amendment No. greatly respect the role of doctors and spent $2 million in opposition to our 1235 which deals with emergency all health care providers in this coun- program, which basically includes the rooms, by Senator GRAHAM; the next try. It is for that very reason that I provisions so eloquently commented on amendment would be amendment No. support the creation of a new, inde- by the Senators from California and 1234, deductibility for the self-em- pendent appeals mechanism to support North Carolina. Zero has been spent by ployed; and the next amendment would their efforts in treating their patients. the insurance companies in opposition, be amendment No. 1233, dealing with This, in conjunction with strength- to my best understanding, to the Re- the scope. ening the health care system through publican proposal. If it looks like a I further ask unanimous consent that strong Federal support for access to duck and quacks like a duck, it is a following the first vote, there be 4 min- evidence-based medicine. duck. utes equally divided for closing re- Mr. President, I reserve the remain- This is the insurance company’s pro- marks prior to the beginning of each der of my time. posal, the HMO proposal. They are the The PRESIDING OFFICER. Who vote. Mr. KENNEDY addressed the Chair. ones that will gain if this amendment yields time? The PRESIDING OFFICER. The Sen- of the Republicans is accepted. There is Mr. KENNEDY addressed the Chair. ator from Massachusetts. no question about that. It is the dis- The PRESIDING OFFICER. The Sen- Mr. KENNEDY. Reserving the right abled, the cancer groups, and the chil- ator from Massachusetts. to object, and I will not object, just in dren who will gain if our proposal pre- Mr. KENNEDY. Mr. President, much response to the Senator’s earlier state- vails. of this debate may seem technical, but ment, I wonder why the insurance com- I yield back the remainder of the the definition of medical necessity and panies are spending more than $2 mil- time. a fair and independent appeals process lion opposing our program. Mr. NICKLES. Mr. President, I yield are at the heart of any serious effort to Mr. NICKLES addressed the Chair. back the remainder of my time. end insurance company abuse. Our plan The PRESIDING OFFICER. Is there The PRESIDING OFFICER. The has it; their program does not. That is objection? question is on agreeing to amendment why Consumers Union—the outfit that Mr. KENNEDY. Mr. President, I re- No. 1238. publishes Consumer Reports—calls the serve the right to object. Unless I am The yeas and nays have not been or- Republican program ‘‘woefully inad- entitled to speak, I will object, Mr. dered. equate’’ and ‘‘far from independent.’’ President. Mr. NICKLES. Mr. President, I ask No one supports their program but Mr. CHAFEE addressed the Chair. the insurance companies and the for the yeas and nays on the amend- Mr. KENNEDY. Mr. President, I ment. HMOs, the very organizations that withdraw my objection. The PRESIDING OFFICER. Is there a profit from the abuses of the status The PRESIDING OFFICER. Is there sufficient second? quo. Their program is opposed by the objection? American Cancer Society, and vir- Without objection, it is so ordered. There is a sufficient second. tually every cancer organization in the Mr. CHAFEE. I wonder if we could The yeas and nays were ordered. country. It is opposed by the American have an agreement that on the succes- The PRESIDING OFFICER. The Heart Association. It is opposed by the sive votes the Senator from Oklahoma question is on agreeing to amendment disability community. It is opposed by outlined there be a 10-minute break, or No. 1238. The yeas and nays have been the women’s community, and the peo- whatever he suggests, in there. ordered. The clerk will call the roll. ple who represent children. These are Mr. NICKLES. I think our friend The result was announced—yeas 52, the patient groups that have the most from Rhode Island has made a good nays 48, as follows: July 13, 1999 CONGRESSIONAL RECORD — SENATE S8359 [Rollcall Vote No. 199 Leg.] The PRESIDING OFFICER. Who CBO says most of the provisions would YEAS—52 yields time? take full effect within the first 3 years, Allard Gramm Nickles Mr. REID. The Senator from Rhode not 5 years; not 1 percent, but a total Ashcroft Grams Roberts Island is yielded 2 minutes. of 6.1 percent. That is S. 6. That is Bennett Grassley Roth The PRESIDING OFFICER. The Sen- what we are debating. That is what we Bond Gregg Santorum Brownback Hagel Sessions ator from Rhode Island. are amending. Bunning Hatch Shelby Mr. REED. Mr. President, once again We are saying that costs shouldn’t Burns Helms Smith (NH) we hear the same old misestimate of increase by more than 1 percent. Campbell Hutchinson Smith (OR) the costs associated with the legisla- The Congressional Budget Office says Cochran Hutchison Snowe Collins Inhofe Specter tion. The true cost calculated by the the total costs would be $8 billion in Coverdell Jeffords Stevens Congressional Budget Office is 4.87 per- lost Social Security taxes and total Craig Kyl Thomas cent over 5 years. That is exactly what lost wages would be $64 billion. That is Crapo Lott Thompson DeWine Lugar Thurmond Senator LOTT said on ‘‘Meet The not a McDonald’s hamburger. That is Domenici Mack Voinovich Press’’ on July 11. In his words, ‘‘By $64 billion in lost wages, according to Enzi McCain Warner the way, the Democratic bill would add the Congressional Budget Office. That Frist McConnell 4.8 percent cost. That is less than 1 per- is not a Republican insurance study. Gorton Murkowski cent a year.’’ That was the Congressional Budget Of- NAYS—48 Mr. GRAMM. Mr. President, may we fice that said people would lose $64 bil- Abraham Durbin Leahy have order. I can’t hear the Senator. lion in lost wages. Akaka Edwards Levin The PRESIDING OFFICER. The Sen- They also said as a result of the Ken- Baucus Feingold Lieberman Bayh Feinstein Lincoln ate will be in order. Those of you who nedy amendment that people would Biden Fitzgerald Mikulski have conversations, please take them drop insurance entirely; would reduce Bingaman Graham Moynihan to the Cloakroom. This is important the generosity of health benefit pack- Boxer Harkin Murray ages; they would increase cost sharing Breaux Hollings Reed debate. Bryan Inouye Reid The Senator from Rhode Island. by beneficiaries. Byrd Johnson Robb Mr. REED. I thank the Chair. I urge my colleagues to vote for this Chafee Kennedy Rockefeller As I indicated, the true cost is 4.8 amendment. Cleland Kerrey Sarbanes The PRESIDING OFFICER. The Sen- Conrad Kerry Schumer percent over 5 years. ‘‘That is less than Daschle Kohl Torricelli 1 percent a year.’’ That is what Senator ator’s time has expired. Dodd Landrieu Wellstone LOTT said on ‘‘Meet The Press.’’ Indeed, Mr. NICKLES. I ask for the yeas and Dorgan Lautenberg Wyden if you calculate that down to a month- nays on the amendment. The amendment (No. 1238) was agreed ly cost, it is about $2 extra a month to The PRESIDING OFFICER. Is there a to. the average family paying health care sufficient second? Mr. LOTT. I move to reconsider the premiums. It is not going to cause a There is a sufficient second. vote. The yeas and nays were ordered. huge eruption of costs. The PRESIDING OFFICER. The Mr. NICKLES. I move to lay that mo- It is also to me somewhat dis- question is on agreeing to Amendment tion on the table. concerting to think that the insurance Mr. LOTT. Mr. President, I ask unan- No. 1236, as amended. On this question, industry is worried about people losing the yeas and nays have been ordered, imous consent that remaining votes in their health care coverage. They raise this series be limited to 10 minutes in and the clerk will call the roll. costs every day. They will raise costs The legislative clerk called the roll. length. I urge Senators to stay in the to protect their profits. The PRESIDING OFFICER. Are there Senate Chamber or not to go any far- What this legislation wants to do is any other Senators in the Chamber ther than the cloakrooms so we can ac- guarantee that there is quality in the who desire to vote? tually hold these next three votes to 10 American health care system. The result was announced—yeas 52, minutes. Please do so. Senator Make no mistake, this amendment is nays 48, as follows: DASCHLE and I intend to cut off the calculated and designed to undercut all [Rollcall Vote No. 200 Leg.] vote after about 10 or 11 minutes. the protections in the Patients’ Bill of YEAS—52 Please stay in the Chamber. Rights. It is calculated within 2 years Abraham Gorton Murkowski The PRESIDING OFFICER. Without to undercut and remove all of the pro- Allard Gramm Nickles objection, it is so ordered. tections that are so necessary to the Ashcroft Grams Roberts AMENDMENT NO. 1236 American family, which we are fight- Bennett Grassley Roth Bond Gregg Santorum The PRESIDING OFFICER. There ing for. Brownback Hagel Sessions are 4 minutes equally divided. This would be a recipe also to reward Bunning Hatch Shelby Mr. NICKLES. Mr. President, I yield those companies that have excessive Burns Helms Smith (NH) the Senator from Texas 1 minute. costs, and it would be virtually impos- Campbell Hutchinson Smith (OR) Cochran Hutchison Snowe Mr. GRAMM. Mr. President, the Ken- sible to figure out what costs are asso- Collins Inhofe Stevens nedy Patients’ Bill of Rights drives up ciated with their need for profits Coverdell Jeffords Thomas health care costs by 6.1 percent. It versus what costs are associated with Craig Kyl Thompson Crapo Lott Thurmond causes 1.8 million Americans to lose the increase in quality in the system. DeWine Lugar Voinovich their health insurance. It raises the They would be doing the audits. They Domenici Mack Warner cost of health care for those who don’t would essentially be exempting them- Enzi McCain lose their health insurance by $72.5 bil- selves. We are giving them a key to let Frist McConnell lion. By driving up labor costs, it them out of the responsibilities to NAYS—48 would destroy 194,041 jobs in the Amer- their patients and to their consumers. Akaka Edwards Levin ican economy by the year 2003. These We can’t do that. Baucus Feingold Lieberman are not our numbers. These are num- Bayh Feinstein Lincoln This is just another red herring, an- Biden Fitzgerald Mikulski bers based on estimates done by the other ruse, and another device to pre- Bingaman Graham Moynihan CBO and private research firms that vent the American people from achiev- Boxer Harkin Murray have used those numbers to project the ing what they definitely want—rights Breaux Hollings Reed Bryan Inouye Reid economic impact. in the health care system. Byrd Johnson Robb Our amendment simply says if the The PRESIDING OFFICER. The Sen- Chafee Kennedy Rockefeller Kennedy bill drives up health care ator’s time has expired. Cleland Kerrey Sarbanes costs by more than 1 percent when it is The Senator from Oklahoma. Conrad Kerry Schumer Daschle Kohl Specter fully implemented, or if it pushes more Mr. NICKLES. Mr. President, just to Dodd Landrieu Torricelli than 100,000 Americans off the private correct my colleague from Rhode Is- Dorgan Lautenberg Wellstone insurance rolls by driving up cost, then land, he said the cost of the Kennedy Durbin Leahy Wyden the law will not go into effect; it will bill is about $2 a month. That is not The amendment (No. 1236), as amend- be suspended. correct. That is not in CBO’s report. ed, was agreed to. S8360 CONGRESSIONAL RECORD — SENATE July 13, 1999 Mr. NICKLES. Mr. President, I move Mr. HUTCHINSON. Mr. President, I NAYS—53 to reconsider the vote. say to my colleagues, in the area of Abraham Frist McConnell Mr. CRAIG. I move to lay that mo- emergency group services, both bills Allard Gorton Murkowski tion on the table. Ashcroft Gramm Nickles eliminate prior authorization, and they Bennett Grams Roberts The motion to lay on the table was should. You should not have to call Bond Grassley Roth agreed to. your insurance company before you go Brownback Gregg Santorum Bunning Hagel Sessions AMENDMENT NO. 1235 to the emergency room. Both bills es- Burns Hatch Shelby The PRESIDING OFFICER. The tablish a process for timely coordina- Campbell Helms Smith (NH) question is on the Graham of Florida tion of care, including services to Cochran Hutchinson Smith (OR) amendment. There are 4 minutes equal- maintain stability of the patient. Collins Hutchison Snowe Coverdell Inhofe Stevens ly divided. I will be offering an amendment that Craig Jeffords Thomas The Senator from Florida is recog- will make it perfectly clear in the Re- Crapo Kyl Thompson nized. publican bill that there can be no DeWine Lott Thurmond Mr. GRAHAM. Mr. President, most of Domenici Lugar Voinovich greater costs charged for those going Enzi Mack Warner us here have already voted in favor of to an out-of-network emergency room Fitzgerald McCain the amendment which is before us. In as those going to an in-network emer- The amendment (No. 1235) was re- 1997 we adopted virtually this identical gency room. There should not be a dif- jected. language as it relates to the 70 million ferential. I will make very certain in Mr. NICKLES. I move to reconsider Americans who are covered either by my amendment that there is no such the vote. Medicare or Medicaid. So the question differential. Mr. HUTCHINSON. I move to lay before us is, Should we adopt a dif- The Graham amendment is flawed, that motion on the table. ferent standard of emergency room and it is seriously flawed because it The motion to lay on the table was care for the rest, for the other 190 mil- uses language that is confusing for pa- agreed to. lion Americans? tients, confusing for plans and pro- There are two principal differences viders, it is vague and ambiguous, and AMENDMENT NO. 1234 between the current law for Medicare it does not ensure that poststabiliza- The PRESIDING OFFICER. The and Medicaid and what the Republican tion services are related to the emer- question is on amendment No. 1234 by alternative would propose. First, as to gency condition. That is a gaping loop- Senator NICKLES for Senator access to the nearest available emer- hole. It is a blank check to say you SANTORUM. There are 4 minutes equally gency room, the current Medicare/Med- have to provide services for a condition divided. Who seeks recognition? icaid law says you have the right to go that is absolutely unrelated to the rea- Mr. NICKLES. Mr. President, I yield to the nearest emergency room with- son you went to the emergency room. the principal sponsor of the amend- out any additional charge. That is the My amendment I will be offering will ment, Senator SANTORUM, 1 minute. same provision that is in this amend- fix that vague and ambiguous language The PRESIDING OFFICER. The Sen- ment. The Republican provision says to be sure that what is provided in the ator from Pennsylvania is recognized. that a differential charge can be made emergency room for poststabilization Mr. SANTORUM. Mr. President, I so you would have to pay more if it services are related to the condition for rise in strong support and encourage happened that the closest emergency which the patient went to the emer- all my colleagues to support this room was not an emergency room af- gency room. amendment. The amendment does basi- filiated with your health maintenance This is a very dangerous amendment cally two things. No. 1, it establishes organization. in that it is vague and ambiguous and 100-percent deductibility for the self- The second difference is poststabili- leaves a blank check, a gaping loophole employed, something for which I know zation care. What is poststabilization that needs to be fixed. I ask my col- many Members of both sides of the care? I quote the language from the leagues to reject the Graham amend- aisle have been striving. One of the Medicare regulations: ment. things we have said about our health Poststabilization care means medically care proposal is that ours is much more necessary nonemergency services needed to Mr. NICKLES. Mr. President, I ask for the yeas and nays. comprehensive than the Democratic assure that the enrollee remains stabilized plan. It looks at the issue of access. from the time that the treating hospital re- The PRESIDING OFFICER. Is there a quests authorization from the health main- sufficient second? Mr. NICKLES. Could we have order? tenance organization. There is a sufficient second. The PRESIDING OFFICER. The Sen- ate will please come to order. Again, Medicare and Medicaid beneficiaries The yeas and nays were ordered. this is an important debate. get the benefit of poststabilization The PRESIDING OFFICER. The care. Our amendment would make that The Senator from Pennsylvania is question is on agreeing to amendment recognized. benefit available to all 190 million non- No. 1235. The yeas and nays have been Mr. SANTORUM. As I said, our bill is Medicare/Medicaid Americans. The Re- ordered. The clerk will call the roll. much more comprehensive. We looked publican bill would not. It would not The legislative clerk called the roll. say that you are entitled to medically at the question of access and making The PRESIDING OFFICER. Are there necessary services to continue you in a health insurance more affordable to any other Senators in the Chamber de- stabilized condition after you had con- cover more people, to bring them into siring to vote? tacted your HMO and received author- the insurance market. Our bill, with ization to do so. The result was announced—yeas 47, this amendment, does that. The PRESIDING OFFICER. The time nays 53, as follows: The other thing we do is we empha- of the Senator has expired. [Rollcall Vote No. 201 Leg.] size that we do not want the Federal Mr. GRAHAM. Mr. President, there is YEAS—47 Government, the Health Care Financ- ing Administration, to oversee State- no reason why all Americans should Akaka Edwards Lieberman not have the same benefits that we Baucus Feingold Lincoln regulated plans. Almost all 50 States voted less than 3 years ago to make Bayh Feinstein Mikulski have passed a Patients’ Bill of Rights. Biden Graham Moynihan They traditionally regulate health in- available to the 70 million Medicare Bingaman Harkin Murray and Medicaid beneficiaries. Boxer Hollings Reed surance. They are doing a very good Mr. NICKLES. Mr. President, may we Breaux Inouye Reid job. We do not need to impose HCFA have order in the Senate. Bryan Johnson Robb regulations and HCFA control over Byrd Kennedy Rockefeller every State insurance department. It is The PRESIDING OFFICER. The Sen- Chafee Kerrey Sarbanes ate will come to order. Cleland Kerry Schumer the wrong approach. It is Washington Mr. NICKLES. I yield 2 minutes to Conrad Kohl Specter getting its teeth into the State pie. the Senator from Arkansas. Daschle Landrieu Torricelli That is unnecessary. Dodd Lautenberg Wellstone The PRESIDING OFFICER. The Sen- Dorgan Leahy Wyden The PRESIDING OFFICER. The Sen- ator from Arkansas. Durbin Levin ator’s time has expired. July 13, 1999 CONGRESSIONAL RECORD — SENATE S8361 Mr. DASCHLE. I yield 1 minute to care insurance for herself and her fam- NAYS—47 the distinguished Senator from Massa- ily until 2003. She cannot afford to wait Akaka Edwards Lieberman chusetts. to get sick until 2003. Baucus Feingold Lincoln The PRESIDING OFFICER. The Sen- Bayh Feinstein Mikulski I urge my colleagues to support im- Biden Graham Moynihan ator from Massachusetts is recognized. mediate deductibility. Bingaman Harkin Murray Mr. KENNEDY. Mr. President, this The PRESIDING OFFICER (Mr. GOR- Boxer Hollings Reed vote is directly related to whether the TON). The distinguished minority lead- Breaux Inouye Reid Bryan Johnson Robb Senate is really interested in covering er is recognized. Byrd Kennedy Rockefeller all Americans who have insurance or Mr. DASCHLE. Mr. President, I Chafee Kerrey Sarbanes whether whatever passes applies to think the distinguished Senator from Cleland Kerry Schumer only the 48 million persons who are in- Conrad Kohl Specter Pennsylvania had it right. We all sup- Daschle Landrieu Torricelli cluded in the Republican bill. port 100-percent deductibility for the Dodd Lautenberg Wellstone In the House of Representatives, all self-employed. We just voted for it an Dorgan Leahy Wyden of the leading Republican legislation hour or so ago. There is no question all Durbin Levin applies to all patients with insurance of the Senate supports it. We are on The amendment (No. 1234) was agreed through their private employers—the record in support of it. The question is to. whole 123 million here. The proposals whether we should accelerate it. We Mr. NICKLES. Mr. President, I move put forward by the House Republicans just voted to accelerate it on this side to reconsider the vote. who happen to be doctors also cover on the Robb amendment. That isn’t the Mr. LOTT. I move to lay that motion the people in the individual market. question on this amendment. This on the table. But not the Senate Republican bill. amendment is about whether or not we The motion to lay on the table was It is an extraordinary irony, but offer 100 million additional Americans agreed to. HMOs are found in all of these other the patient protections under the Pa- AMENDMENT NO. 1233, AS AMENDED categories—under the 75 million, the 15 tients’ Bill of Rights. The PRESIDING OFFICER. The million, the 25 million—not in self- In order to clarify that, I ask unani- question now is on agreeing to amend- funded employer plans. So the Repub- mous consent that the deductibility ment No. 1233, as amended. lican bill does not even cover the indi- language be added to both the Repub- The amendment (No. 1233), as amend- viduals who first raised the whole ques- lican bill, S. 1344, and the Daschle sub- ed, was agreed to. tion of whether their current coverage stitute. Mr. DODD addressed the Chair. is adequate. Whatever we are going to Mr. NICKLES. I object. The PRESIDING OFFICER. The Sen- do, Republican program or Democrat, Mr. DASCHLE. I ask unanimous con- ator from Connecticut is recognized. let’s make sure we provide protections sent that at least the deductibility AMENDMENT NO. 1239 TO AMENDMENT NO. 1232 to all patients. Every category here on amendment be allowed as part of the (Purpose: To provide coverage for individuals this chart. That is what our amend- Kennedy amendment as well. participating in approved clinical trials ment does. Mr. NICKLES. I object. and for approved drugs and medical de- But their amendment would leave The PRESIDING OFFICER. Objec- vices) out more than 100 million Americans tion is heard. Mr. DODD. Mr. President, I send an like Frank Raffa, a fire fighter for the Mr. DASCHLE. That makes it very amendment to the desk and ask for its city of Worcester, Massachusetts. He clear. This vote is about denying mil- immediate consideration. puts his life on the line every day, but lions of Americans the right to patient The PRESIDING OFFICER. The he and millions of others are left out protections, not about health and de- clerk will report. and left behind with the Republican ductibility for self-employed business- The legislative clerk read as follows: program. Let’s make sure we are going men. The Senator from Connecticut [Mr. DODD] to cover all of them, all the workers in I yield the floor. for himself, Mrs. BOXER, Mr. HARKIN, Mr. this country. The PRESIDING OFFICER. All time KENNEDY, Mr. REID, Mrs. MURRAY, Mr. DUR- The PRESIDING OFFICER. The time has expired. BIN, Mr. ROCKEFELLER, Mr. FEINGOLD, Mrs. has expired. Mr. NICKLES. Mr. President, I ask FEINSTEIN, and Mr. DASCHLE, proposes an Who yields time? for the yeas and nays on the amend- amendment numbered 1239 to amendment No. 1232. Mr. NICKLES. Mr. President, I yield ment. 1 minute to the Senator from Missouri, The PRESIDING OFFICER. Is there a Mr. DODD. Mr. President, I ask unan- Senator BOND. sufficient second? imous consent that reading of the The PRESIDING OFFICER. Before There is a sufficient second. amendment be dispensed with. the Senator from Missouri starts, the The yeas and nays were ordered. The PRESIDING OFFICER. Without Senate will be in order. The PRESIDING OFFICER. The objection, it is so ordered. The Senator from Missouri. question is on agreeing to amendment (The text of the amendment is print- Mr. BOND. Mr. President, the oppo- No. 1234. The yeas and nays have been ed in today’s RECORD under ‘‘Amend- nents of this amendment overlook the ordered. The clerk will call the roll. ments Submitted.’’) fact that the States are involved. The The assistant legislative clerk called Mr. DODD. Mr. President, I offer this States do regulate health insurance. the roll. amendment on behalf of myself, Sen- The States are taking care of those The result was announced—yeas 53, ators HARKIN, BOXER, FEINGOLD, FEIN- they can cover. nays 47, as follows: STEIN, JOHNSON, ROCKEFELLER, KEN- This amendment says we should not NEDY, MURRAY, and REID of Nevada. wipe out State regulation. It also com- [Rollcall Vote No. 202 Leg.] As I understand it, we will debate it pletes the job of ending the tremendous YEAS—53 briefly this evening, and then it will be inequity in our health care system Abraham Frist McConnell one of the first orders of business to- Allard Gorton Murkowski which said formerly that self-employed Ashcroft Gramm Nickles morrow morning. people could only deduct 25 percent of Bennett Grams Roberts This amendment has two parts to it. their health insurance premiums. Bond Grassley Roth It would ensure that patients have ac- Thanks to the bipartisan support we Brownback Gregg Santorum cess to the best possible care in two Bunning Hagel Sessions have had, we say now, by 2003, that Burns Hatch Shelby areas—cutting edge clinical trials and there will be 100-percent deductibility. Campbell Helms Smith (NH) medically necessary prescription Right now, however, there are 5.1 mil- Cochran Hutchinson Smith (OR) drugs. Collins Hutchison Snowe lion uninsured, 1.3 million children. Coverdell Inhofe Stevens Until recently, health plans rou- For the woman who is starting a new Craig Jeffords Thomas tinely paid for the doctor and hospital business, the fastest growing sector of Crapo Kyl Thompson costs associated with clinical trials, our economy, she starts up an informa- DeWine Lott Thurmond and many still do. But a growing num- Domenici Lugar Voinovich tion technology business and she is not Enzi Mack Warner ber of insurance plans are now refusing able to deduct 100 percent of health Fitzgerald McCain to pay, disrupting an arrangement that S8362 CONGRESSIONAL RECORD — SENATE July 13, 1999 immediately benefited individual pa- suggesting they ought to pick up the Many of the best plans already take tients and advanced our ability to cost steps to ensure these formularies treat future patients. The release goes on to cite the bene- aren’t unreasonably rigid by putting As my colleague from Vermont will fits of participating in clinical trials processes in place that allows patients recall from our debate in the Health for patients and for the advancement of access to nonformulary medicines and Education Committee, which he medicine. when their own doctors say those drugs chairs, this amendment is a moderate We are asking that health plans do are absolutely needed. In fact, the HMO one. It would require insurance plans nothing more than what they already trade association supports this practice to cover the costs of a patient’s partici- said they want and they intend to do. as part of its Code of Conduct for mem- pation in clinical trials in only those The Republican proposal? What do ber plans. circumstances that meet the following they say about the clinical trials? They Why would a patient need a drug that criteria: One, the clinical trial must be say the managed care bill should study is not in the plan’s formulary? Patients sponsored or funded by the National In- this issue further. With all due respect, have allergies in some cases to drugs stitutes of Health, the Department of further studies will only cause unnec- on the formulary. They may be taking Defense, or the Veterans’ Administra- essary delays. We already have answers medications that would have bad inter- tion; two, the patient must fit the trial to many of the questions they want to actions with the plan’s preferred drugs, protocol; three, there is no other effec- study. We know what hinders a pa- or simply have a medical need for ac- tive standard treatment available for tient’s participation in clinical trials. cess to some product that is not listed the patient; four, the patient has a se- It is the plans’ refusal to pay for them. in the formulary—rather common- rious or life-threatening illness. We know what the costs are. They are sensical reasons. It seems to me that if a patient’s sit- minuscule. And plans presumably have Without access to a reasonable proc- uation meets those criteria, insurance figured out how to differentiate be- ess for making exceptions to the for- plans ought not to deny access to clin- tween costs of running the trials and mulary, patients may be forced to try ical trials. This ought not to be a con- costs of patient care since many of two or three different types of older, troversial proposal. them already are doing it. less effective medications and dem- Let me lastly add that the plan’s ob- All we would get from another year onstrate that those drugs don’t work or ligation is to pay only for the routine of delay is more patients with life- have negative side effects before the patient costs, not for the costs of run- threatening conditions being denied ac- plan would allow access to offer for- ning the trial that ought to be paid for cess to research that can save their mulary prescription drugs. by the sponsor of the trial—such as the lives. No patient, in my view, should be ex- experimental drug or medical device. I know this does not have to be a par- posed to dangerous side effects, or inef- The cost of providing coverage for tisan issue. Republicans have not only fective treatment, just because the clinical trials is negligible. After all, supported related legislation but cheaper drug in their plan that was similar routine patient costs for blood some—including Senator MACK, and chosen does not work as well as the one tests, physicians’ visits, and hospital my colleague, Senator SNOWE who is on their doctor would recommend. stays are covered for standard treat- the floor, and Senator FRIST—have I was pleased that during our com- ment anyway. been leaders on this issue. Our good mittee markup our chairman, who is The Congressional Budget Office friend and colleague from Maine, Sen- on the floor, and our Republican col- found that this patient protection ator SNOWE, has authored excellent leg- leagues agreed to support a portion of would increase premiums a mere four- islation widely supported, I might add, the protection in the Democratic Pa- tenths of a percent over the next 10 by patient groups which would broadly tients’ Bill of Rights plan that relates years. That is less than 12 cents per provide access to almost all clinical to access to prescription drugs. I will person per month. trials for all privately ensured pa- point out that, as with the majority of Many researchers believe even this tients. I commend her for that bill. provisions in the Republican bill, even minuscule amount is a dramatic over- Thirteen of our Republican colleagues its limited protection would be denied statement of the cost. In fact, when the have cosponsored the Mack-Rockefeller to more than 100 million Americans Memorial Sloan-Kettering Cancer Cen- bill that would require Medicare to whose employers don’t self-insure their ter, and the MD Anderson Cancer Cen- cover the cost of cancer clinical trials. own health care coverage. ter compared the cost of clinical trials The Representative from my State, Re- In addition, their provision contains to standard cancer therapies, both of publican Congresswoman NANCY JOHN- a significant loophole that needs to be these world-renowned cancer centers SON, has introduced a companion bill corrected. The Republican proposal re- found that the average cost per patient with several Republican cosponsors. quires plans to provide access to drugs actually was lower for those patients What I am offering has broad bipar- off the formulary. However, it also says enrolled in clinical trials. So it actu- tisan support in a variety of legislative that the insurers can charge patients ally can save money to give patients proposals. All we are saying is this Pa- whatever they want to get those off- access to clinical trials, if you believe tients’ Bill of Rights ought to include formulary products, even if they are Sloan-Kettering and the Anderson Can- it. medically necessary, and even if the cer Center. Clearly, there is bipartisan interest drug is the only drug that can save The American Association of Health in making sure patients all over this that patient’s life. Plans—the trade association for the country with breast cancer, colon can- This subverts the purported intent of managed care plans—has urged its cer, liver cancer, congestive heart fail- the very provision the Republican bill members to allow patients to partici- ure, lupus, Alzheimer’s, Parkinson’s, proposes; and that is to ensure that pa- pate in clinical trials and to pay the diabetes, AIDS, along with a host of tients have access to medically nec- associated doctor and hospital costs. other deadly illnesses, have access to essary care. If a determination has Let me quote from a news release of cutting-edge treatments. To allow a been made by a doctor and the plan the American Association of Health plan to deny a patient access to clin- that a patient needs that specific drug Plans. They said: ical trials is an outrage. and no other, why should that patient I hope this body will find it in its be subjected to higher costs—conceiv- AAHP supports patients having access to NIH-approved clinical studies, and supports good judgment to adopt this amend- ably even a 99-percent copay? individual health plan linkages with NIH- ment tomorrow when it comes up for a The issue is not about patients sim- sponsored clinical trials. AAHP also believes vote and to allow people to have access ply preferring one brand over another. that it is appropriate for health plans choos- to these critical clinical trials. Our concern is for patients for whom a ing to participate in NIH research studies to The second part of this amendment certain product is medically necessary. pay the routine patient-care costs associated deals with prescription drugs. It is inconceivable they should be with these trials. Nearly all HMOs and other insurance charged more for the care they need This is the very trade association of plans use a preferred list called a for- just because it doesn’t make the plans the insurance plans urging its members mulary to extract discounts from drug formulary. This amendment would to allow access to clinical trials and companies and to save on drug costs. remedy that situation. July 13, 1999 CONGRESSIONAL RECORD — SENATE S8363 Lastly, our amendment would also basically worthless unless we can have eases. Would that save this country address another roadblock that pa- clinical trials. money? tients encounter trying to get life-sav- Mr. DODD. To answer my colleague Mr. DODD. The cost in savings would ing prescription drugs. That is the from Nevada, the Senator is absolutely be astronomical. practice of a plan issuing blanket deni- correct. This is a tremendous waste of When we delay a product going from als on the ground that a drug is experi- taxpayer money. There are those, I the research phase to general use be- mental even when it is an FDA-ap- suppose, who are only concerned about cause patients are shut out of clinical proved product. that issue. I appreciate the Senator trials, not only do patients today suf- If there is any question in your mind raising the point because it is indeed a fer, but future patients suffer, and the why the plans would resort to such a waste of money. costs to the health care system as a practice, I think it’s useful to listen to It is also a waste of human lives. I whole go up. their own explanation. In a letter to think that people watching this debate AIDS is a wonderful example of the majority leader in July of last here on the floor of the Senate will ask this—the AIDS clinical trials have year, the American Association of the question: What did the Senate do saved literally thousands of lives. Peo- Health Plans, Blue Cross and Blue when it had a chance to protect my ple are working today who would not Shield, and the Health Insurance Asso- family, my child, my wife or my hus- have been able to do so had it not been ciation of America wrote: band, to give them access to the cut- for clinical trials that helped to de- velop powerful new drugs. Imagine if If health plans are not allowed to deny cov- ting edge technologies when my in- erage on the basis that the device is inves- surer says no. I think they will be out- the treatments that exist today existed tigational, the health plans would have to raged if we don’t provide them this pro- a few years ago, what a different world perform a much more costly case-by-case re- tection. it would be and how many lives would view on the basis of ‘‘medical necessity’’. In addition to the monetary cost not have been lost—productive citizens They state the case for me. issue, which our distinguished friend today who would make a contribution In other words, according to the from Nevada has raised, to cause a to our society. health plans themselves, their fear is human life to be lost because we denied I reserve the remainder of our time. that if they are prevented from issuing access to clinical trials, I argue, is an Mr. JEFFORDS. Mr. President, I blanket, unfounded denials they might even greater loss. commend my good friend on the com- actually have to look at an individual Mr. REID. There have been some who mittee for the work he has done in this patient’s medical needs. say it is too expensive. The Senator is area. This is an area where we have These two provisions of this amend- aware of plans that have cut off clin- joined together. It will ensure that we ment are critically important. Patients ical trials because it is ‘‘too expen- have a change, a positive change in the need access to clinical trials and they sive.’’ clinical trial aspect. I want to work to- need access to prescription drugs. It What I hear my friend saying is, the gether with the Senator in that regard. doesn’t get more basic than that. real expense is in the pain and suf- I also want to say this bill is not fin- Denying access to clinical trials fering of the families who suffer from ished yet. We have places to go and doesn’t just deny good care to the pa- Parkinson’s, Alzheimer’s, lupus, and time to spend to bring it to a better tient today who is desperately in need all the other diseases that the Senator form than it is now. I look forward to of a cure, but it denies state of the art has outlined so clearly. continuing to work to improve the bill. I reserve the remainder of my time. health care to future patients as well, Is it not true that is where the real Mr. DODD. How much time remains? by impeding the development of knowl- suffering comes and that is where the The PRESIDING OFFICER. The Sen- edge about new therapies. expense comes—in the pain and suf- ator from Connecticut has 29 minutes Senator MACK, Senator SNOWE, and fering to those people—if we don’t 33 seconds, and the Senator from many others have strongly supported allow the clinical trials? Vermont has 49 minutes 15 seconds. legislation in this area. Some of their Mr. DODD. I appreciate the question Mr. REID. Mr. President, I think we bills go further than my amendment of my colleague. are ready to do wrap-up. does. He is absolutely correct. I will make Mr. JEFFORDS. That is my inten- I hope tomorrow when the vote oc- a dollars-and-cents case. The cost is 12 tion. curs we will have the support of a cents per patient per month, a neg- Mr. REID. The time has stopped run- broad bipartisan coalition. ligible cost. ning on the bill for both the majority Mr. REID. Will the Senator yield? As I mentioned in earlier remarks, and minority. Mr. DODD. I am happy to yield to the when Sloan-Kettering Cancer Institute Mr. McCAIN. Mr. President, this Senator. and the MD Anderson Cancer Center evening I cast several difficult votes Mr. REID. I say to my friend from examined the issue of cost—two world- regarding core principles facing this Connecticut, isn’t it true we spend bil- class cancer research centers—their body as we work to ensure the health lions of dollars at the National Insti- conclusion was that clinical trials are care rights of Americans are protected. tutes of Health, the Veterans’ Adminis- actually less costly than the standard I voted for an amendment creating tration, and the Department of Defense care that will be used in the absence of an external appeals process for patients on medical research that can only be clinical trials. ‘‘Less costly’’ is their who are denied medical care by their made effective if they have clinical conclusion. health plan. While I strongly support trials? If your argument is we cannot do this this initiative, I am concerned that Mr. DODD. That is correct. The proc- because it costs too much, one esti- this specific proposal needs further ess of finding cures starts with an un- mate suggests 12 cents per patient per strengthening ensuring that the indi- known product first being tested in the month, and two of the world-class can- vidual health care rights of Americans laboratory. The second place it is test- cer centers in the world think it is ac- are the priority. I will be working with ed is with animals. Third is the clinical tually a lower cost using the clinical my colleagues on both sides of the aisle trial before it is on the market for gen- trials. to strengthen the external appeals eral use. Mr. REID. The final question I ask process, including access to reasonable If insurers impede enrollment in clin- my friend from Connecticut: Isn’t it legal remedies while ensuring that the ical trials that phase of research devel- true that huge amounts of money will external review process is conducted by opment will be adversely affected and be saved if these clinical trials are unbiased and independent entities valuable, life-saving products will be proved effective? The Senator knows whose sole purpose is to protect the delayed from getting on the market for that half the people in our rest and ex- rights of American patients. general use by the public. tended care facilities are there because In addition, I support guaranteeing It is an excellent question. of Parkinson’s and Alzheimer’s. an individual medical care in an emer- Mr. REID. I say to my friend, all the Assume, for example, that these clin- gency room without prior approval money, the billions and billions of dol- ical trials would delay the onset of one from their HMO if the person believes lars, spent by the entities I previously of these two diseases or if some miracle that it is an emergency situation. How- talked about, the money we spend is would occur we could cure those dis- ever, I was forced to vote against an S8364 CONGRESSIONAL RECORD — SENATE July 13, 1999 amendment which provided this protec- these patients while giving the health Mr. President, I believe it is time to tion but then superseded state rights care industry incentives for finding ef- put the brakes on the runaway one- and created an opportunity for emer- ficient methods of delivering care. size-fits-all mandates which are inflict- gency rooms to begin providing a lit- All of us expect the highest quality ing hardship on our most vulnerable any of treatments outside of the realm health care for the citizens of this citizens and legitimate health care pro- of the perceived emergency which country, but, that care must be afford- viders. The time to protect patients could have negative financial repercus- able. Anyone that believes having Con- and providers is before costly mandates sions. gress dictate a costly, one-size-fits-all are enacted into law. Finally, I support providing Amer- mandate will make health care more Let us think ahead. We have already ican women with direct access to OB/ affordable or more available is, I be- seen through our experience with the GYNs and ensuring they receive qual- lieve, severely out of touch with re- Balanced Budget Act of 1997, that well- ity health care while battling breast ality. intentioned solutions enacted by Con- cancer. However, I was forced to vote That is why I am concerned about gress can turn into unworkable, bur- against an amendment providing this the pending legislation. This bill man- densome regulations when imposed on critical access because it eliminated an dates new regulations which would in- the entire health care system. We are important provision ensuring that crease premiums by 6.1 percent, not in- discussing sweeping legislation which, health care costs do not skyrocket cluding inflation. It could raise the if passed and enacted, will have signifi- thereby causing thousands, if not mil- cost of a typical family’s health insur- cant consequences for all Americans lions of new Americans to lose their ance policy by more than $300 per year. and their health care. I believe we can health care coverage. That is not logical, responsible or ac- best protect these Americans by mak- Mr. CAMPBELL. Mr. President, ceptable. We have been down this road ing reasonable changes which give today I take this opportunity to com- before with the ‘‘catastrophic health’’ them more choices. Let’s provide ac- ment on the pending bill. bill of 10 years ago. The Senate passed cess to affordable, quality care without In my view, what we are discussing it because people were told premium inventing unnecessary new federal today is the most costly big-govern- increases would be minimal. Then peo- mandates for an already top-heavy ment health care plan since the Clin- ple got their bill. This pending bill will health care structure. ton health care reform plan was de- drive up the number of uninsured I believe the Republican Patients’ bated earlier this decade. We all know Americans. In my State of Colorado, it Bill of Rights Plus will do just that. It the fate of that attempt, and it is my is estimated that this legislation would will improve quality of care and ex- hope we might now allow common add more than 32,000 persons to the pand consumer choice as well as pro- sense to play a part in creating a Pa- rolls of the uninsured. Our biggest tect patients’ rights. tients’ Bill of Rights. health care problem already is that It will hold HMOs accountable for The demands on our health care sys- there are currently 43.5 million unin- providing the care they promised. It tem have changed dramatically in the sured Americans. Who pays for their places treatment decisions in the hands past decade. So has our health care inevitable medical care? You, I, and of doctors, not lawyers. And, patients system. But, those changes have not every other taxpayer. It is clear that have the right to coverage for emer- affected all people evenly, and it’s increased mandates increase costs, and gency care that a prudent lay-person clear many people have had unfortu- that those increased costs reduce cov- would consider medically necessary. nate experiences. erage. The purpose of our bill is to solve Going from the traditional doctor-pa- It is no secret that higher health in- problems when care is needed, not later tient relationship into a system where surance premiums will force employers after harm has occurred. Common all aspects of care are subject to ap- to drop optional medical coverage they sense demands we act reasonably. More proval and authorization is under- offer employees. That should not be the importantly, the future health care of standably difficult. But, as the cost of intention of this legislation, but it is hundreds of millions of Americans de- quality care became an obstacle to ac- the reality. Every time a mandate mands we act with their interests in cess, the concept of managing care has raises the cost of insurance by one per- mind. evolved as the predominate method of cent, more than 200,000 Americans lose I thank the Chair. insured medical service. their coverage. Mr. ALLARD. Mr. President, in the While health care in America, and Small businesses would drop cov- 1970s, the State of Colorado adopted a our advances in medical technology re- erage if exposed to the pending bill’s li- well-child care law, legislation con- main the envy of the world, it would be ability provisions. Canceling coverage cerning the treatment of alcoholism a serious mistake to pretend that all leaves patients exposed to expensive and mental health, as well as legisla- are well-served by our present health medical bills. That’s not patient pro- tion concerning insurance coverage of care system. tection. We cannot pass legislation psychologists. In the 1980s home health The Federal Government, in an effort that forces employers to provide health care, hospice care, and mammography to give all Americans access to afford- care. They will close shop, because screening legislation was passed into able care, has, in fact, encouraged par- they can’t afford it. The pending bill law. In the 1990s, those who represent ticipation in managed care plans. All will lead to government-run health the people of Colorado in the State federally-sponsored health care, which care. The bill’s mandates could cost House saw fit to pass laws concerning includes Medicare, Medicaid, the Fed- the private sector more than $56 bil- the coverage of nurses, nurse midwives, eral Employees Health Benefit pro- lion, greatly exceeding the annual nurse anesthetists, nurse practitioners, gram and military health care, has ex- threshold established in the Unfunded psychiatric nurses, the continuation of perienced the emergence of managed Mandates Reform Act, which most coverage for dependents and employ- care. Now we must deal with the issue Members of this body voted for. ees, and conversion to non-group of ensuring health care quality as a Many States are currently devel- health care. first priority. And we must do it in a oping patient-protection legislation This decade the Colorado Legislature way that will not raise costs of care or through their State legislatures and also passed consumer grievance proce- cause employers to stop offering health assemblies. My State of Colorado has dures, children’s dental anesthesia and insurance. already established mandates con- general dental provisions, direct access While managed care has become the cerning an independent external review to OB–GYN, direct access to midwives dominant delivery method of cost-ef- process for denied claims, a ban on gag for OB–GYN, emergency room services fective healthcare in our nation, what clauses, and direct access to OB-GYN legislation, a ban on gag clauses, pros- is missing are standards that will en- services. tate cancer screening, breast recon- sure fairness to both patients and pro- Despite that fact, the pending bill, in struction, maternity stay, and mental viders, and clarify what are often con- an attempt to tighten federal control health parity legislation. Last, but cer- fusing medical and legal terms and hid- over the entire U.S. health system, ap- tainly not least, among State laws en- den rules for both parties. The question plies federal mandates to all health in- acted in my home State is a law con- before us now is how best to protect surance products. cerning independent external appeals July 13, 1999 CONGRESSIONAL RECORD — SENATE S8365 for patients and a comprehensive Pa- patients covered under ERISA from re- One of the most contentious issues in tients’ Bill of Rights, passed in 1997. ceiving necessary and proper treatment health care has been the issue of mal- I am proud to have served in the Col- in a timely manner. practice liability, grievance procedures orado State Senate, and I am proud to As a former small business owner I and the mechanism for the appeal of say that today I represent a state that have a keen understanding of the decisions made by managed care com- has been responsive and aggressive in issues that confront the self-employed. panies. My colleagues across the aisle addressing health care issues and pa- I also have experience in balancing the are interested in taking the grievance tients’ rights. wages and benefits you extend to an procedure into a court of law, allowing At the same time, Mr. President, I employee with a healthy bottom line. I a patient greater access to litigation as am deeply troubled that there are think it is important that we remem- a means of challenging a managed care those in this body who are advocates of ber throughout the course of this de- organization’s decision. Senator KENNEDY’s Patients’ Bill of bate that employers provide health Lawsuits and the increased threat of Rights that would preempt a number of care benefits as a voluntary form of litigation will demand that more the laws that I just mentioned in the compensation for their employees. We money to be funneled into non-medical State of Colorado. In this country of must be wary of legislation that will administration and away from what 260 million Americans throughout the increase costs and liability for employ- patients really want—quality health fifty states I believe that the people of ers in a way that may reduce the qual- care. Furthermore, making the courts those States are in the best position to ity and scope of benefit packages for a de facto arbiter of health care deci- make these specific decisions. I come employees. sions seems to me to be less efficient from our nation’s 8th largest State Our bill, the Patients’ Bill of Rights and less effective in dealing with the with a population of just 3.9 million Plus, would make health insurance de- interests of the patient. The Kennedy people. I will not assume that any fed- ductible for the self-employed and in- bill is an enormous gift for the trial eral entity is more prepared to develop crease the availability of medical sav- lawyers in America who stand to profit policy for Colorado than the people of ings accounts. I believe that each of by high cost, long-term cases. Patients, Colorado, nor would I impose the poli- these provisions would give greater not lawyers, will fare far better under cies unique to Colorado’s needs on an- power to the individual and make pri- the Patients’ Bill of Rights Plus. other State. vate insurance more affordable for I am also concerned that expanding Something I find equally troubling is families and individuals. Large cor- medical malpractice liability will lead that in addition to infringing on the porations can claim a 100 percent de- to more defensive medical decisions re- laws of the State of Colorado, the legis- duction for health care and small busi- gardless of the merit of a particular treatment. High liability exposure and lation that Senator KENNEDY and the ness should be treated the same. Democrats have developed has the po- Medical savings accounts, otherwise cost has driven countless physicians tential to increase health care costs, known as MSAs, combine a high de- from their profession for years, par- deprive 1.9 million Americans of health ductible and low cost catastrophic pol- ticularly in high-need rural areas. This is not a provision we can afford insurance who are currently covered, icy with tax free savings that can be in rural areas of western States like and cast heavy mandates down on indi- used for routine medical expenses. We Colorado that are already under- should increase the availability to all vidual states who are in a far better po- served. sition to make these decisions for families who desire MSAs. These ef- Rather than take health care out of themselves. forts will prove particularly helpful to the doctor’s office and into the courts, I will speak today about a number of those individuals working for small the Patients’ Bill of Rights Plus Act things I believe will enhance the qual- business, and those in transition from establishes strict time frames for in- ity of health care, increase access to one job to another since MSAs are fully ternal and external appeals for the 124 care, and provide important protec- portable. million Americans who receive care tions for patients without unneces- I want to stress that our legislation from self insured and fully insured sarily placing mandates on individual will not mandate these accounts for ev- group plans. Routine requests would states. These provisions are all part of eryone, but will simply establish the need to be completed within 30 days, or a comprehensive package called the accounts as an option to those who feel 72 hours in specific cases when a delay Patients’ Bill of Rights Plus Act, they will be best served by MSAs. I be- would be detrimental to the patient. which I feel properly addresses the lieve that medical savings accounts are Rather than use the courts in cases of needs of America’s patients, physicians particularly important for uninsured, health care appeals our legislation and health care providers. lower income Americans. Allowing would establish a system of inde- The Patients’ Bill of Rights Plus Act consumers to pay for medical expenses pendent, internal and external review establishes consumer protection stand- through these affordable tax-deductible by physicians with appropriate exper- ards for self-funded plans currently plans, tailored to their needs, is a via- tise. We are talking about doctors with governed by the Employee Retirement ble free-market approach to decreasing years of experience and medical train- and Income Security Act (ERISA). 48 the number of uninsured in America. ing making health care decisions, not million Americans are currently cov- This is a question of providing greater legal arguments. ered by plans governed by ERISA— choice for health care consumers. I believe that such a system will be these are American health care con- The Patients’ Bill of Rights Plus Act more responsive and more tailored to sumers who are not under the jurisdic- would also permit the carryover of un- the needs of every individual patient— tion of state laws. used benefits from flexible spending ac- and it will do so without creating un- Our bill would eliminate gag rule counts, again increasing the number of necessary bureaucracy. It is also im- clauses in providers’ contracts and en- options available to the consumers of portant to note that these internal and sure that patients have access to spe- health care. external appeals will cost patients and cialty care. The legislation also re- In keeping with presenting more op- employers considerably less than the quires that health plans that use tions to the consumer, The Patients’ alternative proposal that is heavy on formularies to provide prescription Bill of Rights Plus Act includes lan- lawsuits, lawyers and litigation. medications ensure the participation of guage that would require all group Another area of concern that I be- doctors and pharmacists in the con- health plans to provide a wide range of lieve needs to be incorporated in any struction of the formulary. Further ad- comparative information about the sensible managed care reform legisla- dressing patient choice and access, health coverage they provide. This in- tion is the inclusion of protections for health plans would be required to allow formation would include descriptions patients from genetic discrimination. women direct access to obstetricians of health insurance coverage and the The Patients’ Bill of Rights Plus Act and gynecologists, and direct access to networks who provide care so that con- would prohibit all group health plans pediatricians for children, without re- sumers covered by self insured and and insurers from denying coverage or ferrals from general practitioners. fully insured group health plans can adjusting premiums based on pre- These provisions are important steps make the best decisions based on their dictive genetic information. The pro- in removing barriers that may prevent needs and preferences. tected genetic information includes an S8366 CONGRESSIONAL RECORD — SENATE July 13, 1999 individual’s genetic tests, genetic tests opportunity to speak in support of the takes a comprehensive approach in of family members, or information underlying measure. dealing with these issues, which is why about the medical history of family Today more than 160 million Ameri- I am a cosponsor of the measure. members. cans, over 75 percent of the insured The dominance of managed care has No one should live in fear of being population, obtain health coverage undermined the doctor-patient rela- without health care based on genetic through some form of managed care. tionship. Often tools are used to re- traits that may not develop into a Managed care arrangements can and do strain doctors from communicating health problem. provide affordable, quality health care freely with patients or providing them Mr. President, I believe these provi- to large numbers of people. Yet reports with incentives to limit care. We need sions will empower the individual, not of financial consideration taking prece- to ensure that insurers cannot arbi- the lawyers or bureaucracies. I am dence over patients health needs de- trarily interfere in the medical deci- committed to the notion that each in- serve our attention. We hear stories sion making. The Patients’ Bill of dividual American consumer of health and read news articles about people Rights includes a number of provisions care is in the best position to chose who have paid for health insurance or to prevent arbitrary interference by in- where his or her health care dollar is received employer-sponsored insur- surers. Our bill establishes an inde- best spent. ance, became ill, only to discover that pendent definition of medical neces- An administrative issue involved in their insurance does not provide cov- sity, prohibits gag clauses on physi- this debate that I am very concerned erage. Recent surveys indicate that cians and other restrictions on medical with is the effort to attempt to force Americans are increasingly worried communications, and protects pro- all health plans—not just HMOs—to re- about their health care coverage. 115 viders from retaliation if they advo- port the medical outcomes of their sub- million Americans report having a bad cate for their patients. scribers and the physicians who treat experience with a health insurance The issue of who decides what is them. This makes sense for a managed company or knowing someone who has. medically necessary is probably the care plan such as an HMO, but it would This undermining of confidence in our most fundamental issue of this debate. be virtually impossible for a PPO or in- health care system must be addressed. We must empower patients so they re- demnity plan to monitor and classify We must act to restore the peace of ceive appropriate medical treatment, this data without becoming involved in mind of families in knowing that their not necessarily the cheapest treat- individual medical cases. health insurance will be there when ment, not necessarily the treatment I believe that if we require all health they need it most. We can accomplish that an insurance company determines plans to collect and report data like this by establishing real consumer pro- is appropriate, but the best treatment. this we will be requiring all plans to be tections, restoring the doctors deci- Currently, many doctors are finding in- organized like an HMO. This would sig- sion-making authority, and ensuring surance plans second-guessing and nificantly reduce the number of that patients get the care they need. overriding their medical decisions. choices consumers and employers cur- Some of the important issues that we Democrats believe that the ‘‘medical rently enjoy in selecting their health are debating include the scope of cov- necessity’’ of patient care should be de- care. erage, definition of who determines termined by physicians, consistent The Congressional Budget Office re- ‘‘medically necessity,’’ protecting the with generally accepted standards of cently determined that if S. 6, the Ken- doctor/patient relationship, access to medical practice. Doctors are trained nedy version of the Patients’ Bill of care, and accountability. to diagnose and make treatment deci- Rights, were to pass that this country True managed care reform cannot sions based on the best professional would see private health insurance pre- come from a narrow bill that covers medical practice. We need to keep the miums increase 6.1 percent above infla- only a certain segment of the popu- medical decisions in the hands of doc- tion. What appears to be a minor in- lation. Today much of the regulation of tors and not insurance company bu- crease to health care premiums would managed care plans comes form the reaucrats. have disastrous and immediate con- states. However, federal laws such as Families in managed care plans often sequences around the country, adding the Employee Retirement Income Se- face numerous obstacles when seeking 1.9 million Americans to the ranks of curity Act of 1974 (ERISA) and the access to doctors and health care serv- the uninsured. In my home state that Health Insurance Portability and Ac- ices. Some of these barriers include re- translates to 32,384 people. In Colorado countability Act, combined with the strictions on access to emergency room the average household would lose $203 various state regulations, form a services, specialists, needed drugs, and in wages and 2,989 jobs would be lost by patchwork of regulation for managed clinical trials. S. 6 would ensure access 2003 for this ‘‘minor’’ increase. care plans. Some in this chamber be- to the closest emergency room, with- We are talking about people in Colo- lieve that the protections we are con- out requiring prior authorization. It rado losing their jobs and their health sidering should only apply to ERISA- would provide access to qualified spe- care coverage because Washington covered plans and not to the 113 mil- cialists, including providers outside of wants to do what the State of Colorado lion Americans who have private insur- the network if the managed care com- has been working on for the last thirty ance that is regulated by the states. pany’s choices are inadequate, and di- years. They argue that these issues should be rect access to obstetricians and gyne- The Congressional Budget Office de- left to the states to address. Democrats cologists for women and pediatricians termined that our bill, the Patients’ believe that everyone deserves equal for children. S. 6 would also ensure ac- Bill of Rights Plus Act, would increase protection, regardless of where they cess to drugs not included in a man- costs by less than 1 percent. While I may live or work. The Patients’ Bill of aged care plan’s covered list when urge my colleagues to be wary of any Rights would not interfere with patient medically indicated and provide access potential increase in costs for the protection laws passed by the states, it to quality clinical trials. American people, I also believe that would simply extend these patient pro- Finally, the underlying bill allows the Patients’ Bill of Rights Plus, and tection rights to all Americans. consumers to hold managed care com- not the current Kennedy bill, directly As managed care has grown, so has panies accountable for medical neg- addresses health care quality issues the pressure on doctors and other ligence. Currently, insurers make deci- and increases choice for consumers health care providers to control costs. sions with almost no accountability. with a minimal cost. Complaints receiving widespread atten- Patients deserve the right to a timely Mr. AKAKA. Mr. President, I rise tion include denials of necessary care, internal appeal and an unbiased exter- today to speak on a very important lack of accountability, limited choice nal review process when they disagree piece of legislation—legislation that is of providers, inadequate access to care, with a decision made by the insurer. vital to the future of health care in and deficient information disclosure Patients also deserve recourse when this country, the Patients’ Bill of for consumers to make informed plan the misconduct of managed care plans Rights. Democrats have fought long decisions. Mr. President, a strong Pa- results in serious injury or death. How- and hard to debate this bill on the floor tients’ Bill of Rights should address ever, under ERISA plans, patients have of the Senate and I am thankful for the the shortcomings of managed care. S. 6 no right to obtain remedy under state July 13, 1999 CONGRESSIONAL RECORD — SENATE S8367 law. These patients are limited to the ship, and the Canadian Studies Faculty The article I will include in the narrow federal remedy under ERISA, Research. She has also published sev- RECORD, highlights Russia’s continuing which covers only the cost of the pro- eral studies such as ‘‘The President as effort to implement political and eco- cedure the plan failed to pay for. S. 6 Interpreter-in-Chief’’ and ‘‘Strategic nomic reforms. This has been a painful would ensure that managed care com- Failures in the Modern Presidency.’’ process in Russia. However, it is my panies can be held accountable for A native of southern California, Dr. firm belief that Russia’s transition to a their actions. It does not establish a Stuckey earned a bachelor’s degree in free-market democracy will be meas- right to sue, but prevents federal law political science from the University of ured in decades, not years. During this from blocking what the states deem to California at Davis. She then com- important time—CIPE and the other be appropriate remedies. A strong legal pleted her graduate studies at the Uni- NED grantees—have been working to liability provision will discourage in- versity of Notre Dame and joined the ensure that the Russian people have surers from improper treatment deni- Ole Miss faculty in 1987. access to the information and re- als or delays and result in better Now, Mr. President, let me tell you sources necessary to make a successful health care. that Dr. Stuckey and I probably will transition. Mr. President, only a comprehensive not agree on much when it comes to Again, I encourage my colleagues to bill will guarantee patient protection political issues. But three members of read this important article. with access to quality, affordable my current staff, Steven Wall, Beth EXHIBIT 1 health care. We should not miss this Miller, and Brian Wilson, tell me she is SAFEGUARDING RUSSIAN INVESTORS: important opportunity to enact mean- outstanding in the classroom. They all SECURITIES CHIEF SPEAKS OUT ingful legislation that is federally en- agree that she is an equal opportunity (If Russia is to gain economic stability and forceable and will improve care and re- challenger, regardless of political attract foreign investors it will need to re- store confidence in our health care sys- views, when it comes to the study of spond better to the needs and concerns of tem. politics. She requires her students to investors. Dmitry Vasiliyev has made this use logic rather than emotions when the chief reform priority of the securities f advocating any viewpoint. Dr. Stuckey commission that he heads. He is one of the MORNING BUSINESS does not penalize her students when strongest voices in Russia today calling for they don’t share her views; rather she more efficient and transparent markets to Mr. JEFFORDS. Mr. President, I now provide the necessary foreign and domestic ask unanimous consent that the Sen- rewards academic scholarship. capital to jump start Russia’s newly ate now proceed to a period of morning The study of political science is es- privatized enterprises. In this interview business with Senators permitted to sential to any society. And I believe it with Economic Reform Today, Vasiliyev speak for up to 10 minutes each. is even more incumbent on us, as underscores the importance of establishing The PRESIDING OFFICER. Without Americans, to do so. Thomas Jefferson strong shareholders’ rights as a corner- objection, it is so ordered. once said, ‘‘Self-government is not pos- stone of economic reform) sible unless the citizens are educated ERT: You have made upholding share- f sufficiently to enable them to exercise holder rights one of the top priorities of the TRIBUTE TO DR. MARY E. oversight.’’ He was right. Universities Federal Securities Commission (FSC). Why STUCKEY, THE 1999 ELSIE M. are an important institution to help in- is this so important? HOOD OUTSTANDING TEACHER Mr. Vasiliyev: Protecting investors’ rights still in each generation an appreciation is an important prerequisite for attracting Mr. LOTT. Mr. President, it is with for the unique and honorable character foreign investment, and, unfortunately, Rus- great pleasure that I pay tribute to required for our democratic republic. sia faces serious problems in this area. Al- The University of Mississippi’s 1999 Americans want to learn from their though we are gradually improving the qual- Outstanding Teacher of the Year, Dr. past mistakes so they can strive to ity of corporate governance, Russia is losing Mary E. Stuckey. build a better society for their children billions of dollars in investments because of and grandchildren. Dedicated and in- poor investor safeguards, both in corporate Each year my alma mater The Uni- and government securities. This is reflected versity of Mississippi, known as Ole spiring teachers, such as Dr. Mary E. Stuckey, this year’s Elsie M. Hood in the lower value of Russian stock prices as Miss, recognizes excellence in the compared with those of other emerging mar- classroom with the Elsie M. Hood Out- Award recipient, are key to ensuring ket countries. Better protection of investors’ standing Teacher Award during its that our next generation of political rights will attract more investors and allow Honors Day Convocation. Nominations leaders will have the necessary knowl- companies to raise more capital and lead to for this honor are accepted from stu- edge and character to make America the development of new technologies and dents, alumni, and faculty. A com- strong. more production. f ERT: Can you gauge the damage that deny- mittee of former recipients then se- ing these shareholder rights inflicts on the lects the faculty member who best ECONOMIC REFORMS IN RUSSIA Russian economy? demonstrates enthusiasm and engages Mr. KERREY. Mr. President, I draw Mr. Vasiliyev: The Russian economy faces students intellectually. my colleagues’ attention to an article serious consequences unless it can offer ade- Dr. Mary E. Stuckey is an Associate quate safeguards. Not only are foreigners re- that appeared earlier this year in Eco- luctant to invest in Russia, but Russians do Professor of Political Science. An 11- nomic Reform Today. I ask unanimous year veteran of the Ole Miss Political not trust it either. People are putting their consent that the full text of ‘‘Safe- savings into dollars because other forms of Science Department, Dr. Stuckey’s guarding Russian Investors: Securities investment don’t offer enough protection. teaching interests include the Presi- Chief Speaks Out’’ be printed at the That’s why we have concentrated our ef- dency and political communications as end of my statement. forts on protecting the market from low- well as American Indian politics. Her The PRESIDING OFFICER. Without quality securities. Last year we denied reg- research focuses on Presidential rhet- objection, it is so ordered. istration to 2,600 issues; that is, we turned oric, media coverage of the President, (See exhibit 1.) down 14% of all submitted prospectuses. and institutional aspects of Presi- Mr. KERREY. Mr. President, Eco- That means we prevented 2,600 possible vio- dential communication. Dr. Stuckey is lations of shareholder rights. Of course we nomic Reform Today is a quarterly also had to cancel some issues that were al- also working on several projects re- magazine published by the Center for ready registered; for example, the well-pub- garding depictions of American Indians International Private Investment. licized cases involving the largest Russian in the media and in national politics. CIPE is one of the core grantees of the oil companies, such as Sidanko and Sibneft. In addition to these areas of interest, National Endowment for Democracy Last week the Commission launched an in- she also teaches in the McDonnell- and is dedicated to promoting demo- vestigation into the case of Yukos. We are Barksdale Honors College. cratic governance and market oriented determined to use all measure necessary to Dr. Stuckey’s research has earned economic reform. Their work has been defend minority shareholders. In some cases her several prestigious grants. These particularly important in assisting the the exchange or brokers themselves violate shareholder rights through manipulation. include the President Gerald R. Ford ongoing transition to free markets in Our investigations have increased sevenfold Library, the C–SPAN in the Classroom the former communist countries of in the last two years. We recognize, however, Faculty Development, a National En- Eastern Europe and the former Soviet that we are only at the beginning of a long dowment for the Humanities Fellow- Union. process. S8368 CONGRESSIONAL RECORD — SENATE July 13, 1999 A responsible government should observe a securities market and the banking system Mr. Vasiliyev: We believe that the struc- strict financial policy and minimize its bor- should be kept—and regulated—as separate ture of ownership will gradually change. rowing, including issuing government bonds. systems. The experiences of other countries, Many companies that were privatized as The crisis over the past year was also a crisis including the US, show that heavy invest- joint stock companies will probably leave of sovereign debt: the crash of the GKO (gov- ment in industry by banks and financial in- the securities market. They are not inter- ernment bond) pyramid caused tremendous stitutions can have catastrophic con- ested in remaining publicly traded. We will losses to the real economy and to the finan- sequences. Back in 1997, I was already insist- probably have 500 to 1,000 publicly traded cial sector. As a result, the government is ing that Russia needs banks to stay away companies. Most small shops or factories developing twelve new laws aimed at pro- from risky speculative operations, not to employing less than 100 persons will gradu- tecting investors. In March, Parliament hold stock in companies and not to invest in ally end up being privately owned or become adopted one of these laws, which protects in- industry. What we had in the August 1998 cri- closely held companies, which is fine. The vestors in the securities markets. We also sis was the collapse of the settlement sys- number of publicly traded companies is de- need to improve our joint stock company law tem. clining in countries that went through mass in order to reduce share dilution and asset At the same time we need investment privatization. We see this happening in the stripping, as well as to allow shareholders to banks involved in corporate finance, but in- Czech Republic and it will eventually happen dismiss management and stop asset theft. vestors know that many Russian banks are in Russia, too. We also want to change the criminal code used for speculative operations not for set- There were two components of Russia’s and make nondisclosure to investors and tlement purposes. Russia’s President Yeltsin privatization process. One was land privat- crime. I believe that we can learn from other recently sent a message to the Federation ization—the land ‘‘under’’ companies—and countries’ experiences, including the United Council stating that the country needs both the other was securities markets develop- States, in this area. ‘‘settlement’’ banks and ‘‘investment’’ ment intended to rectify privatizations that There are several typical violations of banks. The fact that President Yeltsin high- were not done in a very efficient manner. We shareholder rights in Russia. The first is lighted this critical issue is an encouraging were forced to implement privatizations in share dilution, which we have been trying to sign for the ailing banking sector. the way we did. Other options then were not counter by denying issue registrations. The Creditors’ rights also need to be protected. politically or psychologically acceptable in bill approved in March also introduces In Russia creditors are not offered adequate our country. I still believe this. But it is ob- stricter procedures that should protect protection. The banks say that they need a vious that we encountered a lot of insider in- against share dilution. controlling interest in a company in order to fluence and very limited transparency be- The second is nondisclosure or provision of be able to lend money to it. Creditors’ rights cause of the very fast pace of transition. false information. We have begun to address should be protected, but the solution to that When we were first starting to privatize, I this issue through the same bill, which al- is for banks not to participate in a com- worked in the state property commission as lows the FSC to fine issuers of securities if pany’s equity capital. If banks would lend to a deputy to Mr. Anatoly Chubais, its chair- they provide insufficient disclosure or mis- companies rather than invest in government man, and I drafted many documents on pri- leading data. For example, if a prospectus bonds, they would not be so involved in spec- vatization. One of the main conditions we contains false information, those who have ulation and not be so dependent on getting asked for was that companies become open signed it—the CEO, the auditor and the inde- controlling interest in companies. joint stock corporations so that stock could pendent appraiser—bear a subsidiary respon- State involvement in the economy should be sold and bought. Now that there is a bat- be minimal, but today it is still very high. sibility if investors lost money because the tle for control of these companies and the Sweeping privatization is not the most im- information was false. Of course this is only advent of outside shareholders is beginning portant objective; the goal should be to pri- the first step; we still have to iron out how to strengthen their positions, Russian com- vatize the land held by industrial companies to enforce the law and other procedural mat- panies are changing bit by bit. The securities so they can use it as collateral for loans. The ters. In the West, for instance, you have markets are helping this transition. sooner this is done the better, but this proc- ‘‘class action’’ suits, but courts do not hear The use of a central depository as a privat- ess has moved very slowly since 1994. In my such cases in Russia. ization mechanism has been adopted by Another typical violation is transfer pric- opinion this aspect of privatization is more many emerging market countries and is ac- important than agricultural reform. ing abuse; that is, when commodities or se- cepted by all securities commissions. If we ERT: Can you delineate the responsibilities curities are sold at artificial prices between could establish a central depository, we of the FSC and the Central Bank in regu- or among affiliated companies. Here, as in would be able to reduce the number of reg- lating corporate transactions and capital the case of asset stripping, shareholders need istrars and eventually move toward not markets? In what areas should they cooper- to have stricter control over the actions of using them at all. Later we could introduce ate and in what areas should they have sepa- management. The FSC is trying to prevent centralized clearing settlements. These will rate responsibilities? the execution of large transactions without Mr. Vasiliyev: I believe that each has its lower investors’ costs and significantly im- prior shareholders’ approval. While we do not own functions—the main objective of the prove protection of their rights since they always succeed, we are trying to close this Central Bank, just like in any other country, would then be protected from registrar-re- important loophole. is supporting the national currency. My task lated risks. The attractiveness of the Rus- The issue of share conversion between a at the FSC is to protect investors and regu- sian market would benefit significantly from holding company and its subsidiaries is very late the securities market. the results. So my position was and is that serious. Shareholders of both the holding ERT: In your view, what is the Russian sooner or later this central depository will company and the subsidiaries must insist on public’s perception of the local business com- be created in Russia. a fair and independent appraisal of assets munity? If it is negative, how should busi- Right now our policy is that no single and establishment of a fair conversion rate. nesses work to revamp this perception? issuer can control more than 20% of a reg- Government officials cannot solve this ques- Mr. Vasiliyev: The attitude toward busi- istrar, and that registrars handle a large tion; it’s a matter for management and the ness people is not very good. I believe that number of issuers. They gradually are be- shareholders and points up the importance of the country’s private sector should work on coming more independent. Our largest reg- appropriate procedures for corporate deci- changing its tarnished image. It should be istrars handle 200 to 300 issuers and millions sion making. For example, in some cases, prestigious to be involved in business and so- of accounts so that they are no longer de- such as Lukoil’s, the share conversion proc- ciety should appreciate that it has an impor- pendent on a particular issuer. ess went pretty smoothly because Lukoil tant function. Changing the poor image of Of course, there are still registrars who are management took a balanced and well-con- business will, of course, take a long time. under the strong influence of a single ceived position. Other cases, such as Sibneft, The ideology of the old Soviet regime won’t issuer—Yukos, for example. But they are resulted in huge scandals. This is a long- disappear overnight. In Russia it is the subject to strict control by the Commission. term process and the FSC will be focusing on younger generation that is leaning toward In the past year, we checked up on three- this issue indefinitely. capitalism. fourths of all registrars and have 125 of them ERT: Financial industrial groups have a The private sector, of course, will play a left to check. Almost all of them are checked very strong presence in the Russian econ- key role in the economy. It already plays an once a year. omy. Experts argue that they need to be re- important role, but often in the form of spec- ERT: More broadly, what lessons should formed or regulated. In your view, what type ulation and the ‘‘shadow’’ economy. The policymakers in other developing countries of regulation is necessary? Russian economy needs to move from the learn from Russia’s ongoing transition to a Mr. Vasiliyev: The economic crisis last shadows to the daylight through simplifica- market-oriented economy? year delivered a very serious blow to finan- tion of regulation and licensing. We need to Mr. Vasiliyev: The first lesson is that cial industrial groups (FIGs). It destroyed make it profitable to pay taxes. (See ERT emerging markets cannot borrow the experi- many of them, and weakened many of the so- No. 4, 1997 pp. 6–9 for a detailed discussion of ence of Western countries. You cannot just called ‘‘oligarchs,’’ who were forced to sell how Russia’s ‘‘shadow’’ economy operates.) transfer their legislation to other countries. off parts of their empires. Yukos is just one ERT: In Russia, much of the public per- We are at a different stage of development. example of the troubles facing these groups. ceives the privatization process as unfair. The Russian economy and its financial in- I believe that FIGs are not the most effi- How would the changes in regulations that struments are nearly a century behind those cient way to achieve economic development. you have outlined in this interview improve of the US, for example, in terms of our legal Equity or investment financing through the this process? base, the capitalization of our institutions, July 13, 1999 CONGRESSIONAL RECORD — SENATE S8369 and our familiarity with how a market econ- serving independence, dignity and hope further improve their ability to save omy works. for some of our frailest and most vul- and improve their quality of life. The Russian economy faces several key ob- nerable fellow Americans. I feel strong- Let me briefly outline the four key stacles. First is a lack of expertise among ly that where there is a choice, we reasons why I believe the IDA concept Russian managers. A typical manager can- not write a reasonable plan for investors. A should do our best to allow patients to is so crucial to a well-crafted tax cut. manager may have a project and an investor choose home health care. I think Sen- First, asset building is crucial to the may have cash to invest, but without a de- iors need and deserve that choice. I ap- long-term health and well being of low cent plan, nothing will develop. Second, Rus- plaud Senator JEFFORDS for his leader- income families. Assets not only pro- sia must simplify its taxation rules and re- ship on this issue, and I look forward vide an economic cushion and enable duce the tax burden. Only then will we see to working with him to ensure that people to make investments in their fu- real economic growth and more revenues. Seniors have access to the care that tures, they also provide a psychological Third, we must greatly simplify procedures they need. orientation—toward the future, about for the control and licensing of businesses. one’s children, about having a stake in Starting up and/or liquidating a business f should be easy. This would enable us to re- the community—that income alone INDIVIDUAL DEVELOPMENT cannot provide. Put simply, families duce crime and corruption and transfer part ACCOUNTS of the informal economy to the formal sec- that fail to save fail to move up the tor. Mr. ABRAHAM. Mr. President, with- ladder of economic success and well- f in the next several weeks, the Senate being. Unfortunately, saving strategies will debate an issue of extreme impor- have been ignored in the poverty as- THE VERY BAD DEBT BOXSCORE tance to the future of our economy— sistance programs established over the Mr. HELMS. Mr. President, at the whether and in what manner to return past 35 years. IDAs will fill this critical close of business yesterday, Monday, nearly $800 billion in tax relief to the gap in our social policy. July 12, 1999, the Federal debt stood at American people over the next ten Second, our great Nation needs to ad- $5,621,471,104,821.73 (Five trillion, six years. dress the wealth gap, and bring more hundred twenty-one billion, four hun- I strongly support this tax cut. I be- people into the financial mainstream. dred seventy-one million, one hundred lieve we owe it to the American people, While there has been considerable at- four thousand, eight hundred twenty- who after all provided the hard work tention given to the income cap among one dollars and seventy-three cents). that produced our current surpluses. I our citizens, I wonder how many Amer- Five years ago, July 12, 1994, the Fed- also believe that these surpluses pro- icans realize that ten percent of the eral debt stood at $4,621,828,000,000 vide us with a unique opportunity to families control two-thirds of our Na- (Four trillion, six hundred twenty-one reduce and simplify our current oner- tion’s wealth or that one-half of all billion, eight hundred twenty-eight ous, Byzantine tax code. Finally, and American households have less that million). most important for my purposes here $1,000 in net financial assets, or that 20 Ten years ago, July 12, 1989, the Fed- today, we now have an important op- percent of all American households do eral debt stood at $2,800,467,000,000 (Two portunity to target and encourage fur- not have a checking or a savings ac- trillion, eight hundred billion, four ther saving and investment. count? hundred sixty-seven million). To keep our economy growing and Current Federal tax policy provides Fifteen years ago, July 12, 1984, the our budget balanced, we must do more more than $300 billion per year in in- Federal debt stood at $1,534,664,000,000 to encourage saving and investment. centives for middle-class and wealthy (One trillion, five hundred thirty-four Therefore, it is my view that part of families to purchase housing, prepare billion, six hundred sixty-four million). the tax cut should be crafted following for retirement, and invest in businesses Twenty-five years ago, July 12, 1974, an innovative concept called Individual and job creation. Yet, public policies the Federal debt stood at Development Accounts or IDAs. IDAs have largely penalized low income peo- $472,596,000,000 (Four hundred seventy- are emerging as one of the most prom- ple who try to save and build assets two billion, five hundred ninety-six ising tools to help low income working and savings incentives in the tax code million) which reflects a debt increase families save money, build wealth, and are beyond their reach. It is time for us of more than $5 trillion— achieve economic independence. This to find ways to expand these tax incen- $5,148,875,104,821.73 (Five trillion, one pro-asset building idea is designed to tives so that they can reach low in- hundred forty-eight billion, eight hun- reward the monthly savings of work- come families who want to work and dred seventy-five million, one hundred ing-poor families who are trying to buy save. four thousand, eight hundred twenty- their first home, pay for post-sec- Third, IDAs are a good national in- one dollars and seventy-three cents) ondary education, or start a small vestment, yielding over $5 for every $1 during the past 25 years. business. The reward or incentive can invested. According to the Corporation f be provided through the use of tax for Enterprise Development or CFED, credits to financial institutions that the initial investment in IDAs would PRESERVING ACCESS TO CARE IN provide matching contributions to sav- be multiplied more than five times in THE HOME ACT OF 1999 ings deposited by low income people. In the form of new businesses, new jobs, Mr. FEINGOLD. Mr. President, I rise this way those savings will accumulate increased earnings, higher tax receipts, today to commend my colleague Sen- more quickly, building assets and fur- and reduced welfare expenditures. And ator JAMES JEFFORDS of Vermont on ther incentives to save. these increases will come from genu- legislation he introduced that makes I believe so strongly in the many inely new asset development. Savings several important first steps in ad- benefits that IDAs can provide to low will be produced that could not have dressing some serious access problems income families that I have cospon- been produced by other, more general in the Medicare home health care pro- sored S. 895, the Savings for Working means, and in areas where there were gram. Senator JEFFORDS’ legislation, Families Act written by my colleagues, no savings before. the Preserving Access to Care in the Senators LIEBERMAN and SANTORUM. Finally, IDAs have a successful track Home (PATCH) Act of 1999, contains Similar to 401(k) plans, IDAs will make record we should not ignore. IDAs are several important provisions to ensure it easier for low income families to working now in our communities and that all Medicare beneficiaries have ac- build the financial assets they need to they are having a tremendous effect on cess to home health services. achieve their economic goals. But families who choose to save for the fu- Mr. President, I have been working availability is not enough. We also ture. There are already 150 active IDA to promote the availability of home must empower the working poor in programs around the country, with at care and long-term care options for my America to make use of this important least another 100 in development. Ap- entire public life. I believe it is vitally economic tool. That is why a second proximately 3,000 people are regularly important that we in Congress work to key component of the IDA concept con- saving in their IDAs. The CFED has enable people to stay in their own sists of financial education and coun- compiled encouraging evidence from homes. Ensuring the availability of seling services to IDA account-holders. their IDA pilot programs showing that home health services is integral to pre- These services will allow IDA users to poor people, with proper incentives and S8370 CONGRESSIONAL RECORD — SENATE July 13, 1999 support will save regularly and acquire cludes all of New London County, Con- can we correct it? The main obstacle to productive assets. There are almost necticut. Rhode Island’s entire north- federal locality pay in Rhode Island is 1,000 families participating in CFEDs ern border is adjacent to the Boston- the federal government’s use of county privately funded IDA demonstration Worcester-Lawrence locality pay area, data to determine the eligibility of and as of December 31, 1998 these fami- which includes the towns of Douglas, ‘‘Areas of Application’’ to existing pay lies saved over $165,000, an amount Uxbridge, Millville, and Blackstone in localities. First of all, I would note which leveraged another $343,000 in Worcester County, Massachusetts; and that Rhode Island has no county gov- matching funds. all of Norfolk County, Massachusetts. ernments, and the Federal Salary IDAs are already a tremendous suc- The Boston pay locality even reaches Council’s use of county data is, there- cess. But, unless additional resources around the state of Rhode Island to en- fore, impractical and arbitrary. Sec- can be found to provide the matching compass the adjacent town of Thomp- ondly, the criteria for application are contributions so essential for IDAs to son, Connecticut, which lies directly structured in such a way that our state succeed, most low income families will west of Woonsocket, Rhode Island, on cannot become eligible. To be consid- never have the opportunity to save and the opposite side of our state from Bos- ered, a county must be contiguous to a build assets for the future. The major ton. Finally, Rhode Island’s eastern pay locality; contain at least 2,000 Gen- factor in delaying the creation of IDAs border is separated from the Boston lo- eral Schedule employees; have a sig- in the 100 communities mentioned cality pay area by as little as four nificant level of urbanization; and dem- above is the lack of a funding source miles. onstrate some economic linkage with that can provide the needed matching One facility within a few miles of the the pay locality, defined as commuting contributions. Our tax cut bill will and Boston locality pay area, the Naval at a level of 5% or more into or from should provide nearly $800 billion in Undersea Warfare Center in Newport— the areas in question. tax cuts over the next ten years. I be- a premier Navy R&D laboratory with Mr. CHAFEE. If the Senator will lieve that, within this bill, we should world class facilities and progressive yield, I would point out that in our make a small investment of only $5–$10 employee benefits—has seen its start- state, Newport County surpasses the billion in IDAs. This would ensure that ing salaries continue to fall below the employee requirement but is not con- millions of working, low income fami- industry average. As a result, the Cen- tiguous to a pay locality because the lies who want to work and save for ter’s acceptance rate has dropped to President’s Pay Agent excluded the their first home, provide a post-sec- approximately 40% and the average towns of Westport and Fall River, Mas- ondary education for a child, or start a GPA of new employees is down. sachusetts from the Boston-Worcester- small business could establish their The Federal Salary Council’s eligi- Lawrence pay locality. As a result, less own IDA accounts. bility criteria have created what I fre- than four miles separate the 3,700 Fed- I strongly encourage the Senate Fi- quently refer to as a ‘‘donut hole’’ in eral employees in Newport County nance Committee to look closely at locality pay in our region that leaves from the locality pay provided to em- IDAs as a means of helping low income thousands of federal employees in ployees in the Boston pay locality. families build the financial assets they Rhode Island with a minus 3.45% pay Given our State’s extremely small need to achieve the American Dream. differential in 1999 when compared to size and, as the Senator mentioned, the f federal employees just a few miles to fact that Rhode Island has no county the north, east, and west. governments, the Salary Council’s use FAIRNESS FOR FEDERAL Mr. CHAFEE. Will the Senator yield? of county data is inappropriate. The WORKERS IN RHODE ISLAND Mr. REED. I will be happy to yield to total land area of Rhode Island is only Mr. REED. Mr. President, I rise the senior Senator from Rhode Island. about two-thirds the size of Worcester today to address an issue of critical im- Mr. CHAFEE. It is no wonder that County, Massachusetts, nearly all of portance to nearly 6,000 federal work- Federal agencies in Rhode Island have which falls inside the Boston pay local- ers in the state of Rhode Island and to trouble recruiting and retaining quali- ity. As long as the Pay Agent applies the agencies that employ them. fied employees given the very short its criteria on a county-by-county The absence of federal locality pay travel time to the higher-paying Bos- basis, no part of Rhode Island will be for workers in Rhode Island has cre- ton or Hartford locality pay areas. eligible for a higher level of locality ated serious recruitment and retention Most Americans know that Rhode Is- pay, and existing Federal pay dispari- problems for federal offices due to the land is the smallest state in the nation, ties between Rhode Island and its substantial federal pay differential be- but I think it is worth emphasizing neighbors will continue to degrade Fed- tween Rhode Island and the neigh- just how small the dimensions are, and eral services in our state. boring states of Massachusetts and the impact that has on commuting pat- Simply put, the FEPCA law was in- Connecticut. terns in our region. tended to resolve a public-private pay Let me briefly give the background It is only 35 miles from the eastern disparity. In southern New England, on this complex issue. Nine years ago, edge of the Hartford locality pay area however, it has created a public-public Congress enacted the Federal Employ- in Connecticut to the Boston locality pay disparity. ees Pay Comparability Act of 1990 to pay area in Dartmouth, Massachusetts. Mr. REED. The Senator is absolutely correct disparities between Federal and In between, a little more than 30 miles right. And to remedy this situation, private salaries. The Act authorized across, is the state of Rhode Island and the bill we have introduced, S. 1313, the the President to grant interim geo- 3,700 federal employees without local- Rhode Island Federal Worker Fairness graphic pay adjustments of up to 8% in ity pay in Newport County. Where is Act, will require the President’s Pay certain areas with significant pay dis- the incentive for a federal employee Agent to consider the State of Rhode parities during 1991–1993. Beginning in living in central Rhode Island to con- Island as one county strictly for the 1994, the Act provided for a nationwide tinue working for a federal agency in purposes of locality pay. We believe system of locality pay intended to our state when he or she could drive this bill will enable Rhode Island, the close the gap between Federal and pri- less than 20 miles in any direction and smallest state in the nation and about vate salaries over a nine-year period. receive a nearly 4% raise? the same size as the average county in Unfortunately, implementation of Mr. REED. The Senator is correct. the United States, to apply for locality the Act has created significant pay dis- This situation makes no sense given pay on an equal footing with county parities among Federal employees in the similar cost of labor across south- governments in other parts of the southern New England, in particular ern New England and the unusually country. between Federal employees in Rhode heavy commuting patterns between We look forward to working with the Island and those in Massachusetts and Rhode Island and the Boston and Hart- distinguished Chairman of the Govern- Connecticut. ford pay localities, especially with the mental Affairs Committee, Senator Rhode Island is literally surrounded Boston area. It is only 45 miles from THOMPSON, and the Committee’s rank- by locality pay areas. On its western Providence to downtown Boston. ing member, Senator LIEBERMAN, in border, Rhode Island is adjacent to the The question before us now is, how our effort to reduce the inequities Hartford locality pay area, which in- did we get into this situation, and how among Federal employees in our region July 13, 1999 CONGRESSIONAL RECORD — SENATE S8371 and enable federal offices in Rhode Is- tive for the concurrence of the Senate, abled, transmitting, pursuant to law, the re- land to attract and retain qualified em- was read the first and second times by port of a rule entitled ‘‘Additions to the Pro- ployees. unanimous consent and referred as in- curement List’’, received July 6, 1999; to the I yield the floor. Committee on Governmental Affairs. dicated: EC–4153. A communication from the Assist- f H.R. 592. An act to designate a portion of ant Secretary, Legislative Affairs, Depart- MESSAGE FROM THE PRESIDENT Gateway National Recreation Area as ment of State, transmitting, pursuant to ‘‘World War Veterans Park at Miller Field’’; law, a report relative to the elimination of A message from the President of the to the Committee on Energy and Natural Re- the danger pay allowance for the Central Af- United States was communicated to sources. rican Republic; to the Committee on Foreign the Senate by Mr. Williams, one of his The following concurrent resolution Relations. secretaries. was read and referred as indicated: EC–4154. A communication from the Assist- ant Secretary, Legislative Affairs, Depart- EXECUTIVE MESSAGE REFERRED H. Con. Res. 107. Concurrent resolution ex- ment of State, transmitting, a report of the As in executive session the Presiding pressing the sense of Congress rejecting the International Labor Organization relative to Officer laid before the Senate a mes- conclusions of a recent article published by general conditions to stimulate job creation the American Psychological Association sage from the President of the United in small and medium-sized enterprises; to that suggests that sexual relationships be- States submitting a treaty which was the Committee on Foreign Relations. referred to the Committee on Foreign tween adults and children might be positive EC–4155. A communication from the Presi- Relations. for children. dent of the United States, transmitting, pur- f f suant to law, a report of a safeguard action EXECUTIVE AND OTHER on imports of lamb meat; to the Committee REPORT ON THE NATIONAL EMER- on Finance. GENCY CONCERNING WEAPONS COMMUNICATIONS EC–4156. A communication from the Chief, OF MASS DESTRUCTION—MES- The following communications were Regulations Unit, Internal Revenue Service, SAGE FROM THE PRESIDENT— laid before the Senate, together with Department of the Treasury, transmitting, PM 47 accompanying papers, reports, and doc- pursuant to law, the report of a rule entitled uments, which were referred as indi- ‘‘Regulations under Section 1502 of the Inter- The PRESIDING OFFICER laid be- nal Revenue Code of 1986; Limitations on Net fore the Senate the following message cated: Operating Loss Carryforwards and Certain from the President of the United EC–4144. A communication from the Sec- Built-in Losses and Credits Following an States, together with an accompanying retary of Defense, transmitting, the report of Ownership Change of a Consolidated Group’’ report; which was referred to the Com- a retirement; to the Committee on Armed (RIN1545–AU32) (TD8824), received June 29, Services. mittee on Banking, Housing, and 1999; to the Committee on Finance. EC–4145. A communication from the Sec- EC–4157. A communication from the Chief, Urban Affairs. retary of Defense, transmitting, the report of Regulations Unit, Internal Revenue Service, To the Congress of the United States: a retirement; to the Committee on Armed Department of the Treasury, transmitting, As required by section 204 of the Services. pursuant to law, the report of a rule entitled EC–4146. A communication from the Chair- ‘‘Regulations under Section 382 of the Inter- International Emergency Economics man and Chief Executive Officer, Farm Cred- Powers Act (50 U.S.C. 1703(c)) and sec- nal Revenue Code of 1986; Application of Sec- it Administration, transmitting, pursuant to tion 382 in Short Taxable Years and with Re- tion 401(c) of the National Emergencies law, the annual report of the Farm Credit spect to Controlled Groups’’ (RIN1545–AU33) Act (50 U.S.C. 1641(c)), I transmit here- System for calendar year 1998; to the Com- (TD8825), received June 29, 1999; to the Com- with a 6-month report on the national mittee on Agriculture, Nutrition, and For- mittee on Finance. emergency declared by Executive Order estry. EC–4158. A communication from the Chief, 12938 of November 14, 1994, in response EC–4147. A communication from the Direc- Regulations Unit, Internal Revenue Service, to the threat posed by the proliferation tor, Retirement and Insurance Services, Of- Department of the Treasury, transmitting, of nuclear, biological, and chemical fice of Personnel Management, transmitting, pursuant to law, the report of a rule entitled pursuant to law, the report of a rule entitled weapons (‘‘weapons of mass destruc- ‘‘Removal of Regulations Providing Guid- ‘‘Federal Employees Health Benefits Pro- ance under Subpart F Relating to Partner- tion’’) and of the means of delivering gram and Department of Defense Demonstra- ships and Branches’’ (TD8827), received July such weapons. tion Project-Amendments to 48 CFR, Chap- 9, 1999; to the Committee on Finance. WILLIAM J. CLINTON. ter 16’’ (RIN3206–AI67), received July 12, 1999; EC–4159. A communication from the Chief THE WHITE HOUSE, July 13, 1999. to the Committee on Governmental Affairs. Counsel, Fiscal Service, Bureau of the Public f EC–4148. A communication from the Direc- Debt, Department of the Treasury, transmit- tor, Retirement and Insurance Services, Of- ting, pursuant to law, the report of a rule en- MESSAGE FROM THE HOUSE fice of Personnel Management, transmitting, titled ‘‘Final Rule to Amend 31 CFR Parts At 2 p.m., a message from the House pursuant to law, the report of a rule entitled 315, 353, 357, and 370 to Consolidate Provi- of Representatives, delivered by Mr. ‘‘Federal Employees Health Benefits Pro- sions Relating to Electronic Transactions Hanrahan, one of its reading clerks, an- gram and Department of Defense Demonstra- and Funds Relating to United States Securi- tion Project-Amendments to 5 CFR, Part 890 nounced that the House has passed the ties,’’ received July 6, 1999; to the Committee (RIN3206–AI67), received July 12, 1999; to the on Finance. following bill, in which it requests the Committee on Governmental Affairs. EC–4160. A communication from the Direc- concurrence of the Senate: EC–4149. A communication from the Execu- tor, Policy Directives and Instructions H.R. 2035. An act to correct errors in the tive Director, Committee for the Purchase Branch, Immigration and Naturalization authorizations of certain programs adminis- from People who are Blind or Severely Dis- Service, Department of Justice, transmit- tered by the National Highway Traffic Ad- abled, transmitting, pursuant to law, the re- ting, pursuant to law, the report of a rule en- ministration. port of a rule entitled ‘‘Additions to and De- titled ‘‘Canadian Border Boat Landing Pro- The message also announced that the letions from the Procurement List’’, re- gram’’ (RIN1115–AE53) (INS No. 1796–96), re- House has agreed to the following con- ceived July 12, 1999; to the Committee on ceived July 8, 1999; to the Committee on the current resolutions, in which it re- Governmental Affairs. Judiciary. EC–4150. A communication from the Acting EC–4161. A communication from the Prin- quests the concurrence of the Senate: Deputy Director for Management, Office of cipal Deputy Director, Office of Community H. Con. Res. 107. Concurrent resolution ex- Management and Budget, Executive Office of Oriented Policing Services, Department of pressing the sense of Congress rejecting the the President, transmitting, pursuant to Justice, transmitting, pursuant to law, the conclusions of a recent article published by law, a report entitled ‘‘Electronic Pur- report of a rule entitled ‘‘Police Recruitment the American Psychological Association chasing and Payment in the Federal Govern- Program Guidelines’’ (RIN11015–AAE58), re- that suggests that sexual relationships be- ment’’; to the Committee on Governmental ceived July 6, 1999; to the Committee on the tween adults and children might be positive Affairs. Judiciary. for children. EC–4151. A communication from the Public EC–4162. A communication from the Chair- H. Con. Res. 117. Concurrent resolution Printer, Government Printing Office, trans- man, Federal Energy Regulatory Commis- concerning United Nations General Assem- mitting, pursuant to law, the report of the sion, transmitting, pursuant to law, the an- bly Resolution ES–10/6. Office of Inspector General for the period Oc- nual report for fiscal year 1998; to the Com- f tober 1, 1998, through March 31, 1999; to the mittee on Energy and Natural Resources. MEASURES REFERRED Committee on Governmental Affairs. EC–4163. A communication from the Acting EC–4152. A communication from the Execu- Assistant Secretary, Land and Minerals The following bill, previously re- tive Director, Committee for the Purchase Management, Department of the Interior, ceived from the House of Representa- from People who are Blind or Severely Dis- transmitting, pursuant to law, the report of S8372 CONGRESSIONAL RECORD — SENATE July 13, 1999 a rule entitled ‘‘Electronic Reporting’’ suant to law, the annual report entitled ‘‘Im- portation, transmitting, pursuant to law, the (RIN1010–AC40), received June 30, 1999; to the porting Noncomplying Motor Vehicles’’ for report of a rule entitled ‘‘Safety/Security Committee on the Budget. calendar year 1998; to the Committee on Zone Regulations; Koechlin Wedding Fire- EC–4164. A communication from the Assist- Commerce, Science, and Transportation. works, Western Long Island Sound, Rye, New ant General Counsel for Regulatory Law. Of- EC–4175. A communication from the Spe- York (CGD01–99–030)’’ (RIN2115–AA97) (1999– fice of Procurement and Assistance Manage- cial Assistant to the Chief, Mass Media Bu- 0040), received July 8, 1999; to the Committee ment, Department of Energy, transmitting, reau, Federal Communications Commission, on Commerce, Science, and Transportation. pursuant to law, the report of a rule entitled transmitting, pursuant to law, the report of EC–4184. A communication from the Chief, ‘‘Consortium Buying’’ (AL 99–04), received a rule entitled ‘‘Amendment of Section Office of Regulations and Administrative July 12, 1999; to the Committee on Energy 73.202(b), Table of Allotments; FM Broadcast Law, US Coast Guard, Department of Trans- and Natural Resources. Stations; Shelby and Dutton Montana’’ (MM portation, transmitting, pursuant to law, the EC–4165. A communication from the Direc- Docket No. 99–63) (RM–9398), received July 8, report of a rule entitled ‘‘Safety/Security tor, Office of Regulatory Management, Office 1999; to the Committee on Commerce, Zone Regulations; Royal Handel Fireworks, of Acquisition and Materiel Management, Science, and Transportation. Boston, MA (CGD01–99–102)’’ (RIN2115–AA97) Department of Veterans Affairs, transmit- EC–4176. A communication from the Spe- (1999–0041), received July 8, 1999; to the Com- ting, pursuant to law, the report of a rule en- cial Assistant to the Chief, Mass Media Bu- mittee on Commerce, Science, and Transpor- titled ‘‘VA Acquisition Regulation: Taxes’’ reau, Federal Communications Commission, tation. (RIN2900–AJ32); to the Committee on Vet- transmitting, pursuant to law, the report of EC–4185. A communication from the Chief, erans’ Affairs. a rule entitled ‘‘Amendment of Section Office of Regulations and Administrative EC–4166. A communication from the Regu- 73.202(b), Table of Allotments; FM Broadcast Law, US Coast Guard, Department of Trans- lations Officer, Federal Highway Adminis- Stations; Lordsburg and Hurley, NM’’ (MM portation, transmitting, pursuant to law, the tration, Department of Transportation, Docket No. 98–222) (RM–9407), received July report of a rule entitled ‘‘Safety/Security transmitting, pursuant to law, the report of 8, 1999; to the Committee on Commerce, Zone Regulations; Madison 4th of July Cele- a rule entitled ‘‘National Standards for Traf- Science, and Transportation. bration, Long Island Sound (CGD01–99–092)’’ fic Control Devices; Metric Conversion and EC–4177. A communication from the Spe- (RIN2115–AA97) (1999–0042), received July 8, Correction of Effective Date’’ (RIN2125– cial Assistant to the Chief, Mass Media Bu- 1999; to the Committee on Commerce, AD63), received July 8, 1999; to the Com- reau, Federal Communications Commission, Science, and Transportation. mittee on Environment and Public Works. transmitting, pursuant to law, the report of EC–4186. A communication from the Chief, EC–4167. A communication from the Direc- a rule entitled ‘‘Amendment of Section Office of Regulations and Administrative tor, Office of Regulatory Management and 73.202(b), Table of Allotments; FM Broadcast Law, US Coast Guard, Department of Trans- Information, Office of Policy, Planning and Stations; Madison, Indiana’’ (MM Docket No. portation, transmitting, pursuant to law, the Evaluation, Environmental Protection Agen- 98–105) (RM–9295), received July 8, 1999; to the report of a rule entitled ‘‘Safety/Security cy, transmitting, pursuant to law, the report Committee on Commerce, Science, and Zone Regulations; T E L Enterprises Fire- of a rule entitled ‘‘Approval and Promulga- Transportation. works Display, Great South Bay Off Davis tion of Implementation Plan; Illinois’’ (FRL EC–4178. A communication from the Spe- Park, NY (CGD01–99–115)’’ (RIN2115–AA97) #6374–1), received July 8, 1999; to the Com- cial Assistant to the Chief, Mass Media Bu- (1999–0044), received July 8, 1999; to the Com- mittee on Environment and Public Works. reau, Federal Communications Commission, mittee on Commerce, Science, and Transpor- EC–4168. A communication from the Direc- transmitting, pursuant to law, the report of tation. tor, Office of Regulatory Management and EC–4187. A communication from the Chief, a rule entitled ‘‘Amendment of Section Information, Office of Policy, Planning and Office of Regulations and Administrative 73.202(b), Table of Allotments; FM Broadcast Evaluation, Environmental Protection Agen- Law, US Coast Guard, Department of Trans- Stations; Belfield, ND; Medina, ND; Bur- cy, transmitting, pursuant to law, the report portation, transmitting, pursuant to law, the lington, ND; Hazelton, ND; Gacke, ND; New of a rule entitled ‘‘Approval and Promulga- report of a rule entitled ‘‘Rules of Practice, England, ND’’ (MM Docket Nos. 98–224; 98– tion of State Plans for Designated Facilities Procedure, and Evidence for Administrative 225; 98–226; 98–230; 98–231; 98–232), received and Pollutants: Massachusetts; Plan for Con- Proceedings of the Coast Guard (USCG–1998– July 8, 1999; to the Committee on Commerce, trolling MWC Emissions from Existing MWC 3472)’’ (RIN2115–AF59) (1999–0002), received Plants’’ (FRL #6377–1), received July 8, 1999; Science, and Transportation. July 8, 1999; to the Committee on Commerce, EC–4179. A communication from the Spe- to the Committee on Environment and Pub- Science, and Transportation. lic Works. cial Assistant to the Chief, Mass Media Bu- EC–4188. A communication from the Chief, EC–4169. A communication from the Direc- reau, Federal Communications Commission, Office of Regulations and Administrative tor, Office of Regulatory Management and transmitting, pursuant to law, the report of Law, US Coast Guard, Department of Trans- Information, Office of Policy, Planning and a rule entitled ‘‘Amendment of Section portation, transmitting, pursuant to law, the Evaluation, Environmental Protection Agen- 73.202(b), Table Allotments; FM Broadcast report of a rule entitled ‘‘Safety/Security cy, transmitting, pursuant to law, the report Stations; Buda and Giddings, Texas’’ (MM Zone Regulations; Technical Amendments to of a rule entitled ‘‘National Emission Stand- Docket No. 99–69), received July 8, 1999; to USCG Regulations to Update RIN Numbers; ards for Hazardous Air Pollutants for Source the Committee on Commerce, Science, and Correction’’ (RIN2115–AA97) (1999–0046), re- Categories: Off-Site Waste and Recovery’’ Transportation. ceived July 8, 1999; to the Committee on (FRL #6377–5), received July 9, 1999; to the EC–4180. A communication from the Spe- Commerce, Science, and Transportation. Committee on Environment and Public cial Assistant to the Chief, Mass Media Bu- EC–4189. A communication from the Chief, Works. reau, Federal Communications Commission, Office of Regulations and Administrative EC–4170. A communication from the Direc- transmitting, pursuant to law, the report of Law, US Coast Guard, Department of Trans- tor, Office of Congressional Affairs, Office of a rule entitled ‘‘Amendment of Section portation, transmitting, pursuant to law, the State Programs, Nuclear Regulatory Com- 73.606(b), Table of Allotments; TV Broadcast report of a rule entitled ‘‘Drawbridge Regu- mission, transmitting, pursuant to law, the Stations; El Dorado and Camden, Arkansas’’ lations; Harbour Town Fireworks Display, report of a rule entitled ‘‘NRC Management (MM Docket No. 99–4569) (RM 9401), received Calibogue Sound, Hilton Head, SC (CGD13– Directive 5.6, ‘Integrated Materials Perform- July 8, 1999; to the Committee on Commerce, 99–007)’’ (RIN2115–AE47) (1999–0026), received ance Evaluation Program’ ’’, received July Science, and Transportation. July 8, 1999; to the Committee on Commerce, 12, 1999; to the Committee on Environment EC–4181. A communication from the Chief, Science, and Transportation. and Public Works. Office of Regulations and Administrative EC–4190. A communication from the Chief, EC–4171. A communication from the Sec- Law, US Coast Guard, Department of Trans- Office of Regulations and Administrative retary of Health and Human Services, trans- portation, transmitting, pursuant to law, the Law, US Coast Guard, Department of Trans- mitting, a draft of proposed legislation enti- report of a rule entitled ‘‘Revise Fees to portation, transmitting, pursuant to law, the tled ‘‘Medicaid and Children’s Health Insur- Number Undocumented Vessels in Alaska report of a rule entitled ‘‘Safety/Security ance Program Amendments of 1999’’; to the (USCG–1998–3386)’’ (RIN2115–AF62) (1999–0001), Zone Regulations; Staten Island Fireworks, Committee on Finance. received July 8, 1999; to the Committee on Raritan Bay and Lower New York Bay EC–4172. A communication from the Ad- Commerce, Science, and Transportation. (CGD01–99–083)’’ (RIN2115–AA97) (1999–0045), ministrator, Small Business Administration, EC–4182. A communication from the Chief, received July 8, 1999; to the Committee on transmitting, a draft of proposed legislation Office of Regulations and Administrative Commerce, Science, and Transportation. entitled ‘‘The Small Business Programs En- Law, US Coast Guard, Department of Trans- f hancement Act of 1999’’; to the Committee portation, transmitting, pursuant to law, the on Small Business. report of a rule entitled ‘‘Safety/Security PETITIONS AND MEMORIALS EC–4173. A communication from the Sec- Zone Regulations; Fenwick Fireworks Dis- The following petitions and memo- retary of Housing and Urban Development, play, Long Island Sound (CGD01–99–095)’’ rials were laid before the Senate and transmitting, a draft of proposed legislation (RIN2115–AA97) (1999–0043), received July 8, relative to the President’s fiscal year 2000 1999; to the Committee on Commerce, were referred or ordered to lie on the budget; to the Committee on Banking, Hous- Science, and Transportation. table as indicated: ing, and Urban Affairs. EC–4183. A communication from the Chief, POM–248. A resolution adopted by the Mu- EC–4174. A communication from the Sec- Office of Regulations and Administrative nicipal Assembly of Isabela, Puerto Rico rel- retary of Transportation, transmitting, pur- Law, US Coast Guard, Department of Trans- ative to U.S. Navy activity around the Island July 13, 1999 CONGRESSIONAL RECORD — SENATE S8373 of Vieques, Puerto Rico; to the Committee DANGEROUS EXPLOSIVES BACKGROUND CHECKS straining orders, has already processed on Energy and Natural Resources. REQUIREMENT ACT more than 3.7 million background f Mr. TORRICELLI. Mr. President, checks and has stopped more than every year, thousands of people are INTRODUCTION OF BILLS AND 39,000 felons and other prohibited per- killed or maimed because of the use or JOINT RESOLUTIONS sons from getting guns. In so doing, it misuse of illegal explosive devices, and has undoubtedly saved lives and pre- The following bills and joint resolu- millions of dollars in property is lost. vented crimes from occurring. tions were introduced, read the first Between 1991 and 1995, there were more Once again, it is time to bring the ex- and second time by unanimous con- than 14,000 actual and attempted crimi- plosives law into line with gun laws by sent, and referred as indicated: nal bombings. Three hundred and twen- taking advantage of the success of the By Mr. HELMS: ty-six people were killed in those inci- NICS system and expanding its use to S. 1352. A bill to impose conditions on as- dents and another 2,970 injured. More include explosives purchases. In so sistance authorized for North Korea, to im- pose restrictions on nuclear cooperation and than $6 million in property damage re- doing, we will make it harder for many other transactions with North Korea, and for sulted. of the most dangerous or least account- other purposes; to the Committee on Foreign One bombing in particular, is carved able members of society to obtain ma- Relations. into the national memory. On the terials which can result in a great loss By Mr. TORRICELLI: morning of April 19, 1995, in one hor- of life. My hope is that this bill will, in S. 1353. A bill to combat criminal misuse of rible moment, an explosion devastated some small way, prevent future bomb- explosives; to the Committee on the Judici- the Alfred P. Murrah Federal Building ings—whether by terrorists of symbolic ary. targets, malcontents of random ones, By Mr. KOHL (for himself and Mr. in Oklahoma City, OK, and took the FEINGOLD): lives of 168 Americans. This tragedy, or even spouses involved in marital dis- S. 1354. A bill to provide for the eventual together with the bombing of the putes. termination of milk marketing orders; to the World Trade Center in New York, took I hope we can quickly move to get Committee on Agriculture, Nutrition, and the lives of many innocent men, this passed and protect Americans Forestry. women, and children, left others per- from future acts of explosive destruc- By Mr. DODD (for himself, Mr. KEN- manently scarred, and caused great tion. I ask unanimous consent that a NEDY, Mr. LEAHY, and Mrs. MURRAY): copy of the legislation appear in the S. 1355. A bill to establish demonstration suffering for the families of the vic- projects to provide family income to respond tims—as well as all of America. These RECORD. to significant transitions, and for other pur- crimes were intended to tear the very There being no objection, the bill was poses; to the Committee on Health, Edu- fabric of our society; instead, their ordered to be printed in the RECORD, as cation, Labor, and Pensions. tragic consequences served to strength- follows: By Mr. MOYNIHAN (for himself and en our resolve to stand firm against S. 1353 Mr. SCHUMER): the insanity of terrorism and the Be it enacted by the Senate and House of Rep- S. 1356. A bill to amend the Marine Protec- resentatives of the United States of America in tion, Research, and Sanctuaries Act of 1972 criminal use of explosives. In the wake of the Oklahoma City Congress assembled, to clarify the limitation on the dumping of SECTION 1. SHORT TITLE. dredged material in Long Island Sound; to bombing, I was stunned—as were This Act may be cited as the ‘‘Dangerous the Committee on Environment and Public many—to learn how few restrictions on Explosives Background Checks Requirement Works. the use and sale of explosives really Act’’. By Mr. JEFFORDS: exist. I soon after introduced legisla- SEC. 2. PERMITS AND BACKGROUND CHECKS S. 1357. A bill to amend the Internal Rev- FOR PURCHASES OF EXPLOSIVES. enue Code of 1986 to enhance the portability tion to take a first step towards pro- tecting the American people from (a) PERMITS FOR PURCHASE OF EXPLOSIVES of retirement benefits, and for other pur- IN GENERAL.— poses; to the Committee on Finance. those who would use explosives to do (1) IN GENERAL.—Section 842 of title 18, By Mr. JEFFORDS (for himself, Mr. them harm. That bill, the Explosives United States Code, is amended— REED, Mr. ENZI, and Mr. LEAHY): Protection Act, would bring explosives (A) in subsection (a)(3), by striking sub- S. 1358. A bill to amend title XVIII of the law into line with gun laws. Specifi- paragraphs (A) and (B) and inserting the fol- Social Security Act to provide more equi- cally, it would take the list of cat- lowing: table payments to home health agencies ‘‘(A) to transport, ship, cause to be trans- under the medicare program; to the Com- egories of people who cannot obtain ported, or receive any explosive materials; or mittee on Finance. firearms and would add any of those ‘‘(B) to distribute explosive materials to By Mr. HOLLINGS: categories not currently covered under S. 1359. A bill to amend chapter 51 of title the explosives law. any person other than a licensee or per- 49, United States Code, to extend the cov- Today, I am taking the next step by mittee.’’; and erage of the rules governing the transpor- (B) in subsection (b)— introducing the Dangerous Explosives (i) by adding ‘‘or’’ at the end of paragraph tation of hazardous materials, and for other Background Check Requirement Act purposes; to the Committee on Commerce, (1); Science, and Transportation. requiring background checks before (ii) by striking ‘‘; or’’ at the end of para- By Mr. LEAHY: the sale of explosives material iden- graph (2) and inserting a period; and S. 1360. A bill to preserve the effectiveness tical to those already mandated for (iii) by striking paragraph (3). of Secret Service protection by establishing firearms sales. Current law prohibits (2) REGULATIONS.— a protective function privilege, and for other felons and others from possessing ex- (A) IN GENERAL.—Not later than 180 days purposes; to the Committee on the Judici- plosives, but does little to actually after the date of enactment of this Act, the Secretary of the Treasury shall promulgate ary. stop these materials from getting into By Mr. STEVENS (for himself, Mr. final regulations with respect to the amend- the wrong hands. This failure defies INOUYE, Mr. LOTT, Mrs. FEINSTEIN, ments made by paragraph (1). Mr. AKAKA, and Mr. GRAHAM): logic when we already have a system in (B) NOTICE TO STATES.—On the promulga- S. 1361. A bill to amend the Earthquake place to facilitate background checks tion of final regulations under subparagraph Hazards Reduction Act of 1977 to provide for and assure that persons who are legally (A), the Secretary of the Treasury shall no- an expanded Federal program of hazard miti- prohibited from purchasing explosives tify the States of the regulations in order gation, relief, and insurance against the risk are not able to do so. that the States may consider legislation to of catastrophic natural disasters, such as In November, 1998, the National In- amend relevant State laws relating to explo- sives. hurricanes, earthquakes, and volcanic erup- stant Criminal Background Check Sys- tions, and for other purposes; to the Com- (b) BACKGROUND CHECKS.—Section 842 of mittee on Commerce, Science, and Transpor- tem (NICS) became operational. NICS title 18, United States Code, is amended by tation. is a new national database accessible adding at the end the following: f to licensed firearms dealers that allows ‘‘(p) BACKGROUND CHECKS.— them to perform over-the-counter ‘‘(1) DEFINITIONS.—In this subsection: STATEMENTS ON INTRODUCED background checks on potential fire- ‘‘(A) CHIEF LAW ENFORCEMENT OFFICER.— BILLS AND JOINT RESOLUTIONS arms purchasers. NICS, which checks The term ‘chief law enforcement officer’ means the chief of police, the sheriff, or an By Mr. TORRICELLI: national criminal history databases as equivalent officer or the designee of such an S. 1353. A bill to combat criminal well as information on other prohibited individual. misuse of explosives; to the Committee categories, such as illegal aliens and ‘‘(B) SYSTEM.—The term ‘system’ means on the Judiciary. persons under domestic violence re- the national instant criminal background S8374 CONGRESSIONAL RECORD — SENATE July 13, 1999 check system established under section 103 dividual is ineligible to receive explosive ma- license shall pay for each license a fee estab- of the Brady Handgun Violence Prevention terials and the individual requests the sys- lished by the Secretary in an amount not to Act (18 U.S.C. 922 note). tem to provide the reasons for the deter- exceed $300. Each applicant for a permit shall ‘‘(2) PROHIBITION.—A licensed importer, li- mination, the system shall provide such rea- pay for each permit a fee established by the censed manufacturer, or licensed dealer shall sons to the individual, in writing, not later Secretary in an amount not to exceed $100.’’. not transfer explosive materials to a than 5 business days after the date of the re- (e) PENALTIES.—Section 844(a) of title 18, permitee unless— quest. United States Code, is amended— ‘‘(A) before the completion of the transfer, ‘‘(B) CORRECTION OF ERRONEOUS SYSTEM IN- (1) by inserting ‘‘(1) after ‘‘(a)’’; and the licensee contacts the system; FORMATION.— (2) by adding at the end the following: ‘‘(B)(i) the system provides the licensee ‘‘(i) IN GENERAL.—If the system informs an ‘‘(2) BACKGROUND CHECKS.—A person who with a unique identification number; or individual contacting the system that re- violates section 842(p) shall be fined under ‘‘(ii) 5 days on which State offices are open ceipt of explosive materials by a prospective this title, imprisoned not more than 5 years, have elapsed since the licensee contacted the transferee would violate subsection (i) or ap- or both.’’. system, and the system has not notified the plicable State law, the prospective trans- (f) EFFECTIVE DATE.—The amendments licensee that the receipt of explosive mate- feree may request the Attorney General to made by subsections (a), (b), (c), and (e) take rials by the transferee would violate sub- provide the prospective transferee with the effect 18 months after the date of enactment section (i); reasons for the determination. of this Act. ‘‘(C) the transferor has verified the iden- ‘‘(ii) TREATMENT OF REQUESTS.—On receipt tity of the transferee by examining a valid a request under subparagraph (A), the Attor- By Mr. KOHL (for himself and identification document (as defined in sec- ney General shall immediately comply with Mr. FEINGOLD): tion 1028) of the transferee containing a pho- the request. S. 1354: A bill to provide for the even- tograph of the transferee; and ‘‘(iii) SUBMISSION OF ADDITIONAL INFORMA- tual termination of milk marketing or- ‘‘(D) the transferor has examined the per- TION.— ders; to the Committee on Agriculture, mit issued to the transferee under section 843 ‘‘(I) IN GENERAL.—A prospective transferee Nutrition, and Forestry. and recorded the permit number on the may submit to the Attorney General infor- record of the transfer. mation to correct, clarify, or supplement CONSUMER DAIRY RELIEF ACT ‘‘(3) IDENTIFICATION NUMBER.—If receipt of records of the system with respect to the Mr. KOHL. Mr. President, today I am explosive materials would not violate sec- prospective transferee. introducing the Consumers Dairy Re- tion 842(i) or State law, the system shall— ‘‘(II) ACTION BY THE ATTORNEY GENERAL.— lief Act, a bill that will save American ‘‘(A) assign a unique identification number After receipt of information under clause (i), consumers $500 million a year on their to the transfer; and the Attorney General shall— milk, cheese and dairy purchases. This ‘‘(B) provide the licensee with the number. ‘‘(aa) immediately consider the informa- ‘‘(4) EXCEPTIONS.—Paragraph (2) shall not legislation terminates the Federal tion; Milk Marketing Orders by the year apply to a transfer of explosive materials be- ‘‘(bb) investigate the matter further; and tween a licensee and another person if, on ‘‘(cc) correct all erroneous Federal records 2001. application of the transferor, the Secretary relating to the prospective transferee and Consumers are paying far more than has certified that compliance with paragraph give notice of the error to any Federal de- necessary for their dairy purchases be- (2)(A) is impracticable because— partment or agency or any State that was cause our current system encourages ‘‘(A) the ratio of the number of law en- the source of such erroneous records.’’. forcement officers of the State in which the milk production in high cost areas. Our (c) REMEDY FOR ERRONEOUS DENIAL OF EX- transfer is to occur to the number of square nation’s milk pricing laws, which were PLOSIVE MATERIALS.— miles of land area of the State does not ex- designed in the 1930’s, are seriously (1) IN GENERAL.—Chapter 40 of title 18, outdated and long overdue to be re- ceed 0.0025; United States Code, is amended by inserting ‘‘(B) the business premises of the licensee after section 843 the following: formed. Dairy farmers in Wisconsin at which the transfer is to occur are ex- have suffered under the present system tremely remote in relation to the chief law ‘‘§ 843A. Remedy for erroneous denial of ex- plosive materials for too long. Wisconsin loses, 1,500 enforcement officer; and dairy farmers a year, not because they ‘‘(C) there is an absence of telecommuni- ‘‘(a) IN GENERAL.—Any person denied ex- cations facilities in the geographical area in plosive materials under section 842(p)— are inefficient, but because a federal which the business premises are located. ‘‘(1) due to the provision of erroneous in- law discriminates against them by pre- ‘‘(5) INCLUSION OF IDENTIFICATION NUMBER.— formation relating to the person by any venting them from competing on a If the system notifies the licensee that the State or political subdivision of a State or level playing field. information available to the system does not by the national instant criminal background Opponents of this legislation will tell demonstrate that the receipt of explosive check system referred to in section 922(t); or you that we need to keep the present ‘‘(2) who was not prohibited from receiving materials by the transferee would violate system in order to maintain a fresh subsection (i) or State law, and the licensee explosive materials under section 842(i); milk supply in their states. While that transfers explosive materials to the trans- may bring an action against an entity de- feree, the licensee shall include in the record scribed in subsection (b) for an order direct- may have been true in the 1930’s, when of the transfer the unique identification ing that the erroneous information be cor- we lacked the refrigeration technology number provided by the system with respect rected or that the transfer be approved, as necessary to store and transport milk, to the transfer. the case may be. it is certainly not true today. We can ‘‘(6) PENALTIES.—If the licensee knowingly ‘‘(b) ENTITIES DESCRIBED.—An entity re- now easily and safely transport perish- transfers explosive materials to another per- ferred to in subsection (a) is the State or po- able milk and cheese products between son and knowingly fails to comply with para- litical subdivision responsible for providing regions of the United States. In fact, graph (2) with respect to the transfer, the the erroneous information referred to in sub- Secretary may, after notice and opportunity section (a)(1) or denying the transfer of ex- the industry has actually perfected the for a hearing— plosives or the United States, as the case system to such a degree that we now ‘‘(A) suspend for not more than 6 months may be. export cheese to countries around the or revoke any license issued to the licensee ‘‘(c) ATTORNEY’S FEES.—In any action world. under section 843; and brought under this section, the court, in its Mr. President, as the United States ‘‘(B) impose on the licensee a civil penalty discretion, may allow the prevailing party a expands its role in the export dairy of not more than $5,000. reasonable attorney’s fee as part of the market and enters into more trade ‘‘(7) NO LIABILITY.—Neither a local govern- costs.’’. agreements, our domestic agricultural ment nor an employee of the Federal Gov- (2) TECHNICAL AMENDMENT.—The analysis ernment or of any State or local govern- for chapter 40 of title 18, United States Code, policy is coming under intense scru- ment, responsible for providing information is amended by inserting after the item relat- tiny. Another reason to eliminate our to the system shall be liable in an action at ing to section 843 the following: antiquated milk pricing system is that law for damages— ‘‘843A. Remedy for erroneous denial of explo- it will give us another negotiating tool ‘‘(A) for failure to prevent the transfer of sive materials.’’. to use during the next round of WTO explosive materials to a person whose re- (d) LICENSES AND USER PERMITS.—Section discussions scheduled to take place in ceipt or possession of the explosive material 843(a) of title 18, United States Code, is Seattle this fall. is unlawful under this section; or amended— Our trading partners are growing in- ‘‘(B) for preventing such a transfer to a (1) by inserting ‘‘, including fingerprints creasingly concerned about the inter- person who may lawfully receive or possess and a photograph of the applicant’’ before explosive materials. the period at the end of the first sentence; vention of the federal government in ‘‘(8) DETERMINATION OF INELIGIBILITY.— and the pricing of milk. Earlier this month, ‘‘(A) WRITTEN REASONS PROVIDED ON RE- (2) by striking the second sentence and in- The Dutch Ministry of Agriculture, Na- QUEST.—If the system determines that an in- serting the following: ‘‘Each applicant for a ture Management and Fisheries said July 13, 1999 CONGRESSIONAL RECORD — SENATE S8375 they want to put the issue of USDA’s (A) by striking clause (i); More parents work today than every Federal Milk Marketing Orders and (B) by redesignating clauses (ii) and (iii) as before—fully 46 percent of workers are dairy compacts on the table for discus- clauses (i) and (ii), respectively; and parents. Nearly one in five employed sion at the next round of Agricultural (C) in the first sentence of clause (i) (as so parents. Nearly one in five employed discussions in Seattle this fall. redesignated), by striking ‘‘other com- modity’’ and inserting ‘‘commodity’’. parents are single, and among these 27 By passing this legislation and re- (5) Section 11 of the Agricultural Adjust- percent are single fathers. The number forming our milk pricing laws, we can ment Act (7 U.S.C. 611), reenacted with of parents who were employed in- eliminate another hurdle currently in amendments by the Agricultural Marketing creased from 18.3 million in 1985 to 24.1 the way of negotiating agricultural Agreement Act of 1937, is amended in the million in 1997. trade agreements that would open up first sentence by striking ‘‘and milk, and its One could argue whether these trends new markets for our farmers. products,’’. are going in the right direction. But no Mr. President, if the Senate decides (6) Section 715 of the Agriculture, Rural one can argue that they are the facts— to discuss reforming our milk pricing Development, Food and Drug Administra- the reality in which American families system, we must give serious consider- tion, and Related Agencies Appropriations live everyday. And, my view, that re- ation to eliminating the present sys- Act, 1994 (7 U.S.C. 608d note; Public Law 103– ality is where public policy must oper- tem. Today I have touched on a few of 111; 107 Stat. 1079), is amended by striking the third proviso. the reasons we need to scrap our cur- ate. (d) EFFECTIVE DATE.—The amendments Since 1986, I’ve worked, with many of rent milk pricing system. There are made by this section take effect on January many others, but I will save those for 1, 2001. my colleagues, to help working Ameri- another time. cans meet these demands and care for Mr. President, I ask unanimous con- By Mr. DODD (for himself, Mr. new children and their close family sent that the text of the bill be printed KENNEDY, Mr. LEAHY, and Mrs. members. In 1993, the Family and Med- in the RECORD. MURRAY): ical Leave Act was finally signed into There being no objection, the bill was S. 1355. A bill to establish demonstra- law, establishing a key safety net for ordered to be printed in the RECORD, as tion projects to provide family income America’s families. I couldn’t have follows: to respond to significant transitions, done it without the support of my col- S. 1354 and for other purposes; to the Com- leagues here in the Senate and the Be it enacted by the Senate and House of Rep- mittee on Health, Education, Labor, House, and without the support of the resentatives of the United States of America in and Pensions. President. Congress assembled, THE FAMILY INCOME TO RESPOND TO SIGNIFI- But let’s face it—the FMLA is like SECTION 1. EVENTUAL TERMINATION OF MILK CANT TRANSITIONS (FIRST) INSURANCE ACT 911 for working Americans. It provides MARKETING ORDERS. Ms. DODD. Mr. President. These last up to 12 weeks of unpaid leave to quali- (a) TERMINATION.—Notwithstanding the several weeks have been filled with implementation of the final decision for the fying employees for the birth or adop- consolidation and reform of Federal milk profound questions about the strength tion of a child, their own illness or the marketing orders, as required by section 143 of the American family and the pri- serious illness of a parent, child or of the Federal Agriculture Improvement and ority we place on our children and on spouse without fear of losing their jobs Reform Act of 1996 (7 U.S.C. 7253), effective meeting the responsibilities of parent- or health insurance. But the fact re- January 1, 2001, section 8c of the Agricul- hood. mains this leave is unpaid—and that is tural Adjustment Act (7 U.S.C. 608c), reen- In my view, we must start at the a high bar for most American families. acted with amendments by the Agricultural very beginning. We know that some of Marketing Agreement Act of 1937, is amend- While millions of Americans—many the key moments of parenthood are in estimate over twenty million fami- ed by striking paragraphs (5) and (18). the first days and weeks of a child’s (b) PROHIBITION ON SUBSEQUENT ORDERS RE- lies—have benefitted from the law and GARDING MILK.—Section 8c(2) of the Agricul- life. These are the moments when par- have taken the time they needed, for tural Adjustment Act (7 U.S.C. 608c(2)), reen- ents fall in love with their children— many it has been at major financial acted with amendments by the Agricultural when they learn the feel of their soft cost. In fact, taking an unpaid leave Marketing Agreement Act of 1937, is amend- hair, the joy of their touch and the im- often drives employees earning low ed in the first sentence— mense peacefulness of their sleeping (1) in subparagraph (A), by striking ‘‘Milk, wages into poverty. Twenty-one per- faces. cent of low-wage earners who take a fruits’’ and inserting ‘‘Fruits’’; and These emotional bonds carry parents (2) in subparagraph (B), by inserting leave without full wage replacement and children through all the chal- ‘‘milk,’’ after ‘‘honey,’’. wind up on public assistance; 40 per- lenging years that intervene between (c) CONFORMING AMENDMENTS.— cent cut their leaves short because of infancy and adulthood—from the ter- (1) Section 2(3) of the Agricultural Adjust- financial concerns; 39 percent put off ment Act (7 U.S.C. 602(3), reenacted with rible twos to adolescence. amendments by the Agricultural Marketing Research tells us this bonding with paying bills; and, 25 percent borrow Agreement Act of 1937, is amended by strik- parents is critical to a child’s emo- money. ing ‘‘, other than milk and its products,’’. tional, cognitive, and physical develop- And there are many more families (2) Section 8c of the Agricultural Adjust- ment. Scientists have produced vivid who do not take a needed leave because ment Act (7 U.S.C. 608c), reenacted with they can’t afford it. Nearly two-thirds amendments by the Agricultural Marketing pictures of children’s functioning brains—so not only do we know, we can of employees who need to take a family Agreement Act of 1937, is amended— or medical leave, but do not do so, re- (A) in paragraph (6), by striking ‘‘, other also see that there is a difference be- than milk and its products,’’; tween the way the brain of a neglected port that the reason they did not take (B) in paragraph (7)(B), by striking ‘‘(ex- child and the brain of a nurtured child the leave was that they could not af- cept for milk and cream to be sold for con- works. ford it. These are families with brand sumption in fluid form)’’; Parents bonding with their children new children or where a spouse, parent (C) in paragraph (11)(B), by striking ‘‘Ex- is not something one can mandate by or child is seriously ill. cept in the case of milk and its products, or- law—but we must make sure that our Many employers do provide workers ders’’ and inserting ‘‘Orders’’; policies support parents in these early with some pay during these difficult (D) in paragraph (13)(A), by striking ‘‘, ex- times—but the benefit of these policies cept to a retailer in his capacity as a retailer days. And frankly, today as we sit on of milk and its products’’; and the cusp of the next millennium, we is not distributed equally. Employees (E) in paragraph (17), by striking the sec- offer parents very limited support at with less education, lower income, fe- ond proviso. this most critical time. male employees, employees from racial (3) Section 8d(2) of the Agricultural Adjust- Today’s working parents have less minority groups and younger employ- ment Act (7 U.S.C. 608d(2)), reenacted with time to spend with their infants than ees are less likely to receive any in- amendments by the Agricultural Marketing past generations. Compared to 30 years come during leaves. Agreement Act of 1937, is amended by strik- ago, there has been an average decrease Our nation is a leader in so many ing the second sentence. (4) Section 10(b)(2) of the Agricultural Ad- of 22 hours per week in time that par- areas. And yet not when it comes to justment Act (7 U.S.C. 610(b)), reenacted ents spend with their children. That is helping families balance the respon- with amendments by the Agricultural Mar- nearly one day out of every week—or 52 sibilities of work and home. Nearly keting Agreement Act of 1937, is amended— days a year. every industrialized nation other than S8376 CONGRESSIONAL RECORD — SENATE July 13, 1999 the United States, as well as most de- giving needs, such as taking time to SECTION 1. SHORT TITLE. veloping nations, provide parents with care for an ill parent, spouse or child, This Act may be cited as the ‘‘Family In- paid leave for infant care. or to support parents who choose to come to Respond to Significant Transitions I believe that we should learn from stay home with an infant. Insurance Act’’. these nations, our own experiences, and These would be state or community- SEC. 2. FINDINGS. the calls of American families and pro- based projects, entirely voluntary—in Congress finds that— vide parents with the means to access no way mandated by federal law. Clear- (1) nearly every industrialized nation other ly, there is already much going on in than the United States, and most developing desperately needed leave to care for nations, provide parents with paid leave for new babies. This effort cannot be out of this area. Thousands of employers offer infant care; reach for a nation as rich and pros- their employees and their families paid (2)(A) parents’ interactions with their in- perous as our own. leave. There are private insurance sys- fants have a major influence on the physical, The bi-partisan Commission on tems that cover wages in various cir- cognitive, and social development of the in- Leave, established as a part of the cumstances including the birth of a fants; and Family and Medical Leave Act and new child. There are state and local (B) optimal development of an infant de- which I chaired, recommended further dollars that supplement the incomes of pends on a strong attachment between an in- new families as well as protect families fant and the infant’s parents; consideration and exploration of paid 2 at other times of economic crisis. (3) nearly ⁄3 of employees, who need to leave policies. Specifically, and I quote take family or medical leave, but do not from the unanimous recommendations These federal dollars would leverage take the leave, report that they cannot af- of the Commission, ‘‘the Commission these state, private and other dollars ford to take the leave; recommends that the development of a to expand access to paid leave to more (4) although some employees in the United uniform system of wage replacement parents. States receive wage replacement during peri- for periods of family and medical leave The demonstrations funded will form ods of family or medical leave, the benefit of be given serious consideration by em- the basis of a large-scale investigation wage replacement is not shared equally in ployers, employee representatives and of the most effective way to provide the workforce, as demonstrated by the fact support to families at these critical that— others.’’ The Commission went on to (A) employees with less education and recommend that we should look to ex- times in a family’s life. Key questions to be answered include the costs of lower income are less likely to receive wage panding employer-provided systems of replacement than employees with more edu- paid leave, and expanding state sys- these projects, the reach and the im- cation and higher salaries; and tems like unemployment insurance or pact on families and children. The (B) female employees, employees from ra- temporary disability insurance, in demonstrations will also allow com- cial minority groups, and younger employees states with those systems. parisons of different mechanisms to are slightly less likely to receive wage re- Mr. President, this is not a pie in the provide leave—including expansion of placement than male employees, white em- ployees, and older employees, respectively; sky idea. Many states have already rec- state unemployment insurance sys- tems, temporary disability programs, (5) in order to cope financially with taking ognized the need for such support for family or medical leave, of persons taking new parents. California, New Jersey, and other viable mechanisms. Mr. President, when a person is in- that leave without full wage replacement— three other states and Puerto Rico (A) 40 percent cut their leave short; jured on the job, or when someone loses have in place temporary disability in- (B) 39 percent put off paying bills; their job because of a plant closing or surance programs, that at a minimal (C) 25 percent borrowed money; and some other factor beyond their control, cost to employees and employers, pro- (D) 9 percent obtained public assistance; our nation rightly protects their fami- vide support to mothers who are tem- (6) taking family or medical leave often lies from the risk of catastrophic fi- drives employees earning low wages into porarily disabled after pregnancy and nancial loss. That’s the purpose of poverty, and 21 percent of such low-wage em- childbirth as well as other workers workman’s compensation and unem- ployees who take family or medical leave temporarily disabled. ployment insurance. without full wage replacement resort to pub- Other states are moving to provide If we can protect families at times lic assistance; income to families through different like this, shouldn’t we protect them at (7) studies document shortages in the sup- ply of infant care, and that the shortages are mechanisms. Massachusetts, Vermont, another time of crucial family need as Washington and several other states expected to worsen as welfare reform meas- they struggle to meet the joyful chal- ures are implemented; and are all considering legislation to ex- lenge of raising a newborn? pand their state unemployment com- (8) compared to 30 years ago, families have Mr. President, this initiative is just experienced an average decrease of 22 hours pensation systems to provide partial one part of a better deal we owe to per week in time that parents spend with wage replacement to workers taking America’s families. Just as the horrible their children. family or medical leave. Just a few tragedy in Littleton, Colorado was a SEC. 3. PURPOSES. weeks ago, President Clinton an- wake up call to parents across the The purposes of this Act are— nounced his support of these bold ini- country, it must be a wake up call to (1) to establish a demonstration program tiatives and directed the Department us to re-examine our policies around that supports the efforts of States and polit- of Labor to work with the states to children, families and parenthood. ical subdivisions to provide partial or full allow for this expansion of these state There is much to be done—child care, wage replacement, often referred to as unemployment insurance systems. education, expanding the basic protec- FIRST insurance, to new parents so that the new parents are able to spend time with a But I believe there is more for the tion of the Family and Medical Leave federal government to do. We should be new infant or newly adopted child, and to Act to more workers, intelligent gun other employees; and a partner in these state efforts and control policies, and better alter- (2) to learn about the most effective mech- help spur the development of the unem- natives for our youth out of school. But anisms for providing the wage replacement ployment insurance model as well as I believe a key piece is supporting par- assistance. other financial mechanism that will, I ents in the very first days, weeks and SEC. 4. DEFINITIONS. hope, make paid leave a reality for all months of a child’s life—and hope that In this Act: new parents in America. we can work together to make sure (1) SECRETARY.—The term ‘‘Secretary’’ I am proposing today legislation that these all important days are possible means the Secretary of Labor, acting after would establish a federal demonstra- for all parents. consultation with the Secretary of Health tion program—which I am calling Mr. President, I ask unanimous con- and Human Services. (2) SON OR DAUGHTER; STATE.—The terms FIRST (Family Income to Respond to sent that this measure be printed in Significant Transitions) Insurance. ‘‘son or daughter’’ and ‘‘State’’ have the the RECORD. meanings given the terms in section 101 of FIRST Insurance would support state There being no objection, the bill was the Family and Medical Leave Act of 1993 (29 demonstration projects that provide ordered to be printed in the RECORD, as U.S.C. 2611). partial or full wage replacement to new follows. SEC. 5. DEMONSTRATION PROJECTS. parents who take time off from work S. 1355 (a) GRANTS.—The Secretary shall make for the birth or adoption of a child. Be it enacted by the Senate and House of Rep- grants to eligible entities to pay for the Fed- States could also choose to expand resentatives of the United States of America in eral share of the cost of carrying out these benefits to support other care Congress assembled, projects that assist families by providing, July 13, 1999 CONGRESSIONAL RECORD — SENATE S8377 through various mechanisms, wage replace- in which the project will expand on the sys- the projects and their benefits for children ment for eligible individuals that are re- tems; and families; sponding to caregiving needs resulting from (6) information demonstrating the manner (2) analysis of the overall need for wage re- the birth or adoption of a son or daughter or in which the wage replacement assistance placement; and other family caregiving needs. The Secretary provided through the project will assist fam- (3) analysis of the impact of the projects on shall make the grants for periods of 5 years. ilies in which an individual takes leave as the overall availability of wage replacement. (b) ELIGIBLE ENTITIES.—To be eligible to described in subsection (d)(1); and (c) REPORTS.— receive a grant under this section, an entity (7) an assurance that the applicant will (1) INITIAL REPORT.—Not later than 3 years shall be a State or political subdivision of a participate in efforts to evaluate the effec- after the beginning of the grant period for State. tiveness of the project. the first grant made under section 5, the Sec- (c) USE OF FUNDS.— (f) SELECTION CRITERIA.—In selecting enti- retary shall prepare and submit to Congress (1) IN GENERAL.—An entity that receives a ties to receive grants for projects under this a report that contains information resulting grant under this section may use the funds section, the Secretary shall— from the evaluations conducted under sub- made available through the grant to provide (1) take into consideration— section (b). partial or full wage replacement as described (A) the scope of the proposed projects; (2) SUBSEQUENT REPORTS.—Not later than 4 in subsection (a) to eligible individuals— (B) the cost-effectiveness, feasibility, and years after the beginning of that grant pe- (A) directly; financial soundness of the proposed projects; riod, and annually thereafter, the Secretary (B) through an insurance program, such as (C) the extent to which the proposed shall prepare and submit to Congress a re- a State temporary disability insurance pro- projects would expand access to wage re- port that contains— gram or the State unemployment compensa- placement in response to family caregiving (A) information resulting from the evalua- tion benefit program; needs, particularly for low-wage employees, tions conducted under subsection (b); and (C) through a private disability or other in- in the area served by the grant; and (B) usage data for the demonstration surance plan, or another mechanism pro- (D) the benefits that would be offered to projects, for the most recent year for which vided by a private employer; or families and children through the proposed data are available. (D) through another mechanism. projects; and SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (2) ADMINISTRATIVE COSTS.—No entity may (2) to the extent feasible, select entities There are authorized to be appropriated to use more than 10 percent of the total funds proposing projects that utilize diverse mech- carry out this Act $400,000,000 for fiscal year made available through the grant during the anisms, including expansion of State unem- 2000 and such sums as may be necessary for 5-year period of the grant to pay for the ad- ployment compensation benefit programs, each subsequent fiscal year. ministrative costs relating to a project de- and establishment or expansion of State scribed in subsection (a). Mr. KENNEDY. Mr. President, I am temporary disability insurance programs, to honored to join as a cosponsor of Sen- (d) ELIGIBLE INDIVIDUALS.—To be eligible provide the wage replacement. to receive wage replacement under sub- (g) FEDERAL SHARE.— ator DODD’s ‘‘Family Income to Re- section (a), an individual shall— (1) IN GENERAL.—The Federal share of the spond to Significant Transitions’’ (1) meet such eligibility criteria as the eli- cost described in subsection (a) shall be— (FIRST) Insurance Demonstration gible entity providing the wage replacement (A) 50 percent for the first year of the Project Act. From his work on the may specify in an application described in grant period; Family and Medical Leave Act of 1993 subsection (e); and (B) 40 percent for the second year of that (2) be— to his countless efforts to improve the period; quality and accessibility of child care, (A) an individual who is taking leave, (C) 30 percent for the third year of that pe- under the Family and Medical Leave Act of riod; and Senator DODD has been a tireless advo- 1993 (29 U.S.C. 2601 et seq.), other Federal, (D) 20 percent for each subsequent year. cate for families and children, and I State, or local law, or a private plan, for a (2) NON-FEDERAL SHARE.—The non-Federal commend his leadership on this impor- reason described in subparagraph (A) or (B) share of the cost may be in cash or in kind, tant new initiation. of section 102(a)(1) of the Family and Medical fairly evaluated, including plant, equipment, Millions of families have benefited Leave Act of 1993 (29 U.S.C. 2612(a)(1)); and services and may be provided from from the Family and Medical Leave (B) at the option of the eligible entity, an State, local, or private sources, or Federal Act, but we must do more to support individual who— sources other than this Act. working families. Nearly two-thirds of (i) is taking leave, under that Act, other (h) SUPPLEMENT NOT SUPPLANT.—Funds ap- Federal, State, or local law, or a private propriated pursuant to the authority of this employees cannot afford to take family plan, for a reason described in subparagraph Act shall be used to supplement and not sup- or medical leave when a new child is (C) or (D) of section 102(a)(1) of the Family plant other Federal, State, and local public born or a family member becomes ill. and Medical Leave Act of 1993 (29 U.S.C. funds and private funds expended to provide According to a survey by the National 2612(a)(1)); or wage replacement. Partnership for Women and Families, (ii) leaves employment because the indi- (i) EFFECT ON EXISTING RIGHTS.—Nothing 64 percent of Americans believe that vidual has elected to care for a son or daugh- in this Act shall be construed to supersede, the time pressures on working families ter under age 1; or preempt, or otherwise infringe on the provi- (C) at the option of the eligible entity, an sions of any collective bargaining agreement are getting worse, not better. Two- individual with other characteristics speci- or any employment benefit program or plan thirds of women and men under the age fied by the eligible entity in an application that provides greater rights to employees of 45 believe that they will need to take described in subsection (e). than the rights established under this Act. a family or medical leave in the next 10 (e) APPLICATION.—To be eligible to receive SEC. 6. EVALUATIONS AND REPORTS. years. But, many of these families a grant under this section, an entity shall (a) AVAILABLE FUNDS.—The Secretary shall won’t be able to afford it. submit an application to the Secretary, at use not more than 2 percent of the funds We should stop paying lip service to such time, in such manner, and containing made available under section 5 to carry out family values and find a way to help such information as the Secretary may re- this section. quire, including, at a minimum— (b) EVALUATIONS.—The Secretary shall, di- families afford family leave when they (1) a plan for the project to be carried out rectly or by contract, evaluate the effective- need it. This bill will provide grants to with the grant; ness of projects carried out with grants made states and local communities to experi- (2) information demonstrating that the ap- under section 5, including conducting— ment with methods of wage replace- plicant consulted representatives of employ- (1) research relating to the projects, in- ment for workers who take family ers and employees, including labor organiza- cluding research comparing— leave. States will use the grants for tions, in developing the plan; (A) the scope of the projects, including the demonstration projects implementing (3) estimates of the costs and benefits of type of insurance or other wage replacement the project; mechanism used, the method of financing wage replacement strategies to allow (4)(A) information on the number and type used, the eligibility requirements, the level more employees to spend time with of families to be covered by the project, and of the wage replacement benefit provided their families when family needs re- the extent of such coverage in the area (such as the percentage of salary replaced), quire it. served under the grant; and and the length of the benefit provided, for Under the Family and Medical Leave (B) information on any criteria or charac- the projects; Act, businesses with 50 or more em- teristics that the entity will use to deter- (B) the utilization of the projects, includ- ployees must provide up to 12 weeks of mine whether an individual is eligible for ing the characteristics of individuals who unpaid leave to employees to care for a wage replacement under subsection (a), as benefit from the projects, particularly low- newborn or newly-adopted child, or to described in paragraphs (1) and (2)(C) of sub- wage workers, and factors that determine section (d); the ability of eligible individuals to obtain care for a child, a spouse, or a parent (5) if the project will expand on State and wage replacement through the projects; and who is ill. The Act has helped millions private systems of wage replacement for eli- (C) the costs of and savings achieved by the of workers care for their families, but gible individuals, information on the manner projects, including the cost-effectiveness of too many obstacles prevent too many S8378 CONGRESSIONAL RECORD — SENATE July 13, 1999 workers from taking leave. Forty-one the dumping of dredged material in S. 1356 million people, nearly half the private Long Island Sound; to the Committee Be it enacted by the Senate and House of Rep- workforce, are not protected by the law on Environment and Public Works. resentatives of the United States of America in because their company is too small to THE LONG ISLAND SOUND PROTECTION ACT OF Congress assembled, be covered, or because they haven’t 1999 SECTION 1. SHORT TITLE. worked there long enough to qualify Mr. MOYNIHAN. Mr. President, I rise This Act may be cited as the ‘‘Long Island for the leave. today to introduce a bill that will pro- Sound Protection Act’’. Others are covered and entitled to a tect the natural beauty and resources SEC. 2. LONG ISLAND SOUND PROTECTION. leave, but cannot benefit from the Act of the Long Island Sound from current Section 106 of the Marine Protection, Re- because they cannot afford to take an dredging policies that allow large search, and Sanctuaries Act (33 U.S.C. 1416) unpaid leave of absence. Although amounts of material to be dumped into is amended— some workers are fortunate enough to the estuary without stringent environ- (1) by striking ‘‘(f) In’’ and inserting the following: receive wage replacement during peri- mental review. The Long Island Sound Protection Act of 1999 would require all ‘‘(f) LONG ISLAND SOUND.— ods of family or medical leave, most ‘‘(1) IN GENERAL.—In’’; and hard-working low-wage earners do not large dredging projects in the Sound to (2) by adding at the end the following: receive this benefit. Low-income em- comply with sediment testing provi- ‘‘(2) MULTIPLE PROJECTS.— ployees are less likely to receive wage sions of the Marine Protection Re- ‘‘(A) IN GENERAL.—Paragraph (1) shall replacement than more highly edu- search and Sanctuaries Act, commonly apply to a project described in paragraph (1) cated, well-paid employees. Women, known as the Ocean Dumping Act. if— minorities, and younger employees are Under the Ocean Dumping Act, any ‘‘(i) 1 or more projects of that type Long Island Sound dredging project produce, in the aggregate, dredged material less likely than men, white Americans, that disposes of more than 25,000 tons in excess of 25,000 cubic yards; and and older workers to receive wage re- of dredged material must undergo tox- ‘‘(ii)(I) the project or projects are carried placement benefits when taking family icity and bioaccumulation tests before out in a proximate geographical area; or leave. ‘‘(II) the aggregate quantity of dredged ma- it is safe to dump. However, smaller As a result, 40 percent employees terial produced by the project or projects is nonfederal projects need only comply without full wage replacement cut transported, for dumping purposes, by the with the Clean Water Act, which does their leaves short, 39 percent put-off same barge. not require testing. In recent years, paying bills, 25 percent borrow money, ‘‘(B) REGULATIONS.—As soon as practicable, the Army Corps of Engineers has begun but not later than 60 days after the date of and 9 percent turn to public assistance an unfortunate practice of avoiding the enactment of this paragraph, the Adminis- to cover their loss wages. Taking un- more rigorous requirements of the trator shall promulgate regulations that de- paid leave often drives low-wage earn- Ocean Dumping Act by individually fine the term ‘proximate geographical area’ ers into poverty. Workers who need to permitting smaller projects that are for purposes of subparagraph (A)(i). care for an ill family member, an elder- ‘‘(3) DESIGNATED SITE.—Not later than 2 clearly a part of larger dredging oper- ly parent, or a new baby should not be years after the date of enactment of this ations. Individually permitted, these paragraph, the Administrator shall designate plunged into poverty. projects need only comply with the Our bill will help families take need- under section 102(c) at least 1 site for the Clean Water Act, even though they are ed leave by allowing states to imple- dumping of dredged material generated in dumped together in the Long Island the vicinity of Long Island Sound. ment alternative funding programs. Sound and have the same cumulative ‘‘(4) PROHIBITION ON DUMPING OF DREDGED For example, states may choose to ex- effect as one large project would to the MATERIAL.—Except at the site or sites des- pand state or private Temporary Dis- local ecosystem. The Long Island ignated under paragraph (3) (if the site or ability Insurance plans to provide par- Sound Protection Act would end this sites are located in Long Island Sound), no tial or full replacement of wages for dredged material shall be dumped in Long Is- practice of stacking permits and would land Sound after the date on which the Ad- those taking time off form work to ensure that at least one environ- care for a new child. States may also ministrator designates at least 1 site under mentally acceptable disposal site is paragraph (3).’’. expand their Unemployment Insurance designated by the Environmental Pro- Compensation to make leave from tection Agency within a two-year pe- By Mr. JEFFORDS: work economically feasible. The riod. s. 1357. A. bill to amend the Internal FIRST Act is an important step in the Dredging projects are critical to the Revenue Code of 1986 to enhance the right direction. This bill will provide people and businesses who rely exten- portability of retirement benefits, and states with $400 million for fiscal year sively on the Sound to transport goods, for other purposes; to the Committee 2000 to fund demonstration programs, services, and people every day. How- on Finance. assisting states which are already ever, the health of the Long Island THE RETIREMENT ACCOUNT PORTABILITY ACT working to establish wage replacement Sound ecosystem is also important to Mr. JEFFORDS. Mr. President, today leave programs. the 8 million people living within the I am introducing S. 1357, the Retire- I am proud that Massachusetts is boundaries of the Long Island Sound ment Account Portability (RAP) Act. moving forward to address this prob- watershed, with more than $5 billion This bill is a close companion to H.R. lem. A bill to establish a Family and generated annually from boating, com- 738, the bill introduced by Congressman Employment Security Trust Fund has mercial and sport fishing, swimming, EARL POMEROY of North Dakota. It was already been introduced, providing and beachgoing. The Long Island also included as title III of the Pension family leave replacement through the Sound is also an estuary of national Coverage and Portability Act, S. 741, unemployment insurance system. significance that my State, in coopera- Thousands of workers in Massachusetts tion with the Environmental Protec- introduced earlier this year by myself will be able to care for their families tion Agency, has worked diligently to and Senators GRAHAM and GRASSLEY. without falling into poverty—including restore under the 1992 Long Island Generally this bill is intended to be a low-income employees living from pay- Sound Comprehensive Conservation further iteration of the concepts em- check to paycheck. Groups in Mary- and Management Plan. This bill would bodied in both of those bills. land, Vermont, and Washington are remove one of the barriers to achieving The RAP Act standardizes the rules taking the lead with similar legisla- the laudable goals of this Plan. in the Internal Revenue Code (IRC) tion. A clean and safe Sound is important which regulate how portable a worker’s We need to put families first and this to us all. I urge my colleagues to join retirement savings account is, and bill does that. I urge my colleagues to me in supporting this important legis- while it does not make portability of support this needed initiative. lation. pension benefits perfect, it greatly im- Mr. President, I ask unanimous con- proves the status quo. No employer By Mr. MOYNIHAN (for himself sent that my bill be printed in the will be ‘‘required’’ to accept rollovers and Mr. SCHUMER): RECORD. from other plans, however. A rollover S. 1356. A bill to amend the Marine There being no objection, the bill was will occur when the employee offers, Protection, Research, and Sanctuaries ordered to be printed in the RECORD, as and the employer agrees to accept, a Act of 1972 to clarify the limitation on follows: rollover from another plan. July 13, 1999 CONGRESSIONAL RECORD — SENATE S8379 Under current law, it is not possible ever, we have included a waiver of tax pecially small businesses—desperately for an individual to move an accumu- penalties in the case of undue hardship, need. More discussion of this matter is lated retirement savings account from such as a serious personal injury or ill- needed. a section 401(k) (for-profit) plan to a ness and we have given the Department Mr. President, I ask unanimous con- section 457 (state and local govern- of the Treasury the authority to waive sent that a copy of the bill be printed ment) deferred compensation plan, to the deadline. in the RECORD. an Individual Retirement Account The Retirement Account Portability There being no objection, the bill was (IRA), then to a section 403(b) (non- Act will also change two complicated ordered to be printed in the RECORD, as profit organization or public school) rules which harm both plan sponsors follows: deferred annuity plan and ultimately and plan participants; one dealing with S. 1357 back into a section 401(k) plan, without certain business sales (the so-called Be it enacted by the Senate and House of violating various restrictions on the ‘‘same desk’’ rule) and the other deal- Representatives of the United States of America movement of their money. The RAP ing with retirement plan distribution in Congress assembled, SECTION 1. SHORT TITLE; AMENDMENT OF 1986 Act will make it possible for workers options. Each of these rules has im- CODE. to take their retirement savings with peded true portability of pensions and (a) SHORT TITLE.—This Act may be cited as them when they change jobs regardless we believe they ought to be changed. the ‘‘Retirement Account Portability Act of of the type of employer for which they In addition, this bill will extend the 1999’’. work. Pension Benefit Guaranty Corpora- (b) AMENDMENT OF 1986 CODE.—Except as This bill will also help make IRAs tion’s (PBGC) Missing Participant pro- otherwise expressly provided, whenever in more portable and will improve the use this Act an amendment or repeal is ex- gram to defined benefit multiemployer pressed in terms of an amendment to, or re- of conduit IRAs. Conduit IRAs are indi- pension plans. Under current law, the peal of, a section or other provision, the ref- vidual retirement accounts to which PBGC has jurisdiction over both single- erence shall be considered to be made to a certain distributions from a qualified employer and multiemployer defined section or other provision of the Internal retirement plan or from another indi- benefit pension plans. A few years ago, Revenue Code of 1986. vidual retirement account have been the agency initiated a program to lo- SEC. 2. ROLLOVERS ALLOWED AMONG VARIOUS transferred. RAP changes the rules reg- cate missing participants from termi- TYPES OF PLANS. (a) ROLLOVERS FROM AND TO SECTION 457 ulating these IRAs so that workers nated, single-employer plans. The pro- PLANS.— leaving the for-profit, non-profit or gram attempts to locate individuals (1) ROLLOVERS FROM SECTION 457 PLANS.— governmental field can use a conduit who are due a benefit, but who have (A) IN GENERAL.—Section 457(e) (relating to IRA as a parking spot for a pre-retire- not filed for benefits owed to them, or other definitions and special rules) is amend- ment distribution. These special ac- who have attempted to find their ed by adding at the end the following: counts are needed by many workers former employer but failed to receive ‘‘(16) ROLLOVER AMOUNTS.— until they have another employer- their benefits. This bill expands the ‘‘(A) GENERAL RULE.—In the case of an eli- gible deferred compensation plan, if— sponsored plan in which to rollover missing participant program to multi- ‘‘(i) any portion of the balance to the cred- their savings. employer pension plans. it of an employee in such plan is paid to such In many instances, this bill will I know of no reason why individuals employee in an eligible rollover distribution allow an individual to rollover an IRA covered by a multiemployer pension (within the meaning of section 402(c)(4) with- consisting exclusively of tax-deductible plans should not have the same protec- out regard to subparagraph (C) thereof), contributions into a retirement plan at tions as participants of single-em- ‘‘(ii) the employee transfers any portion of his or her new place of employment, ployer pension plans and this change the property such employee receives in such thus helping the individual consolidate will help more former employees re- distribution to an eligible retirement plan described in section 402(c)(8)(B), and retirement savings in a single account. ceive all the benefits to which they are ‘‘(iii) in the case of a distribution of prop- Under certain circumstances, the RAP entitled. This bill does not expand the erty other than money, the amount so trans- Act will also allow workers to rollover missing participants program to de- ferred consists of the property distributed, any after-tax contributions made at his fined contribution plans. Supervision then such distribution (to the extent so or her previous workplace, into a new of defined contribution plans is outside transferred) shall not be includible in gross retirement plan. Under the provisions the statutory jurisdiction of the PBGC income for the taxable year in which paid. of the bill as drafted, after-tax con- and I have not heard strong arguments ‘‘(B) CERTAIN RULES MADE APPLICABLE.— tributions will be rollable from a plan The rules of paragraphs (2) through (7) (other for including those plans within the ju- than paragraph (4)(C)) and (9) of section to an IRA and from an IRA to an IRA, risdiction of the agency. I would be 402(c) and section 402(f) shall apply for pur- but not from a IRA to a plan, nor on a pleased to hear the recommendations poses of subparagraph (A). direct plan to plan basis. I am open to of any of my colleagues on this matter. ‘‘(C) REPORTING.—Rollovers under this recommendations on how we can im- In a particularly important provi- paragraph shall be reported to the Secretary prove the treatment of after-tax roll- sion, the Retirement Account Port- in the same manner as rollovers from quali- overs and I look forward to hearing ability bill will allow public school fied retirement plans (as defined in section from my colleagues and the public on teachers and other state and local em- 4974(c)).’’ (B) DEFERRAL LIMIT DETERMINED WITHOUT that topic. ployees who move between different REGARD TO ROLLOVER AMOUNTS.—Section Current law requires a worker who states and localities to use their sav- 457(b)(2) (defining eligible deferred com- changes jobs to face a deadline of 60 ings in their section 403(b) plan or sec- pensation plan) is amended by inserting days within which to roll over any re- tion 457 deferred compensation ar- ‘‘(other than rollover amounts)’’ after ‘‘tax- tirement savings benefits either into rangement to purchase ‘‘service credit’’ able year’’. an Individual Retirement Account, or in the defined benefit plan in which (C) DIRECT ROLLOVER.—Paragraph (1) of into the retirement plan of his or her they are currently participating, and section 457(d) is amended by striking ‘‘and’’ new employer. Failure to meet the at the end of subparagraph (A), by striking thus obtain greater pension benefits in the period at the end of subparagraph (B) and deadline can result in both income and the plan in which they conclude their inserting ‘‘, and’’, and by inserting after sub- excise taxes being imposed on the ac- career. paragraph (B) the following: count. We believe that this deadline As a final note, this bill, this bill ‘‘(C) the plan meets requirements similar should be waived under certain cir- does not reduce the vesting schedule to the requirements of section 401(a)(31). cumstances and we have outlined them from the current five year cliff vesting Any amount transferred in a direct trustee- in the bill. Consistent with the Pom- (or seven year graded) to a three year to-trustee transfer in accordance with sec- eroy bill, in case of a Presidentially-de- cliff or six year graded vesting sched- tion 401(a)(31) shall not be includible in gross clared natural disaster or military ule that has been contained in other income for the taxable year of transfer.’’ service in a combat zone, the Treasury bills. I support the shorter vesting (D) WITHHOLDING.— Department will have the authority to schedules, but I feel that the abbre- (i) Paragraph (12) of section 3401(a) is amended by adding at the end the following: disallow imposition of any tax penalty viated schedule makes a dramatic ‘‘(E) under or to an eligible deferred com- for the account holder. Consistent with change to tax law without removing pensation plan which, at the time of such the additional changes incorporated by some of the disincentives to maintain- payment, is a plan described in section Congressman POMEROY this year, how- ing a pension plan that businesses—es- 457(b); or’’. S8380 CONGRESSIONAL RECORD — SENATE July 13, 1999

(ii) Paragraph (5) of section 3405(e) is (c) EXPANDED EXPLANATION TO RECIPIENTS such individual not later than the 60th day amended by adding at the end the following: OF ROLLOVER DISTRIBUTIONS.—Paragraph (1) after the date on which the individual re- ‘‘Such term shall include an eligible deferred of section 402(f) (relating to written expla- ceives the payment or distribution. compensation plan described in section nation to recipients of distributions eligible For purposes of clause (ii), the term ‘eligible 457(b).’’ for rollover treatment) is amended by strik- retirement plan’ means an eligible retire- (iii) Paragraph (3) of section 3405(c) is ing ‘‘and’’ at the end of subparagraph (C), by ment plan described in clause (iii), (iv), (v), amended to read as follows: striking the period at the end of subpara- or (vi) of section 402(c)(8)(B).’’ ‘‘(3) ELIGIBLE ROLLOVER DISTRIBUTION.—For graph (D) and inserting ‘‘, and’’, and by add- (b) CONFORMING AMENDMENTS.— purposes of this subsection, the term ‘eligi- ing at the end the following new subpara- (1) Paragraph (1) of section 403(b) is amend- ble rollover distribution’ has the meaning graph: ed by striking ‘‘section 408(d)(3)(A)(iii)’’ and given such term by section 402(f)(2)(A).’’ ‘‘(E) of the provisions under which dis- inserting ‘‘section 408(d)(3)(A)(ii)’’. (iv) LIABILITY FOR WITHHOLDING.—Subpara- tributions from the eligible retirement plan (2) Clause (i) of section 408(d)(3)(D) is graph (B) of section 3405(d)(2) is amended by receiving the distribution may be subject to amended by striking ‘‘(i), (ii), or (iii)’’ and striking ‘‘or’’ at the end of clause (ii), by restrictions and tax consequences which are inserting ‘‘(i) or (ii)’’. different from those applicable to distribu- striking the period at the end of clause (iii) (3) Subparagraph (G) of section 408(d)(3) is tions from the plan making such distribu- and inserting ‘‘, or’’, and by adding at the amended to read as follows: tion.’’ end the following: ‘‘(G) SIMPLE RETIREMENT ACCOUNTS.—In the (d) CONFORMING AMENDMENTS.— ‘(iv) section 457(b).’’ case of any payment or distribution out of a (2) ROLLOVERS TO SECTION 457 PLANS.— (1) Section 72(o)(4) is amended by striking ‘‘and 408(d)(3)’’ and inserting ‘‘403(b)(8), simple retirement account (as defined in sub- (A) Section 402(c)(8)(B) (defining eligible section (p)) to which section 72(t)(6) applies, retirement plan) is amended by striking 408(d)(3), and 457(e)(16)’’. (2) Section 219(d)(2) is amended by striking this paragraph shall not apply unless such ‘‘and’’ at the end of clause (iii), by striking payment or distribution is paid into another the period at the end of clause (iv) and in- ‘‘or 408(d)(3)’’ and inserting ‘‘408(d)(3), or 457(e)(16)’’. simple retirement account.’’ serting ‘‘, and’’, and by adding at the end the (c) EFFECTIVE DATE; SPECIAL RULE.— (3) Section 401(a)(31)(B) is amended by following: (1) EFFECTIVE DATE.—The amendments striking ‘‘and 403(a)(4)’’ and inserting ‘‘, ‘‘(v) an eligible deferred compensation plan made by this section shall apply to distribu- 403(a)(4), 403(b)(8), and 457(e)(16)’’. described in section 457(b) of an eligible em- tions after December 31, 1999. ployer described in section 457(e)(1)(A).’’ (4) Subparagraph (A) of section 402(f)(2) is (2) SPECIAL RULE.—Notwithstanding any amended by striking ‘‘or paragraph (4) of sec- (B) Paragraph (9) of section 402(c) is other provision of law, subsections (h)(3) and tion 403(a)’’ and inserting ‘‘, paragraph (4) of amended by striking ‘‘except that’’ and all (h)(5) of section 1122 of the Tax Reform Act section 403(a), subparagraph (A) of section that follows and inserting ‘‘except that only of 1986 shall not apply to any distribution 403(b)(8), or subparagraph (A) of section an account or annuity described in clause (i) from an eligible retirement plan described in or (ii) of paragraph (8)(B) shall be treated as 457(e)(16)’’. clause (iii) or (iv) of section 402(c)(8)(B) of an eligible retirement plan with respect to (5) Paragraph (1) of section 402(f) is amend- the Internal Revenue Code of 1986 on behalf such distribution.’’ ed by striking ‘‘from an eligible retirement of an individual if there was a rollover to (C) Subsection (a) of section 457 (relating plan’’. such plan on behalf of such individual which to year of inclusion in gross income) is (6) Subparagraphs (A) and (B) of section is permitted solely by reason of the amend- amended by striking ‘‘or otherwise made 402(f)(1) are amended by striking ‘‘another ments made by this section. available’’. eligible retirement plan’’ and inserting ‘‘an SEC. 4. ROLLOVERS OF AFTER-TAX CONTRIBU- (3) MINIMUM DISTRIBUTIONS.—Paragraph (2) eligible retirement plan’’. TIONS; HARDSHIP EXCEPTION. of section 457(d) is amended to read as fol- (7) Subparagraph (B) of section 403(b)(8) is (a) AFTER-TAX CONTRIBUTIONS.— lows: amended by striking ‘‘shall apply for pur- (1) ROLLOVERS.—Subsection (c) of section ‘‘(2) MINIMUM DISTRIBUTION REQUIRE- poses of subparagraph (A)’’ and inserting 402 (relating to rules applicable to rollovers MENTS.—A plan meets the distribution re- ‘‘and section 402(f) shall apply for purposes of from exempt trusts) (as amended by section quirements of this paragraph if the plan subparagraph (A), except that section 402(f) 2) is amended by striking paragraph (2) and meets the requirements of section 401(a)(9).’’ shall be applied to the payor in lieu of the redesignating paragraphs (3) through (10) as (4) CONFORMING AMENDMENT.—Paragraph plan administrator’’. paragraphs (2) through (9), respectively. (9) of section 457(e) is amended to read as fol- (8) Subparagraph (B) of section 403(b)(8) is (2) DIRECT TRANSFERS.—Paragraph (31) of lows: amended by inserting ‘‘and (9)’’ after section 401(a) (relating to optional direct ‘‘(9) BENEFITS NOT TREATED AS FAILING TO ‘‘through (7)’’. transfer of eligible rollover distributions) is MEET DISTRIBUTION REQUIREMENTS OF SUB- (9) Section 408(a)(1) is amended by striking amended by striking subparagraph (B) and SECTION (d).—A plan shall not be treated as ‘‘or 403(b)(8)’’ and inserting ‘‘, 403(b)(8), or redesignating subparagraphs (C) and (D) as failing to meet the distribution require- 457(e)(16)’’. subparagraphs (B) and (C), respectively. ments of subsection (d) by reason of a dis- (10) Subparagraphs (A) and (B) of section (3) ANNUITIES.—Subparagraph (B) of sec- tribution of the total amount payable to a 415(b)(2) are each amended by striking ‘‘and tion 408(d)(3) (relating to rollover contribu- participant under the plan if— 408(d)(3)’’ and inserting ‘‘403(b)(8), 408(d)(3), tions) is amended by striking ‘‘which was ‘‘(A) such amount does not exceed the dol- and 457(e)(16)’’. not includible in his gross income because of lar limit under section 411(a)(11)(A), and (11) Section 415(c)(2) is amended by strik- the application of this paragraph’’ and in- ‘‘(B) such amount may be distributed only ing ‘‘and 408(d)(3)’’ and inserting ‘‘408(d)(3), serting ‘‘to which this paragraph applied’’. if— and 457(e)(16)’’. (4) ELIGIBLE RETIREMENT PLAN.—Paragraph ‘‘(i) no amount has been deferred under the (12) Section 4973(b)(1)(A) is amended by (7)(B) of section 402(c) (as redesignated by plan with respect to such participant during striking ‘‘or 408(d)(3)’’ and inserting subsection (a)(1) and as amended by section the 2-year period ending on the date of the ‘‘408(d)(3), or 457(e)(16)’’. 2) is amended— distribution, and (e) EFFECTIVE DATE; SPECIAL RULE.— (A) by striking ‘‘The term’’ and inserting ‘‘(ii) there has been no prior distribution (1) EFFECTIVE DATE.—The amendments under the plan to such participant to which made by this section shall apply to distribu- ‘‘Except as provided in this subparagraph, this paragraph applied.’’ tions after December 31, 1999. the term’’, and (B) by adding at the end the following: (b) ALLOWANCE OF ROLLOVERS FROM AND TO (2) SPECIAL RULE.—Notwithstanding any 403(b) PLANS.— other provision of law, subsections (h)(3) and ‘‘Arrangements described in clauses (iii), (iv) (1) ROLLOVERS FROM SECTION 403(b) PLANS.— (h)(5) of section 1122 of the Tax Reform Act (v), and (vi) shall not be treated as eligible Section 403(b)(8)(A)(ii) (relating to rollover of 1986 shall not apply to any distribution retirement plans for purposes of receiving a amounts) is amended by striking ‘‘such dis- from an eligible retirement plan described in rollover contribution of an eligible rollover tribution’’ and all that follows and inserting clause (iii) or (iv) of section 402(c)(8)(B) of distribution to the extent that such eligible ‘‘such distribution to an eligible retirement the Internal Revenue Code of 1986 on behalf rollover distribution is not includible in plan described in section 402(c)(8)(B), and’’. of an individual if there was a rollover to gross income (determined without regard to (2) ROLLOVERS TO SECTION 403(b) PLANS.— such plan on behalf of such individual which paragraph (1)).’’ Section 402(c)(8)(B) (defining eligible retire- is permitted solely by reason of any amend- (5) TAXATION OF DISTRIBUTIONS.—Paragraph ment plan), as amended by subsection (a), is ment made by this section. (2) of section 408(d) is amended— amended by striking ‘‘and’’ at the end of SEC. 3. ROLLOVERS OF IRAS INTO WORKPLACE (A) by striking ‘‘For purposes’’ and insert- clause (iv), by striking the period at the end RETIREMENT PLANS. ing the following: of clause (v) and inserting ‘‘, and’’, and by (a) IN GENERAL.—Subparagraph (A) of sec- ‘‘(A) IN GENERAL.—Except as provided in adding at the end the following: tion 408(d)(3) (relating to rollover amounts) this paragraph, for purposes’’, ‘‘(vi) an annuity contract described in sec- is amended by adding ‘‘or’’ at the end of (B) by striking ‘‘(A) all’’ and inserting ‘‘(i) tion 403(b).’’ clause (i), by striking clauses (ii) and (iii), all’’; (3) CONFORMING AMENDMENT.—Subpara- and by adding at the end the following: (C) by striking ‘‘(B) all’’ and inserting ‘‘(ii) graph (B) of section 403(b)(8) is amended by ‘‘(ii) the entire amount received (including all’’; striking ‘‘Rules similar to the’’ and inserting money and any other property) is paid into (D) by striking ‘‘(C) the’’ and inserting ‘‘The’’. an eligible retirement plan for the benefit of ‘‘(iii) the’’, July 13, 1999 CONGRESSIONAL RECORD — SENATE S8381 (E) by striking ‘‘subparagraph (C)’’ and in- (4) Subparagraph (B) of section 403(b)(8) (as (A) by striking subparagraph (A) and in- serting ‘‘clause (iii)’’, and amended by section 2) is amended by strik- serting the following: (F) by inserting at the end the following: ing ‘‘(2) through (7) and (9) of section 402(c)’’ ‘‘(A) IN GENERAL.—A plan termination is ‘‘(B) APPLICATION OF SECTION 72.—For pur- and inserting ‘‘(2) through (6) and (8) of sec- described in this paragraph if the termi- poses of applying section 72, if— tion 402(c)’’. nation of the plan does not involve the estab- ‘‘(i) a distribution is made from an indi- (5) Subparagraph (A) of section 408(d)(3) (as lishment or maintenance of another defined vidual retirement plan, and amended by section 3) is amended by strik- contribution plan (other than an employee ‘‘(ii) a rollover contribution described in ing ‘‘402(c)(8)’’ and inserting ‘‘402(c)(7)’’. stock ownership plan as defined in section paragraph (3) is made to an eligible retire- (6) Paragraph (16) of section 457(e) (as 4975(e)(7)).’’, ment plan described in section added by section 2) is amended— (B) in subparagraph (B)— 402(c)(7)(B)(iii), (iv), (v), or (vi) with respect (A) in subparagraph (A)(i) by striking (i) by striking ‘‘An event’’ and inserting ‘‘A to all or part of such distribution, ‘‘402(c)(4)’’ and inserting ‘‘402(c)(3)’’, termination’’, and the includible amount in the individual’s in- (B) in subparagraph (A)(ii) by striking (ii) by striking ‘‘the event’’ and inserting dividual retirement plans shall be reduced by ‘‘402(c)(8)(B)’’ and inserting ‘‘402(c)(7)(B)’’, ‘‘the termination’’, the amount described in subparagraph (C). and (C) by striking subparagraph (C), and As of the close of the calendar year in which (C) in subparagraph (B) by striking ‘‘para- (D) by striking ‘‘OR DISPOSITION OF ASSETS the taxable year begins, the reduction of all graphs (2) through (7) (other than paragraph OR SUBSIDIARY’’ in the heading. amounts described in subparagraph (C)(i) (4)(C)) and (9) of section 402(c)’’ and inserting (c) EFFECTIVE DATE.—The amendments shall be applied prior to the computations ‘‘paragraphs (2) through (6) (other than para- made by this section shall apply to distribu- described in subparagraph (A)(iii). The graph (3)(C)) and (8) of section 402(c)’’. tions after December 31, 1999. amount of any distribution with respect to (d) EFFECTIVE DATE.— SEC. 7. TRANSFEREE DEFINED CONTRIBUTION which there is a rollover contribution de- (1) IN GENERAL.—Except as provided by PLAN NEED NOT HAVE SAME DIS- scribed in clause (ii) shall not be treated as paragraph (2), the amendments made by this TRIBUTION OPTIONS AS TRANS- a distribution for purposes of subparagraph section shall apply to distributions made FEROR DEFINED CONTRIBUTION (A). after December 31, 1999. PLAN. ‘‘(C) AMOUNT DESCRIBED.—The amount de- (2) HARDSHIP EXCEPTION.—The amendments (a) IN GENERAL.—Section 411(d)(6) (relating scribed in this subparagraph is the sum of— made by subsection (b) shall apply to 60-day to accrued benefit not to be decreased by ‘‘(i) the amount of the rollover contribu- periods ending after the date of the enact- amendment) is amended by adding at the end tion described in subparagraph (B)(ii), and ment of this Act. the following new subparagraph: ‘‘(ii) in the case of any portion of the dis- SEC. 5. EXTENSION OF MISSING PARTICIPANTS ‘‘(D) PLAN TRANSFERS.—A defined contribu- tribution with respect to which there is not PROGRAM TO MULTIEMPLOYER tion plan (in this subparagraph referred to as a rollover contribution described in para- PLANS. the ‘transferee plan’) shall not be treated as graph (3), the amount of such portion that is (a) IN GENERAL.—Section 4050 of the Em- failing to meet the requirements of this included in gross income under section 72. ployee Retirement Income Security Act of paragraph merely because the transferee ‘‘(D) INCLUDIBLE AMOUNT.—For purposes of 1974 (29 U.S.C. 1350) is amended by redesig- plan does not provide some or all of the this paragraph, the term ‘includible amount’ nating subsection (c) as subsection (d) and by forms of distribution previously available shall mean the amount that is not invest- inserting after subsection (b) the following under another defined contribution plan (in ment in the contract (as defined in section new subsection: this subparagraph referred to as the ‘trans- 72).’’ ‘‘(c) MULTIEMPLOYER PLANS.—The corpora- feror plan’) to the extent that— tion shall prescribe rules similar to the rules (6) TRANSFERS TO IRAS.—Subparagraph (C) ‘‘(i) the forms of distribution previously of section 402(c)(5) (as redesignated by sub- in subsection (a) for multiemployer plans available under the transferor plan applied section (a)(1)) is amended by inserting after covered by this title that terminate under to the account of a participant or beneficiary ‘‘other than money’’ the following: ‘‘or section 4041A.’’ under the transferor plan that was trans- (b) CONFORMING AMENDMENT.—Section where the amount of the distribution exceeds ferred from the transferor plan to the trans- 206(f) of the Employee Retirement Income the amount of the rollover contribution’’. feree plan pursuant to a direct transfer rath- Security Act of 1974 (29 U.S.C. 1056(f)) is (b) HARDSHIP EXCEPTION TO 60-DAY RULE.— amended by striking ‘‘the plan shall provide er than pursuant to a distribution from the (1) PLAN ROLLOVERS.—Paragraph (2) of sec- that,’’. transferor plan, tion 402(c) (as so redesignated) is amended to (c) EFFECTIVE DATE.—The amendments ‘‘(ii) the terms of both the transferor plan read as follows: made by this section shall apply to distribu- and the transferee plan authorize the trans- ‘‘(2) TRANSFER MUST BE MADE WITHIN 60 tions made after final regulations imple- fer described in clause (i), DAYS OF RECEIPT.— menting subsection (c) of section 4050 of the ‘‘(iii) the transfer described in clause (i) ‘‘(A) IN GENERAL.—Except as provided in Employee Retirement Income Security Act was made pursuant to a voluntary election subparagraph (B), paragraph (1) shall not of 1974 (as added by subsection (a)) are pre- by the participant or beneficiary whose ac- apply to any transfer of a distribution made scribed. count was transferred to the transferee plan, after the 60th day following the day on which SEC. 6. RATIONALIZATION OF RESTRICTIONS ON ‘‘(iv) the election described in clause (iii) the distributee received the property distrib- DISTRIBUTIONS FROM DEFINED was made after the participant or bene- uted. CONTRIBUTION PLANS. ficiary received a notice describing the con- ‘‘(B) HARDSHIP EXCEPTION.—The Secretary (a) DISTRIBUTIONS PERMITTED ON SEVER- sequences of making the election, may waive the 60-day requirement under ANCE FROM EMPLOYMENT.— ‘‘(v) if the transferor plan provides for an subparagraph (A) where the failure to waive (1) 401(k) PLANS.—Section 401(k)(2)(B)(i)(I) annuity as the normal form of distribution such requirement would be against equity or (relating to qualified cash or deferred ar- under the plan in accordance with section good conscience, including casualty, dis- rangements) is amended by striking ‘‘separa- 417, the transfer is made with the consent of aster, or other events beyond the reasonable tion from service’’ and inserting ‘‘severance the participant’s spouse (if any), and such control of the individual subject to such re- from employment’’. consent meets requirements similar to the quirement.’’ (2) 403(b) CONTRACTS.— requirements imposed by section 417(a)(2), (2) IRA ROLLOVERS.—Paragraph (3) of sec- (A) Clause (ii) of section 403(b)(7)(A) is and tion 408(d) (relating to rollover contribu- amended by striking ‘‘separates from serv- ‘‘(vi) the transferee plan allows the partici- tions) is amended by adding at the end the ice’’ and inserting ‘‘severs from employ- pant or beneficiary described in clause (iii) following new subparagraph: ment’’. to receive any distribution to which the par- ‘‘(H) WAIVER OF 60-DAY REQUIREMENT.—The (B) Paragraph (11) of section 403(b) is ticipant or beneficiary is entitled under Secretary may waive the 60-day requirement amended— transferee plan in the form of a single sum under subparagraphs (A) and (D) where the (i) by striking ‘‘SEPARATION FROM SERVICE’’ distribution.’’ failure to waive such requirement would be in the heading and inserting ‘‘SEVERANCE (b) AMENDMENT TO ERISA.—Section 204(g) against equity or good conscience, including FROM EMPLOYMENT’’, and of the Employee Retirement Income Secu- casualty, disaster, or other events beyond (ii) by striking ‘‘separates from service’’ rity Act of 1974 (29 U.S.C. 1054(g)) is amended the reasonable control of the individual sub- and inserting ‘‘severs from employment’’. by adding at the end the following new para- ject to such requirement.’’ (3) 457 PLANS.—Clause (ii) of section graph: (c) CONFORMING AMENDMENTS.— 457(d)(1)(A) is amended by striking ‘‘is sepa- ‘‘(4) A defined contribution plan (in this (1) Paragraph (4) of section 402(c) (as redes- rated from service’’ and inserting ‘‘has a sev- paragraph referred to as the ‘transferee ignated by subsection (a)(1)) is amended by erance from employment’’. plan’) shall not be treated as failing to meet striking ‘‘(8)(B)’’ and inserting ‘‘(7)(B)’’. (b) BUSINESS SALE REQUIREMENTS DE- the requirements of this subsection merely (2) Subparagraph (B) of section 403(a)(4) is LETED.— because the transferee plan does not provide amended by striking ‘‘(2) through (7)’’ and (1) IN GENERAL.—Section 401(k)(2)(B)(i)(II) some or all of the forms of distribution pre- inserting ‘‘(2) through (6)’’. (relating to qualified cash or deferred ar- viously available under another defined con- (3) Section 403(b)(8)(A)(ii) (as amended by rangements) is amended by striking ‘‘an tribution plan (in this paragraph referred to section 2) is amended by striking ‘‘section event’’ and inserting ‘‘a plan termination’’. as the ‘transferor plan’) to the extent that— 402(c)(8)(B)’’ and inserting ‘‘section (2) CONFORMING AMENDMENTS.—Section ‘‘(A) the forms of distribution previously 402(c)(7)(B)’’. 401(k)(10) is amended— available under the transferor plan applied S8382 CONGRESSIONAL RECORD — SENATE July 13, 1999 to the account of a participant or beneficiary transfer to a defined benefit governmental more equitable payments to home under the transferor plan that was trans- plan (as defined in section 414(d)) if such health agencies under the Medicare ferred from the transferor plan to the trans- transfer is— Program; to the Committee on Fi- feree plan pursuant to a direct transfer rath- ‘‘(A) for the purchase of permissive service nance. er than pursuant to a distribution from the credit (as defined in section 415(n)(3)(A)) transferor plan, under such plan, or THE PRESERVING ACCESS TO CARE IN THE HOME ‘‘(B) the terms of both the transferor plan ‘‘(B) a repayment to which section 415 does ACT OF 1999 and the transferee plan authorize the trans- not apply by reason of subsection (k)(3) Mr. JEFFORDS. Mr. President, I rise fer described in subparagraph (A), thereof.’’ today to introduce the Preserving Ac- ‘‘(C) the transfer described in subparagraph (b) 457 PLANS.— cess to Care in the Home Act of 1999, (1) Subsection (e) of section 457 is amended (A) was made pursuant to a voluntary elec- also known as the PATCH Act. This tion by the participant or beneficiary whose by adding at the end the following new para- account was transferred to the transferee graph: important bill has been crafted to pro- plan, ‘‘(17) TRUSTEE-TO-TRUSTEE TRANSFERS TO tect access to care for those most in ‘‘(D) the election described in subpara- PURCHASE PERMISSIVE SERVICE CREDIT.—No need, relieve the cash flow problems graph (C) was made after the participant or amount shall be includible in gross income faced by agencies, and improve the beneficiary received a notice describing the by reason of a direct trustee-to-trustee interaction between home health agen- consequences of making the election, transfer to a defined benefit governmental cies and HCFA. I want to recognize plan (as defined in section 414(d)) if such ‘‘(E) if the transferor plan provides for an Senator REED, Senator ENZI, and Sen- annuity as the normal form of distribution transfer is— ator LEAHY. These cosponsors have under the plan in accordance with section ‘‘(A) for the purchase of permissive service 205, the transfer is made with the consent of credit (as defined in section 415(n)(3)(A)) shown tremendous effort and dedica- the participant’s spouse (if any), and such under such plan, or tion in dealing with the crisis in home consent meets requirements similar to the ‘‘(B) a repayment to which section 415 does health care. requirements imposed by section 205(c)(2), not apply by reason of subsection (k)(3) Abraham Lincoln said ‘‘The legiti- and thereof.’’ mate object of government is to do for ‘‘(F) the transferee plan allows the partici- (2) Section 457(b)(2), as amended by section a community of people, whatever they pant or beneficiary described in subpara- 2, is amended by striking ‘‘(other than roll- need to have done, but cannot do at all, graph (C) to receive any distribution to over amounts)’’ and inserting ‘‘(other than which the participant or beneficiary is enti- rollover amounts and amounts received in a or cannot so well do for themselves, in tled under transferee plan in the form of a transfer referred to in subsection (e)(17))’’. their separate and individual capac- single sum distribution.’’ (c) EFFECTIVE DATE.—The amendments ities.’’ This is the essence of home (b) EFFECTIVE DATE.—The amendments made by this section shall apply to trustee- health care. made by this section shall apply to transfers to-trustee transfers after December 31, 1999. Home health care means so much to after December 31, 1999. SEC. 10. PROVISIONS RELATING TO PLAN AMEND- so many people: it means that people MENTS. SEC. 8. EMPLOYERS MAY DISREGARD ROLL- recovering from surgery can go home OVERS FOR PURPOSES OF CASH-OUT (a) IN GENERAL.—If this section applies to AMOUNTS. any plan or contract amendment— sooner—it means that someone recov- (a) AMENDMENTS TO 1986 CODE.— (1) such plan or contract shall be treated as ering from an accident can get physical (1) Section 411(a)(11) (relating to restric- being operated in accordance with the terms therapy in their home, it means our tions on certain mandatory distributions) is of the plan during the period described in seniors can stay at home, and out of amended by adding at the end the following: subsection (b)(2)(A), and nursing homes. It is smart policy from ‘‘(D) SPECIAL RULE FOR ROLLOVER CONTRIBU- (2) such plan shall not fail to meet the re- human and financial standpoints. TIONS.—A plan shall not fail to meet the re- quirements of section 411(d)(6) of the Inter- quirements of this paragraph if, under the nal Revenue Code of 1986 or section 204(g) of My own State of Vermont is a model terms of the plan, the present value of the the Employee Retirement Income Security for providing high-quality, comprehen- nonforfeitable accrued benefit is determined Act of 1974 by reason of such amendment. sive care with a low price tag. For the without regard to that portion of such ben- (b) AMENDMENTS TO WHICH SECTION AP- past eight years, the average Medicare efit which is attributable to rollover con- PLIES.— expenditure for home health care in tributions (and earnings allocable thereto). (1) IN GENERAL.—This section shall apply to Vermont has been the lowest in the na- For purposes of this subparagraph, the term any amendment to any plan or annuity con- tion. Vermont’s home care system was tract which is made— ‘rollover contributions’ means any rollover designed to efficiently meet the needs contribution under sections 402(c), 403(a)(4), (A) pursuant to any amendment made by 403(b)(8), 408(d)(3)(A)(ii), and 457(e)(16).’’ this Act or pursuant to any guidance issued of frail and elderly citizens in our (2) Clause (i) of section 457(e)(9)(A) is by the Secretary of the Treasury (or the Sec- largely rural State, but the Health amended by striking ‘‘such amount’’ and in- retary’s delegate) under any such amend- Care Financing Administration’s serting ‘‘the portion of such amount which is ment, and (HCFA) reimbursement system was not attributable to rollover contributions (as (B) on or before the last day of the first not. HCFA’s interim payment system defined in section 411(a)(11)(D))’’. plan year beginning on or after January 1, (IPS) has been implemented in a man- (b) AMENDMENT TO ERISA.—Section 203(e) 2002. ner that inadequately reimburses agen- of the Employee Retirement Income Secu- In the case of a governmental plan (as de- rity Act of 1974 (29 U.S.C. 1053(e)) is amended cies for the care that they provide. fined in section 414(d) of the Internal Rev- The Balanced Budget Act (BBA) did a by adding at the end the following: enue Code of 1986), this paragraph shall be ‘‘(4) A plan shall not fail to meet the re- applied by substituting ‘‘2004’’ for ‘‘2002’’. lot of good, providing health care cov- quirements of this subsection if, under the (2) CONDITIONS.—This section shall not erage for millions of low income chil- terms of the plan, the present value of the apply to any amendment unless— dren, providing targeted tax relief for nonforfeitable accrued benefit is determined (A) during the period— families and students, tax incentives to without regard to that portion of such ben- (i) beginning on the date the legislative encourage pensions savings, and ex- efit which is attributable to rollover con- amendment or guidance described in para- tending the life of Medicare. However, tributions (and earnings allocable thereto). graph (1)(A) takes effect (or in the case of a For purposes of this paragraph, the term as with most things in life, it was not plan or contract amendment not required by perfect. ‘rollover contributions’ means any rollover such legislative amendment or guidance, the contribution under sections 402(c), 403(a)(4), effective date specified by the plan), and The BBA failed to recognize how the 403(b)(8), 408(d)(3)(A)(ii), and 457(e)(16) of the (ii) ending on the date described in para- new home health reimbursement would Internal Revenue Code of 1986.’’ graph (1)(B) (or, if earlier, the date the plan affect small rural home health care (c) EFFECTIVE DATE.—The amendments or contract amendment is adopted), providers. The IPS has caused such sig- made by this section shall apply to distribu- the plan or contract is operated as if such tions after December 31, 1999. nificant cash flow problems, that many plan or contract amendment were in effect, agencies are struggling to meet their SEC. 9. PURCHASE OF SERVICE CREDIT IN GOV- and ERNMENTAL DEFINED BENEFIT payroll needs. Home health care agen- PLANS. (B) such plan or contract amendment ap- plies retroactively for such period. cies are now facing the prospect of 15 (a) 403(b) PLANS.—Subsection (b) of section percent budget cut next year. This 403 is amended by adding at the end the fol- budget cut, on top of already stretched lowing new paragraph: By Mr. JEFFORDS (for himself, budgets, would be disastrous for pro- ‘‘(13) TRUSTEE-TO-TRUSTEE TRANSFERS TO Mr. REED, Mr. ENZI, and Mr. PURCHASE PERMISSIVE SERVICE CREDIT.—No LEAHY): viders and patients alike. amount shall be includible in gross income S. 1358. A bill to amend title XVIII of The PATCH Act will rectify these by reason of a direct trustee-to-trustee the Social Security Act to provide problems. July 13, 1999 CONGRESSIONAL RECORD — SENATE S8383 First, the PATCH Act eliminates the Home health is also a great avenue for port of the packages, mail and express 15-percent cut scheduled for next year. education. It empowers families to as- items. The actual savings under IPS have ex- sist in the care of their loved ones. Similarly, the frightening success of ceeded initial expectations, so the 15- This, too, results in lower costs be- the Unabomber throughout the 1980’s percent cut is unnecessary to achieve cause family members, in addition to and 1990’s underscores the need for the savings originally projected as health professionals, provide some of tougher controls over hazardous mate- needed. the care. Access to care in the home rials sent via the U.S. Postal Service. Second, the PATCH Act clarifies the must be saved. Ted Kaczynski repeatedly sent explo- definition of ‘‘homebound’’ so that cov- I look forward to turning this legisla- sive devices in packages through the erage decisions are based on the condi- tion into law. The women and men who mail system resulting in three deaths tion of the individual and not on an ar- provide home care are on the front line and 29 injuries. These packages, which bitrary number of absences from the every day and deserve nothing but our weighed on average between five and home. Many seniors have found them- best efforts. ten pounds, were never inspected for selves virtual prisoners in their homes, hazardous contents. Largely in re- threatened with loss of coverage if they By Mr. HOLLINGS: sponse to the Unabomber, the U.S. attend adult day care, weekly religious S. 1359. A bill to amend chapter 51 of Postal Service implemented new re- services, or even visit family members title 49, United States Code, to extend quirements addressing package mail, in the hospital. This makes no sense the coverage of the rules governing the however if a hazmat package is not because all of these activities are steps transportation of hazardous materials, identified at the source, it is important on the road to successful and healthy and for other purposes; to the Com- that the Department of Transportation recovery. Often, home care profes- mittee on Commerce, Science, and hazmat inspectors have the authority sionals want patients to get outside a Transportation. to inspect packages carried by surface little bit, as part of their care plan. POSTAL HAZARDOUS MATERIALS SAFETY and air carriers. This helps fight off depression. Eligi- ENHANCEMENT ACT OF 1999 These accidents clearly demonstrate bility for home care should depend on Mr. HOLLINGS. Mr. President, I rise that the shipment of undeclared haz- the health of the patient. to introduce a bill to insure the safe ardous materials is a serious problem Third, the PATCH Act creates an transportation of hazardous materials that needs more attention. While the ‘‘outlier’’ provision so that medically (hazmat) via the United States Postal U.S. Postal Service has worked hard to complex patients suffering from mul- Service and its contract carriers. train its employees to recognize tiple ailments are not excluded by the The Hazardous Materials Transpor- hazmat shipments, much of the trans- Medicare program. Agencies will re- tation Safety Improvement Act of 1990, portation of postal material is done via ceive reimbursements for reasonable P.L. 103–311, specifically exempted the contract carriers who are not U.S. costs so that they can continue to pro- U.S. Postal Service from Department Postal Service employees. Efforts to vide care for these complex patients of Transportation (DOT) hazmat en- address this issue have been hindered without going bankrupt. Home health forcement. Although they are exempt by the exclusion of DOT inspectors agencies can provide care to long-term from DOT hazmat enforcement, the from regulating hazardous materials chronic care patients at a lower cost U.S. Postal Service self-governs haz- shipped via the U.S. Postal Service. than nursing homes, or hospitals. ardous materials transportation Mr. President, I believe that the U.S. Next, the PATCH Act also matches through internal regulations and in- Postal Service and the DOT hazmat in- the rate of review to the rate of denial spections. spectors are faced with an enormous and provides a reward to agencies for The National Transportation Safety task—keeping our mail and our trans- ‘‘good behavior’’ and incentive to sub- Board has made numerous rec- portation systems safe. My bill would mit ‘‘good claims.’’ Conducting high ommendations over the years to sub- provide for increased authority in cost, intense audits on all agencies, re- ject the U.S. Postal Service to DOT in- hazmat inspections by authorizing gardless of the past efficiency of the spections and increased enforcement DOT inspectors to work in tandem agency, is expensive and unproductive. efforts. In addition, they have also rec- with U.S. Postal Inspectors. The safety Many agencies are finding themselves ommended that the Postal Service be of our transportation system is depend- swamped by pre-payment reviews for subject to enforcement obligations ent on the safety of the cargo it is car- claims that they submit. These reviews similar to those observed by other rying—all hazmat packages should be require that health professionals spend package and express mail operations. adequately inspected and if found un- a substantial amount of their time fill- Due to the fact that only a small per- safe, they should be treated appro- ing out forms instead of providing ur- centage of mail is transported exclu- priately, expeditiously and equally. gently needed care to the elderly. sively by the U.S. Postal Service and I ask unanimous consent that the Matching the rate of review to the rate most of it is contracted out to other full text of the bill be printed in the of denial adds to the efficiency of home carriers, it makes sense that all mail RECORD. health agencies, and the efficiency of and package transporters be subject to There being no objection, the bill was the regulatory. If the finalized denial the same DOT regulations and inspec- ordered to be printed in the RECORD, as rate of claims for a home health agen- tions. follows: cy is less than 5 percent then (a) there We all remember the horrifying crash S. 1359 will be no prepayment reviews, and (b) of ValuJet Airlines, flight 592, into the Be it enacted by the Senate and House of Rep- the post-payment review shall not ex- Everglades in May of 1996. Although resentatives of the United States of America in ceed 10 percent of the claims. the cause of the ValuJet accident was Congress assembled, Finally, the bill restores the periodic not attributed to the U.S. Postal Serv- SECTION 1. SHORT TITLE. interim payment system (PIP) and pro- ice, the situation in which it occurred This Act may be cited as the ‘‘Postal Haz- vides guidelines to HCFA on the devel- demonstrated the importance of accu- ardous Materials Safety Enhancement Act’’. opment of a prospective payment sys- rate labeling in the transportation of SEC. 2. APPLICATION OF HAZMAT REQUIRE- MENTS. tem (PPS) that will be fair to hazardous materials. Following the (a) IN GENERAL.—Section 5102(9)(B) of title Vermont’s low-cost, rural providers. ValuJet accident, the NTSB made mul- 49, United States Code, is amended to read as The sooner you can return patients tiple recommendations to the U.S. follows: to their homes, the sooner they can re- Postal Service about increased safety ‘‘(B) for purposes of sections 5123 and 5124 cover. The familiar environment of the in the transport of hazmat. However, in of this title, does not include a department, home, family, and friends is more nur- the year following the ValuJet incident agency, or instrumentality of the Govern- turing to recovering patients than the there were thirteen additional haz- ment.’’ often stressful and unfamiliar sur- ardous materials incidents that oc- (b) COORDINATION.—In carrying out the pro- visions of chapter 51 of title 49, United roundings of a hospital. Home health curred when U.S. mail was transported States Code, the Secretary of Transportation allows them to receive treatment for via air. There should be a better safety shall consult with the Postmaster General in their medical conditions while being net for the public and the employees order to coordinate, to the greatest extent integrated back into independence. who are charged with the safe trans- feasible, the enforcement of that chapter. S8384 CONGRESSIONAL RECORD — SENATE July 13, 1999 SEC. 3 TRANSPORTATION OF HAZARDOUS MATE- not turn it down. This statutory man- I allowed the agents to have proximity RIALS VIA THE UNITED STATES date reflects the critical importance first because they had my full confidence and MAIL. that Congress has attached to the secondly because I knew them to be totally (a) IN GENERAL.—Section 5102 of title 49, discreet and honorable. . . . United States Code, is amended by— physical safety of these officials. . . . I can assure you that had I felt they (1) redesignating paragraph (13) as para- Congress has also charged the Secret would be compelled to testify as to what graph (14); and Service with responsibility for pro- they had seen or heard, no matter what the (2) inserting after paragraph (12) the fol- tecting visiting heads of foreign states subject, I would not have felt comfortable lowing: and foreign governments. The assas- having them close in ‘‘(13) ‘transportation of hazardous material sination of a foreign head of state on . . . I feel very strongly that the [Secret in commerce’ and ‘transporting hazardous American soil could be catastrophic Service] agents should not be made to appear material in commerce’ include the transpor- from a foreign relations standpoint and in court to discuss that which they might or tation of hazardous material in the United might not have seen or heard. States mail.’’. could seriously threaten national secu- What’s at stake here is the confidence of (b) REPEAL OF EXCEPTION.—Section 5126(b) rity. the President in the discretion of the [Secret of such title is amended to read as follows: The Secret Service Protective Privi- Service]. If that confidence evaporates the ‘‘(b) NONAPPLICATION.—This chapter does lege Act of 1999 would enhance the Se- agents, denied proximity, cannot properly not apply to a pipeline subject to regulation cret Service’s ability to protect these protect the President. under chapter 601 of this title.’’. officials, and the nation, from the risk As President Bush’s letter makes of assassination. It would do this by fa- plain, requiring Secret Service agents By Mr. LEAHY: cilitating the relationship of trust be- to betray the confidence of the people S. 1360. A bill to preserve the effec- tween these officials and their Secret whose lives they protect could seri- tiveness of Secret Service protection Service protectors that is essential to ously jeopardize the ability of the by establishing a protective function the Service’s protective strategy. Service to perform its crucial national privilege, and for other purposes; to the The Service uses a ‘‘protective enve- security function. Committee on the Judiciary. lope’’ method of protection. Agents and The possibility that Secret Service SECRET SERVICE PROTECTION PRIVILEGE ACT OF officers surround the protectee with an personnel might be compelled to tes- 1999 all-encompassing zone of protection on tify about their protectees could have a Mr. LEAHY. Mr. President, I rise a 24-hour-a-day basis. In the face of particularly devastating affect on the today to introduce the Secret Service danger, they will shield the protectee’s Service’s ability to protect foreign dig- Protective Privilege Act of 1999. This body with their own bodies and move nitaries. The mere fact that this issue legislation is intended to ensure the him to a secure location. has surfaced is likely to make foreign ability of the United States Secret That is how the Secret Service avert- governments less willing to accommo- Service to fulfill its vital mission of ed a national tragedy on March 30, 1981, date Secret Service both with respect protecting the life and safety of the when John Hinckley attempted to as- to the protection of the President and President and other important persons. sassinate President Reagan. Within Vice President on foreign trips, and the Almost five months have passed since seconds of the first shot being fired, Se- protection of foreign heads of state the impeachment proceedings against cret Service personnel had shielded the traveling in the United States. President Clinton were concluded, and President’s body and maneuvered him The recent court decisions, which re- the time has come for Congress to re- into the waiting limousine. One agent fused to recognize a protective function pair some of the damage that was done in particular, Agent Tim McCarthy, po- privilege, could have a devastating im- during that divisive episode. I refer to sitioned his body to intercept a bullet pact upon the Secret Service’s ability the misguided efforts of Independent intended for the President. If Agent to provide effective protection. The Counsel Kenneth Starr to compel Se- McCarthy had been even a few feet far- courts ignored the voices of experi- cret Service agents to answer questions ther from the President, history might ence—former Presidents, Secret Serv- about what may have observed or over- have gone very differently. ice Directors, and others—who warned heard while protecting the life of the For the Secret Service to maintain of the potentially deadly consequences. President. this sort of close, unremitting prox- The courts disregarded the lessons of Few national interests are more com- imity to the President and other history. We cannot afford to be so cav- pelling than protecting the life of the protectees, it must have their com- alier; the stakes are just too high. President of the United States. The Su- plete, unhesitating trust and con- The security of our chief executive preme Court has said that the nation fidence. Secret Service personnel must officers and visiting foreign heads of has ‘‘an overwhelming interest in pro- be able to remain at the President’s state is a matter that transcends all tecting the safety of its Chief Execu- side even during confidential and sen- partisan politics. I urge my colleagues tive and in allowing him to perform his sitive conversations, when they may to support this legislation and ask duties without interference from overhear military secrets, diplomatic unanimous consent that the bill and a threats of physical violence.’’ [Watts v. exchanges, and family and private mat- summary of the bill be printed in the United States, 394 U.S. 705, 707 (1969).] ters. If our Presidents do not have com- RECORD. What’s at stake is not merely the safe- plete trust in the Secret Service per- There being no objection, the mate- ty of one person. What’s at stake is the sonnel who protect them, they could rial was ordered to be printed in the ability of the Executive Branch to try to push away the Service’s ‘‘protec- RECORD, as follows: function in an effective and orderly tive envelope’’ or undermine it to the S. 1360 fashion, and the capacity of the United point where it could no longer be fully Be it enacted by the Senate and House of Rep- States to respond to threats and crises. effective. resentatives of the United States of America in Think of the shock waves that rocked This is more than a theoretical possi- Congress assembled, the world in November 1963 when Presi- bility. Consider what former President SECTION 1. SHORT TITLE. dent Kennedy was assassinated. The as- This Act may be cited as the ‘‘Secret Serv- Bush wrote last April, after hearing of ice Protective Privilege Act of 1999’’. sassination of a President has inter- the independent counsel’s efforts to SEC. 2. FINDINGS AND PURPOSES. national repercussions and threatens compel Secret Service testimony: (a) FINDINGS.—Congress makes the fol- the security and future of the entire The bottom line is I hope that [Secret lowing findings: nation. Service] agents will be exempted from testi- (1) The physical safety of the Nation’s top The threat to our national security fying before the Grand Jury. What’s at stake elected officials is a public good of tran- and to our democracy extends beyond here it the protection of the life of the Presi- scendent importance. the life of the President to those in di- dent and his family and the confidence and (2) By virtue of the critical importance of rect line of the Office of the Presi- trust that a President must have in the [Se- the Office of the President, the President and dent—the Vice President, the Presi- cret Service]. those in direct line of the Presidency are If a President feels that Secret Service subject to unique and mortal jeopardy—jeop- dent-elect, and the Vice President agents can be called to testify about what ardy that in turn threatens profound disrup- elect. By Act of Congress, these offi- they might have seen or heard then it is tion to our system of representative govern- cials are required to accept the protec- likely that the President will be uncomfort- ment and to the security and future of the tion of the Secret Service—they may able having the agents near by. Nation. July 13, 1999 CONGRESSIONAL RECORD — SENATE S8385 (3) The physical safety of visiting heads of ‘‘§ 3056A. Testimony by Secret Service per- and visiting heads of foreign states or foreign states and foreign governments is sonnel; protective function privilege foreign governments. also a matter of paramount importance. The ‘‘(a) DEFINITIONS.—In this section: Subsection (c) creates a crime-fraud assassination of such a person while on ‘‘(1) PROTECTEE.—The term ‘protectee’ exception to the privilege, which ap- American soil could have calamitous con- means— plies with respect to information that, sequences for our foreign relations and na- ‘‘(A) the President; tional security. at the time it was acquired by Secret ‘‘(B) the Vice President (or other officer Service personnel, was sufficient to (4) Given these grave concerns, Congress next in the order of succession to the Office has provided for the Secret Service to pro- of President); provide reasonable grounds to believe tect the President and those in direct line of ‘‘(C) the President-elect; that a crime had been, was being, or the Presidency, and has directed that these ‘‘(D) the Vice President-elect; and would be committed. This subsection officials may not waive such protection. Con- ‘‘(E) visiting heads of foreign states or for- also provides that the privilege may be gress has also provided for the Secret Service eign governments who, at the time and place waived by a protectee or by his or her to protect visiting heads of foreign states concerned, are being provided protection by legal representative. and foreign governments. the United States Secret Service. Subsection (d) provides that the (5) The protective strategy of the Secret ‘‘(2) SECRET SERVICE PERSONNEL.—The term proximity of Secret Service personnel Service depends critically on the ability of ‘Secret Service personnel’ means any officer its personnel to maintain close and to a protectee shall not, by itself, de- or agent of the United States Secret Service. feat an otherwise valid claim of privi- unremitting physical proximity to the ‘‘(b) GENERAL RULE OF PRIVILEGE.—Subject protectee. to subsection (c), testimony by Secret Serv- lege. This addresses the situation in (6) Secret Service personnel must remain ice personnel or former Secret Service per- which Secret Service personnel over- at the side of the protectee on occasions of sonnel regarding information affecting a hear confidential communications be- confidential conversations and, as a result, protectee that was acquired during the per- tween the protectee and, say, the may overhear top secret discussions, diplo- formance of a protective function in physical protectee’s spouse or attorney. matic exchanges, sensitive conversations, proximity to the protectee shall not be re- and matters of personal privacy. ceived in evidence or otherwise disclosed in By Mr. STEVENS (for himself, (7) The necessary level of proximity can be any trial, hearing, or other proceeding in or (Mr. INOUYE, Mr. LOTT, Mrs. maintained only in an atmosphere of com- before any court, grand jury, department, of- FEINSTEIN, Mr. AKAKA, and Mr. plete trust and confidence between the ficer, agency, regulatory body, or other au- protectee and his or her protectors. GRAHAM): thority of the United States, a State, or a S. 1361. A bill to amend the Earth- (8) If a protectee has reason to doubt the political subdivision thereof. quake Hazards Reduction Act of 1977 to confidentiality of actions or conversations ‘‘(c) EXCEPTIONS.—There is no privilege taken in sight or hearing of Secret Service under this section— provide for an expanded Federal pro- personnel, the protectee may seek to push ‘‘(1) with respect to information that, at gram of hazard mitigation, relief, and the protective envelope away or undermine the time the information was acquired by insurance against the risk of cata- it to the point at which it could no longer be Secret Service personnel, was sufficient to strophic natural disasters, such as hur- fully effective. provide reasonable grounds to believe that a ricanes, earthquakes, and volcanic (9) The possibility that Secret Service per- crime had been, was being, or would be com- eruptions, and for other purposes; to sonnel might be compelled to testify against mitted; or their protectees could induce foreign nations the Committee on Commerce, Science, ‘‘(2) if the privilege is waived by the and Transportation. to refuse Secret Service protection in future protectee or the legal representative of a state visits, making it impossible for the Se- protectee or deceased protectee. NATURAL DISASTER PROTECTION AND cret Service to fulfill its important statu- ‘‘(d) CONCURRENT PRIVILEGES.—The prox- INSURANCE ACT OF 1999 tory mission of protecting the life and safety imity of Secret Service personnel to a Mr. STEVENS. Mr. President, today of foreign dignitaries. protectee engaged in a privileged commu- I am introducing the Natural Disaster (10) A privilege protecting information ac- nication with another shall not, by itself, de- Protection and Insurance Act of 1999. quired by Secret Service personnel while per- feat an otherwise valid claim of privilege.’’. This bill will provide the Nation with a forming their protective function in physical (b) TECHNICAL AND CONFORMING AMEND- way of dealing with major national dis- proximity to a protectee will preserve the se- MENT.—The analysis for chapter 203 of title asters. As many of my colleagues are curity of the protectee by lessening the in- 18, United States Code, is amended by insert- aware I have maintained an interest in centive of the protectee to distance Secret ing after the item relating to section 3056 the Service personnel in situations in which following: this area for some time. Over the last decade we have witnessed natural dis- there is some risk to the safety of the ‘‘3056A. Testimony by Secret Service per- protectee. sonnel; protective function asters and the devastating effect that (11) Recognition of a protective function privilege.’’. they can have on our property, econ- privilege for the President and those in di- SEC. 4. APPLICATION. omy and quality of life. rect line of the Presidency, and for visiting This Act and the amendments made by Damages from Hurricane Andrew re- heads of foreign states and foreign govern- this Act shall apply to any proceeding com- sulted in the insolvency of insurance ments, will promote sufficiently important menced on or after the date of enactment of companies and a lack of confidence interests to outweigh the need for probative this Act. evidence. within the industry to deal with simi- (12) Because Secret Service personnel re- lar catastrophes in the future. Major SUMMARY OF THE SECRET SERVICE tain law enforcement responsibility even hurricane risk is increasing. Some sci- PROTECTIVE PRIVILEGE ACT OF 1999 while engaged in their protective function, entists predict that the next decade the privilege must be subject to a crime/trea- The proposed legislation would add a will bring more favorable conditions son exception. new section 2056A to title 18, United for a major hurricane hitting the U.S. (b) PURPOSES.—The purposes of this Act States Code, establishing a protective than existed in the period leading up are— function privilege. There are four sub- the Hurricane Andrew. (1) to facilitate the relationship of trust sections. Over half of the population of the and confidence between Secret Service per- Subsection (a) establishes the defini- United States resides within the coast- sonnel and certain protected officials that is tions used in the section. essential to the ability of the Secret Service al zone (approximately 300 km centered to protect these officials, and the Nation, Subsection (b) states the general rule at the coastline). Infrastructure and from the risk of assassination; and that testimony by Secret Service per- population along our coast is growing (2) to ensure that Secret Service personnel sonnel or former Secret Service per- rapidly and so our vulnerability to hur- are not precluded from testifying in a crimi- sonnel regarding information affecting ricanes is increasing dramatically. nal investigation or prosecution about un- a protectee that was acquired during My Home State of Alaska has had at lawful activity committed within their view the performance of a protective func- least nine major earthquakes of 7.4 or hearing. tion in physical proximity to the magnitude or more on the Richter SEC. 3. ESTABLISHMENT OF PROTECTIVE FUNC- protectee shall not be received in evi- scale. Alaska’s 1964 Good Friday Earth- TION PRIVILEGE. dence or otherwise disclosed. The privi- quake was one of the world’s most pow- (a) ADMISSIBILITY OF INFORMATION AC- lege operates only with respect to the erful, registering, a magnitude of 9.2 on QUIRED BY SECRET SERVICE PERSONNEL WHILE PERFORMING THEIR PROTECTIVE FUNCTION.— President, the Vice President (or other the Richter scale. Chapter 203 of title 18, United States Code, is officer next in the order of succession The Alaska quake of 1964 destroyed amended by inserting after section 3056 the to the Office of President), the Presi- the economic basis of entire commu- following: dent-elect, the Vice President-elect, nities. Whole fishing fleets, harbors, S8386 CONGRESSIONAL RECORD — SENATE July 13, 1999 and canneries were lost. The shaking Ranking Member of the Senate Appro- volved including the Florida Joint Un- caused tidal waves. Petroleum storage priations Committee in introducing derwriters Associations, and the expan- tanks ruptured and the contents legislation that creates a federal com- sion of the Florida Windstorm Under- caught fire. Burning oil ran into the plement to efforts of state govern- writers Association. bay and was carried to the waterfront ments, local communities, and the pri- Our recent experience tells us that it by large waves. These waves of fire de- vate sector to make future disasters is time for Congress to help reverse the stroyed docks, piers, and small-boat cost less. rising costs of natural disasters. The harbors. Total property damage was Mr. President, I am a life-long Flo- Natural Disaster Protection and Insur- $311 million in 1964 dollars. Experts ridian. When children grow up in Flor- ance Act of 1999 is a step in the right predict that a quake this size in the ida they learn, usually from first hand direction. This legislation directs the lower 48 would kill thousands and cost experience, to expect devastating Secretary of the Treasury to carry out up to $200 billion. storm activity in their communities. a program to make reinsurance avail- According to Michael J. Armstrong, Hurricane Season is an annual event. able for purchase by eligible state pro- associate director, mitigation direc- Florida suffers from often violent sum- grams, private insurers and reinsurers torate of the Federal Emergency Man- mer storms, tornadoes, and wildfires. by way of auctions. It provides a back- agement Agency: With all of this natural disaster activ- stop for state-operated insurance pro- Earthquakes represent the largest single ity in my state alone, you can image grams, and complements existing in- potential for casualties and damage from a that the costs of paying for the dam- surance industry efforts without en- natural hazard facing this country. They ages incurred by these events is quite croaching upon the private sector. represent a national threat, as all but seven staggering. These costs require the im- This initiative appropriately allows States in the U.S. are at some level of risk. mediate action of Congress. state and industry leaders to assist in In our most recent earthquake disaster, In August of 1992, Hurricane Andrew addressing local needs. Specifically, Northridge, (CA), a moderate earthquake roared ashore in the middle of the centered on the fringe of a major metropoli- Contractural coverage would include tan area caused an estimated $40 billion in night and devastated much of South residential property losses resulting damage. A large magnitude earthquake lo- Florida. The total costs of cleanup and from disasters. cated under one of several urban regions in rebuilding from Hurricane Andrew was The Treasury Department would be the United States could cause thousands of $36 billion. This includes nearly $16 bil- prohibited from offering any coverage casualties and losses approaching $200 bil- lion in total insured loses, of which $12 that competes with or replaces private lion. billion were homeowner policies. After insurers. Accordingly, reducing earthquake losses is Andrew 10 private insurance companies A portion of the premiums would go a matter of national concern—recent find- in the State of Florida were rendered ings show a significantly increased potential to a mitigation fund to support state for damaging earthquake in southern Cali- insolvent and had to leave the state. level emergency preparedness. fornia, and in northern California on the Nearly 960,000 insurance policies were This initiative is a bipartisan and bi- Hayward Fault. Studies also show higher po- canceled or not renewed. cameral effort. My Florida colleague, tential earthquakes for the Pacific North- There may be more Hurricane An- Congressman BILL MCCOLLUM, has west and Coastal South Carolina. This is in drew’s in our future. The National joined Representative LAZIO to lead addition to areas of earthquake risk that Weather Service has predicted 1999 will this effort in the House of Representa- have already been identified, such as the be an extremely active hurricane sea- tives. We have been working closely New Madrid Fault Zone in the Central U.S. son. They have estimated that up to 14 and Wasatch Front in Utah. with the Administration, affected state named storms will develop in the At- and local level organizations, and pri- Before 1989, the United States had lantic Ocean, 10 of those are expected vate realtors and insurers. We all agree never experienced a disaster costing to become hurricanes. that the insurance industry cannot en- more than $1 billion in insured losses. The rising costs associated with dure the ravage of large scale natural Since then, we have had nine disasters events such as Hurricane Andrew have disasters alone. Action at the federal that have cost more than $1 billion. also demonstrated that insurers face level is needed to continue insuring in- Today, Senators INOUYE, LOTT, BOB the risk of insolvency if they are over- dividual homeowners and business in GRAHAM, FEINSTEIN, AKAKA, and I in- ly concentrated in vulnerable regions areas vulnerable to catastrophe. troduce this bill to reduce the cost to of our country. Since 1992, insurers Mr. President, we have an oppor- the Federal Government of earth- have widely avoided writing policies in tunity today to continue the working quakes, hurricanes, and other natural disaster prone areas of Florida. A con- partnership between the federal gov- disasters. gressional report on this subject re- ernment, states, local communities and First, the bill will reduce Federal vealed that the total supply of avail- the private sector. The consequences of costs by expanding the use and avail- able reinsurance is approximately $7 insurance shortages and exposure to ability of private insurance. billion. This is only 10 percent of the known hazards must be addressed im- Second, the bill will provide incen- potential loss which might occur from mediately. I encourage my colleagues tives to improve State disaster stra- a worst case natural disaster scenario. to support this initiative. tegic planning. Companies that provide insurance of And, third, the bill will create a na- last resort have entered disaster-vul- f tional, privately funded catastrophic nerable insurance markets and filled ADDITIONAL COSPONSORS insurance pool to shoulder the risk of this vacuum. Generally, these products very large disasters. of last resort provide less coverage S. 57 Mr. President, the more private in- than a commercial property insurance At the request of Ms. MIKULSKI, the surance individuals buy, the less dis- policy, but at much greater price. In name of the Senator from North Da- aster relief Federal taxpayers must Florida, such a policy averages in ex- kota (Mr. DORGAN) was added as a co- pay. For instance, if this bill had been cess of 500 percent as compared to a sponsor of S. 57, a bill to amend title 5, in place before Hurricane Andrew and commercial policy. United States Code, to provide for the California’s Northridge Earthquake, I State Insurance Commissions and establishment of a program under am advised that it could have reduced state legislatures have literally cre- which long-term care insurance is Federal costs by at least $5 billion. ated rainy day funds in an attempt to made available to Federal employees I ask my colleagues to join me and prevent an insurance availability cri- and annuitants, and for other purposes. the cosponsors in supporting this bill. sis. This includes: Florida Catastrophe S. 211 Because major natural catastrophes Reinsurance Fund, the California At the request of Mr. MOYNIHAN, the are increasingly common and costly for Earthquake Authority, and the Hawaii names of the Senator from New Mexico U.S. citizens, we must be willing to Hurricane Relief Fund. In my State of (Mr. BINGAMAN) and the Senator from make a commitment now to prepare Florida, we have also created programs Arkansas (Mrs. LINCOLN) were added as for these future events in advance. to provide insurance for those who can- cosponsors of S. 211, a bill to amend the Mr. GRAHAM. Mr. President, I rise not purchase insurance from any pri- Internal Revenue Code of 1986 to make to join the distinguished chairman and vate source because of the risk in- permanent the exclusion for employer- July 13, 1999 CONGRESSIONAL RECORD — SENATE S8387 provided educational assistance pro- sistance for poison prevention and to the Internal Revenue Code of 1986 to grams, and for other purposes. stabilize the funding of regional poison permanently extend the subpart F ex- S. 253 control centers. emption for active financing income. At the request of Mr. MURKOWSKI, the S. 717 S. 926 name of the Senator from Oregon (Mr. At the request of Ms. MIKULSKI, the At the request of Mr. DODD, the SMITH) was added as a cosponsor of S. names of the Senator from Massachu- names of the Senator from Maryland 253, a bill to provide for the reorganiza- setts (Mr. KERRY) and the Senator from (Ms. MIKULSKI) and the Senator from tion of the Ninth Circuit Court of Ap- South Dakota (Mr. JOHNSON) were Pennsylvania (Mr. SANTORUM) were peals, and for other purposes. added as cosponsors of S. 717, a bill to added as cosponsors of S. 926, a bill to S. 335 amend title II of the Social Security provide the people of Cuba with access At the request of Ms. COLLINS, the Act to provide that the reductions in to food and medicines from the United name of the Senator from Massachu- social security benefits which are re- States, and for other purposes. setts (Mr. KERRY) was added as a co- quired in the case of spouses and sur- S. 984 sponsor of S. 335, a bill to amend chap- viving spouses who are also receiving At the request of Ms. COLLINS, the ter 30 of title 39, United States Code, to certain Government pensions shall be name of the Senator from Oregon (Mr. provide for the nonmailability of cer- equal to the amount by which two- SMITH) was added as a cosponsor of S. tain deceptive matter relating to thirds of the total amount of the com- 984, a bill to amend the Internal Rev- games of chance, administrative proce- bined monthly benefit (before reduc- enue Code of 1986 to modify the tax dures, orders, and civil penalties relat- tion) and monthly pension exceeds credit for electricity produced from ing to such matter, and for other pur- $1,200, adjusted for inflation. certain renewable resources. poses. S. 821 S. 1006 S. 345 At the request of Mr. LAUTENBERG, At the request of Mr. TORRICELLI, the At the request of Mr. ALLARD, the the name of the Senator from Cali- names of the Senator from Illinois (Mr. name of the Senator from Illinois (Mr. fornia (Mrs. BOXER) was added as a co- DURBIN) and the Senator from Massa- DURBIN) was added as a cosponsor of S. sponsor of S. 821, a bill to provide for chusetts (Mr. KENNEDY) were added as 345, a bill to amend the Animal Welfare the collection of data on traffic stops. cosponsors of S. 1006, a bill to end the Act to remove the limitation that per- S. 836 use of conventional steel-jawed leghold mits interstate movement of live birds, At the request of Mr. GRAHAM, the traps on animals in the United States. for the purpose of fighting, to States in name of the Senator from Arkansas S. 1016 which animal fighting is lawful. (Mrs. LINCOLN) was added as a cospon- At the request of Mr. DEWINE, the At the request of Ms. COLLINS, the sor of S. 836, a bill to amend the Public name of the Senator from California name of the Senator from New Jersey Health Service Act, the Employee Re- (Mrs. BOXER) was added as a cosponsor (Mr. LAUTENBERG) was added as a co- tirement Income Security Act of 1974, of S. 1016, a bill to provide collective sponsor of S. 345, supra. and the Internal Revenue Code of 1986 bargaining for rights for public safety S. 429 to require that group health plans and officers employed by States or their po- At the request of Mr. DURBIN, the health insurance issuers provide litical subdivisions. name of the Senator from Connecticut women with adequate access to pro- S. 1025 (Mr. LIEBERMAN) was added as a co- viders of obstetric and gynecological At the request of Mr. MOYNIHAN, the sponsor of S. 429, a bill to designate the services. name of the Senator from Ohio (Mr. legal public holiday of ‘‘Washington’s S. 861 DEWINE) was added as a cosponsor of S. Birthday’’ as ‘‘Presidents’ Day’’ in At the request of Mr. DURBIN, the 1025, a bill to amend title XVIII of the honor of George Washington, Abraham name of the Senator from Illinois (Mr. Social Security Act to ensure the prop- Lincoln, and Franklin Roosevelt and in FITZGERALD) was added as a cosponsor er payment of approved nursing and al- recognition of the importance of the of S. 861, a bill to designate certain lied health education programs under institution of the Presidency and the Federal land in the State of Utah as the medicare program. contributions that Presidents have wilderness, and for other purposes. S. 1038 made to the development of our Nation S. 875 At the request of Mr. GRASSLEY, the and the principles of freedom and de- At the request of Mr. ALLARD, the name of the Senator from South Da- mocracy. name of the Senator from Kansas (Mr. kota (Mr. JOHNSON) was added as a co- S. 459 BROWNBACK) was added as a cosponsor sponsor of S. 1038, a bill to amend the At the request of Mr. BREAUX, the of S. 875, a bill to amend the Internal Internal Revenue Code of 1986 to ex- names of the Senator from Connecticut Revenue Code of 1986 to expand S cor- empt small issue bonds for agriculture (Mr. LIEBERMAN), the Senator from poration eligibility for banks, and for from the State volume cap. Alaska (Mr. MURKOWSKI), and the Sen- other purposes. S. 1053 ator from Hawaii (Mr. AKAKA) were S. 877 At the request of Mr. BOND, the name added as cosponsors of S. 459, a bill to At the request of Mr. BROWNBACK, the of the Senator from Kansas (Mr. ROB- amend the Internal Revenue Code of names of the Senator from Montana ERTS) was added as a cosponsor of S. 1986 to increase the State ceiling on (Mr. BURNS) and the Senator from 1053, a bill to amend the Clean Air Act private activity bonds. Michigan (Mr. ABRAHAM) were added as to incorporate certain provisions of the S. 472 cosponsors of S. 877, a bill to encourage transportation conformity regulations, At the request of Mr. GRASSLEY, the the provision of advanced service, and as in effect on March 1, 1999. name of the Senator from Maine (Ms. for other purposes. S. 1087 SNOWE) was added as a cosponsor of S. S. 879 At the request of Mr. HUTCHINSON, 472, a bill to amend title XVIII of the At the request of Mr. CONRAD, the the name of the Senator from Min- Social Security Act to provide certain name of the Senator from Alaska (Mr. nesota (Mr. WELLSTONE) was added as a medicare beneficiaries with an exemp- MURKOWSKI) was added as a cosponsor cosponsor of S. 1087, a bill to amend tion to the financial limitations im- of S. 879, a bill to amend the Internal title 38, United States Code, to add posed on physical, speech-language pa- Revenue Code of 1986 to provide a bronchioloalveolar carcinoma to the thology, and occupational therapy shorter recovery period for the depre- list of diseases presumed to be service- services under part B of the medicare ciation of certain leasehold improve- connected for certain radiation-ex- program, and for other purposes. ments. posed veterans. S. 632 S. 892 S. 1091 At the request of Mr. DEWINE, the At the request of Mr. HATCH, the At the request of Mr. DEWINE, the name of the Senator from Arkansas name of the Senator from West Vir- name of the Senator from Minnesota (Mr. HUTCHINSON) was added as a co- ginia (Mr. ROCKEFELLER) was added as (Mr. WELLSTONE) was added as a co- sponsor of S. 632, a bill to provide as- a cosponsor of S. 892, a bill to amend sponsor of S. 1091, a bill to amend the S8388 CONGRESSIONAL RECORD — SENATE July 13, 1999 Public Health Service Act to provide gressional Recognition for Excellence (b) EXEMPTION FOR INCREASED COST.—For for the establishment of a pediatric re- in Arts Education Board. purposes of subsection (a)(1), if an actuary certified in accordance with generally recog- search initiative. S. 1296 nized standards of actuarial practice by a S. 1144 At the request of Mr. MCCONNELL, member of the American Academy of Actu- At the request of Mr. VOINOVICH, the the name of the Senator from North aries or by another individual whom the Sec- names of the Senator from Illinois (Mr. Carolina (Mr. HELMS) was added as a retary has determined to have an equivalent DURBIN) and the Senator from Maine cosponsor of S. 1296, a bill to designate level of training and expertise certifies that (Ms. SNOWE) were added as cosponsors portions of the lower Delaware River the application of this Act to a group health of S. 1144, a bill to provide increased and associated tributaries as a compo- plan (or health insurance coverage offered in flexibility in use of highway funding, nent of the National Wild and Scenic connection with the group health plan) will result in the increase described in subsection and for other purposes. Rivers System. (a)(1) for a plan year during which this Act is At the request of Mr. VOINOVICH, the S. 1317 fully implemented, the provisions of this Act name of the Senator from New York At the request of Mr. AKAKA, the shall not apply with respect to the group (Mr. SCHUMER) was withdrawn as a co- name of the Senator from North Da- health plan (or the coverage). sponsor of S. 1144, supra. kota (Mr. DORGAN) was added as a co- (c) EXEMPTION FOR DECREASED NUMBER OF S. 1166 sponsor of S. 1317, a bill to reauthorize INSURED PERSONS.—For purposes of sub- section (a)(2), unless the Administrator of At the request of Mr. NICKLES, the the Welfare-To-Work program to pro- the Health Care Financing Administration name of the Senator from Texas (Mrs. vide additional resources and flexi- certifies, on the basis of projections by the HUTCHISON) was added as a cosponsor of bility to improve the administration of National Association of Insurance Commis- S. 1166, a bill to amend the Internal the program. sioners, that the provisions of this Act will Revenue Code of 1986 to clarify that S. 1332 not result in the decrease described in sub- section (a)(2) for a plan year during which natural gas gathering lines are 7-year At the request of Mr. BAYH, the property for purposes of depreciation. this Act is fully implemented, the provisions names of the Senator from Oregon (Mr. of this Act shall not apply with respect to a S. 1216 SMITH), and the Senator from Maine group health plan (or health insurance cov- At the request of Mr. TORRICELLI, the (Ms. COLLINS) were added as cosponsors erage offered in connection with a group name of the Senator from Massachu- of S. 1332, a bill to authorize the Presi- health plan). setts (Mr. KENNEDY) was added as a co- dent to award a gold medal on behalf of sponsor of S. 1216, a bill to amend the Congress to Father Theodore M. ROBB (AND OTHERS) AMENDMENT Marine Mammal Protection Act of 1972 Hesburg, in recognition of his out- NO. 1237 to establish a Marine Mammal Rescue standing and enduring contributions to Grant Program, and for other purposes. civil rights, higher education, the Mr. KENNEDY (for Mr. ROBB (for S. 1232 Catholic Church, the Nation, and the himself, Mrs. MURRAY, Mrs. BOXER, Ms. At the request of Mr. COCHRAN, the global community. MIKULSKI, Mr. KENNEDY, Mr. REID, Mr. names of the Senator from Tennessee SENATE RESOLUTION 99 DURBIN, Mr. FEINGOLD, Mrs. LINCOLN, Mr. DASCHLE, Mr. BYRD, Mr. (Mr. THOMPSON), the Senator from Con- At the request of Mr. REID, the name necticut (Mr. LIEBERMAN), the Senator of the Senator from Massachusetts LIEBERMAN, Mr. BINGAMAN, Mr. BRYAN, and Mr. HARKIN)) proposed an amend- from Virginia (Mr. WARNER), the Sen- (Mr. KENNEDY) was added as a cospon- ator from Maryland (Mr. SARBANES), sor of Senate Resolution 99, a resolu- ment to amendment No. 1236 proposed and the Senator from Vermont (Mr. tion designating November 20, 1999, as by Mr. NICKLES to the bill, S. 1344, LEAHY) were added as cosponsors of S. ‘‘National Survivors for Prevention of supra; as follows: 1232, a bill to provide for the correction Suicide Day.’’ In the amendment, strike all after the first word and insert the following: of retirement coverage errors under f chapters 83 and 84 of title 5, United STANDARDS RELATING TO BENEFITS FOR States Code. AMENDMENTS SUBMITTED CERTAIN BREAST CANCER TREATMENT AND ACCESS TO APPROPRIATE OBSTET- S. 1266 RICAL AND GYNECOLOGICAL CARE At the request of Mr. GORTON, the PATIENTS’ BILL OF RIGHTS ACT (a) BREAST CANCER TREATMENT.— name of the Senator from New Mexico (1) INPATIENT CARE.—A group health plan, (Mr. DOMENICI) was added as a cospon- or a health insurance issuer in connection sor of S. 1266, a bill to allow a State to NICKLES (AND OTHERS) with group health insurance coverage, that combine certain funds to improve the AMENDMENT NO. 1236 provides medical and surgical benefits shall academic achievement of all its stu- Mr. NICKLES (for himself, Mr. ensure that inpatient coverage with respect dents. to the treatment of breast cancer is provided GRAMM, and Ms. COLLINS) proposed an for a period of time as is determined by the S. 1274 amendment to the bill (S. 1344) to attending physician, in his or her profes- At the request of Mr. GRAMS, the amend the Public Health Service Act, sional judgment consistent with generally names of the Senator from Colorado the Employee Retirement Income Se- accepted medical standards, and the patient, (Mr. ALLARD) and the Senator from curity Act of 1974, and the Internal to be medically appropriate following— North Carolina (Mr. HELMS) were added Revenue Code of 1986 to protect con- (A) a mastectomy; as cosponsors of S. 1274, a bill to amend sumers in managed care plans and (B) a lumpectomy; or the Internal Revenue Code of 1986 to in- other health coverage; as follows: (C) a lymph node dissection for the treat- ment of breast cancer. crease the accessibility to and afford- At the appropriate place, insert the fol- (2) PROHIBITIONS.—A group health plan, or ability of health care, and for other lowing: a health insurance issuer in connection with purposes. SEC. ll. EXEMPTIONS. group health insurance coverage, may not— S. 1277 (a) IN GENERAL.—Notwithstanding any (A) deny to a patient eligibility, or contin- At the request of Mr. GRASSLEY, the other provision of this Act, the provisions of ued eligibility, to enroll or to renew cov- name of the Senator from Utah (Mr. this Act shall not apply with respect to a erage under the terms of the plan or cov- group health plan (or health insurance cov- erage, solely for the purpose of avoiding the HATCH) was added as a cosponsor of S. erage offered in connection with the group requirements of this subsection; 1277, a bill to amend title XIX of the health plan) if the provisions of this Act for (B) provide monetary payments or rebates Social Security Act to establish a new a plan year during which this Act is fully im- to patients to encourage such patients to ac- prospective payment system for Feder- plemented result in— cept less than the minimum protections ally-qualified health centers and rural (1) a greater than 1 percent increase in the available under this subsection; health clinics. cost of the group health plan’s premiums for (C) penalize or otherwise reduce or limit the plan year, as determined under sub- the reimbursement of an attending provider S. 1293 section (b); or because such provider provided care to an in- At the request of Mr. COCHRAN, the (2) a decrease, in the plan year, of 100,000 or dividual participant, beneficiary or enrollee name of the Senator from New York more in the number of individuals in the in accordance with this subsection; (Mr. MOYNIHAN) was added as a cospon- United States with private health insurance, (D) provide incentives (monetary or other- sor of S. 1293, a bill to establish a Con- as determined under subsection (c). wise) to an attending provider to induce such July 13, 1999 CONGRESSIONAL RECORD — SENATE S8389

provider to provide care to an individual par- (e) REVIEW.—Failure to meet the require- (j) EFFECTIVE DATE.—The provisions of this ticipant, beneficiary or enrollee in a manner ments of this section shall constitute an ap- section shall apply to group health plans for inconsistent with this subsection; or pealable decision under section 132(a)(2). plan years beginning after, and to health in- (E) subject to paragraph (3)(B), restrict (f) PLAN SATISFACTION OF CERTAIN RE- surance issuers for coverage offered or sold benefits for any portion of a period within a QUIREMENTS.—Pursuant to rules of the Sec- after, October 1, 2000.’’. hospital length of stay required under para- retary, if a health insurance issuer offers (k) INFORMATION REQUIREMENTS.— graph (1) in a manner which is less favorable health insurance coverage in connection (1) INFORMATION FROM GROUP HEALTH than the benefits provided for any preceding with a group health plan and takes an action PLANS.—Section 1862(b) of the Social Secu- portion of such stay. in violation of any provision of this sub- rity Act (42 U.S.C. 1395y(b)) is amended by (3) RULES OF CONSTRUCTION.— chapter, the group health plan shall not be adding at the end the following: (A) Nothing in this subsection shall be con- liable for such violation unless the plan ‘‘(7) INFORMATION FROM GROUP HEALTH strued to require a patient who is a partici- caused such violation. PLANS.— pant, beneficiary or enrollee— (g) NONAPPLICATION OF CERTAIN PROVI- ‘‘(A) PROVISION OF INFORMATION BY GROUP SION.—Only for purposes of applying the re- (i) to undergo a mastectomy, lumpectomy HEALTH PLANS.—The administrator of a quirements of this section under section 714 or lymph node dissection in a hospital; or group health plan subject to the require- of the Employee Retirement Income Secu- (ii) to stay in the hospital for a fixed pe- ments of paragraph (1) shall provide to the rity Act of 1974 (as added by section 301 of riod of time following a mastectomy, Secretary such of the information elements this Act), sections 2707 and 2753 of the Public lumpectomy or lymph node dissection. described in subparagraph (C) as the Sec- Health Service Act (as added by sections 201 (B) Nothing in this subsection shall be con- retary specifies, and in such manner and at and 202 of this Act), and section 9813 of the strued as preventing a group health plan or such times as the Secretary may specify (but Internal Revenue Code of 1986 (as added by a health insurance issuer from imposing not more frequently than 4 times per year), section 401 of this Act)— deductibles, coinsurance, or other cost-shar- with respect to each individual covered (1) section 2721(b)(2) of the Public Health ing in relation to benefits for hospital under the plan who is entitled to any bene- Service Act and section 9831(a)(1) of the In- lengths of stay in connection with a mastec- fits under this title. ternal Revenue Code of 1986 shall not apply ‘‘(B) PROVISION OF INFORMATION BY EMPLOY- tomy, lumpectomy or lymph node dissection to the provisions of this section; and ERS AND EMPLOYEE ORGANIZATIONS.—An em- for the treatment of breast cancer under the (2) with respect to limited scope dental ployer (or employee organization) that main- plan except that such coinsurance or other benefits, subparagraph (A) of section 733(c)(2) tains or participates in a group health plan cost-sharing for any portion of a period with- of the Employee Retirement Income Secu- subject to the requirements of paragraph (1) in a hospital length of stay required under rity Act of 1974, subparagraph (A) of section shall provide to the administrator of the paragraph (1) may not be greater than such 2791(c)(2) of the Public Health Service Act, plan such of the information elements re- coinsurance or cost-sharing for any pre- and subparagraph (A) of section 9832(c)(2) of quired to be provided under subparagraph ceding portion of such stay. the Internal Revenue Code of 1986 shall not (A), and in such manner and at such times as (4) LEVEL AND TYPE OF REIMBURSEMENTS.— apply to the provisions of this section. the Secretary may specify, at a frequency Nothing in this subsection shall be construed (h) NO IMPACT ON SOCIAL SECURITY TRUST consistent with that required under subpara- to prevent a group health plan or a health FUND.— graph (A) with respect to each individual de- insurance issuer from negotiating the level (1) IN GENERAL.—Nothing in this section scribed in subparagraph (A) who is covered and type of reimbursement with a provider shall be construed to alter or amend the So- under the plan by reason of employment for care provided in accordance with this cial Security Act (or any regulation promul- with that employer or membership in the or- subsection. gated under that Act). ganization. EFINITION (5) D .—In this subsection, the (2) TRANSFERS.— ‘‘(C) INFORMATION ELEMENTS.—The infor- term ‘‘mastectomy’’ means the surgical re- (A) ESTIMATE OF SECRETARY.—The Sec- mation elements described in this subpara- moval of all or part of a breast. retary of the Treasury shall annually esti- graph are the following: (b) OBSTETRICAL AND GYNECOLOGICAL mate the impact that the enactment of this ‘‘(i) ELEMENTS CONCERNING THE INDI- CARE.— section has on the income and balances of VIDUAL.— (1) IN GENERAL.—If a group health plan, or the trust funds established under section 201 ‘‘(I) The individual’s name. a health insurance issuer in connection with of the Social Security Act (42 U.S.C. 401). ‘‘(II) The individual’s date of birth. the provision of group health insurance cov- (B) TRANSFER OF FUNDS.—If, under subpara- ‘‘(III) The individual’s sex. erage, requires or provides for a participant, graph (A), the Secretary of the Treasury es- ‘‘(IV) The individual’s social security in- beneficiary, or enrollee to designate a par- timates that the enactment of this section surance number. ticipating primary care provider— has a negative impact on the income and bal- ‘‘(V) The number assigned by the Secretary (A) the plan or issuer shall permit such an ances of the trust funds established under to the individual for claims under this title. individual who is a female to designate a section 201 of the Social Security Act (42 ‘‘(VI) The family relationship of the indi- participating physician who specializes in U.S.C. 401), the Secretary shall transfer, not vidual to the person who has or had current obstetrics and gynecology as the individual’s less frequently than quarterly, from the gen- or employment status with the employer. primary care provider; and eral revenues of the Federal Government an ‘‘(ii) ELEMENTS CONCERNING THE FAMILY (B) if such an individual has not designated amount sufficient so as to ensure that the MEMBER WITH CURRENT OR FORMER EMPLOY- such a provider as a primary care provider, income and balances of such trust funds are MENT STATUS.— the plan or issuer— not reduced as a result of the enactment of ‘‘(I) The name of the person in the individ- (i) shall not require authorization or a re- such section. ual’s family who has current or former em- ferral by the individual’s primary care pro- (i) LIMITATION ON ACTIONS.— ployment status with the employer. vider or otherwise for coverage of covered (1) IN GENERAL.—Except as provided for in ‘‘(II) That person’s social security insur- gynecological care and pregnancy-related paragraph (2), no action may be brought ance number. services provided by a participating health under subsection (a)(1)(B), (a)(2), or (a)(3) of ‘‘(III) The number or other identifier as- care professional who specializes in obstet- section 502 by a participant or beneficiary signed by the plan to that person. rics and gynecology to the extent such care seeking relief based on the application of ‘‘(IV) The periods of coverage for that per- is otherwise covered, and any provision in this section. son under the plan. (ii) shall treat the ordering of other obstet- (2) PERMISSIBLE ACTIONS.—An action may ‘‘(V) The employment status of that person rical and gynecological care by such a par- be brought under subsection (a)(1)(B), (a)(2), (current or former) during those periods of ticipating health professional as the author- or (a)(3) of section 502 by a participant or coverage. ization of the primary care provider with re- beneficiary seeking relief based on the appli- ‘‘(VI) The classes (of that person’s family spect to such care under the plan or cov- cation of this section to the individual cir- members) covered under the plan. erage. cumstances of that participant or bene- ‘‘(iii) PLAN ELEMENTS.— (2) CONSTRUCTION.—Nothing in paragraph ficiary; except that— ‘‘(I) The items and services covered under (1)(B)(ii) shall waive any requirements of (A) such an action may not be brought or the plan. coverage relating to medical necessity or ap- maintained as a class action; and ‘‘(II) The name and address to which propriateness with respect to coverage of ob- (B) in such an action relief may only pro- claims under the plan are to be sent. stetrical and gynecological care so ordered. vide for the provision of (or payment for) ‘‘(iv) ELEMENTS CONCERNING THE EM- (c) SPECIAL RULE.—Nothing in subsection benefits, items, or services denied to the in- PLOYER.— (b) shall be construed as preventing a plan or dividual participant or beneficiary involved ‘‘(I) The employer’s name. issuer from offering (but not requiring a par- (and for attorney’s fees and the costs of the ‘‘(II) The employer’s address. ticipant or beneficiary to accept) a health action, at the discretion of the court) and ‘‘(III) The employer identification number care professional trained, credentialed, and shall not provide for any other relief to the of the employer. operating within the scope of their licensure participant or beneficiary or for any relief to ‘‘(D) USE OF IDENTIFIERS.—The adminis- to perform gynecological and obstetric care. any other person. trator of a group health plan shall utilize a (d) APPLICATION OF SECTION.—This section (3) RULE OF CONSTRUCTION.—Nothing in this unique identifier for the plan in providing in- shall supersede the provisions of sections subsection shall be construed as affecting formation under subparagraph (A) and in 104(a) and 152. any action brought by the Secretary. other transactions, as may be specified by S8390 CONGRESSIONAL RECORD — SENATE July 13, 1999

the Secretary, related to the provisions of 162(l)(2)(B) of the Internal Revenue Code of (c) MEDICAL COMMUNICATION DEFINED.—In this subsection. The Secretary may provide 1986 is amended to read as follows: ‘‘Para- this section: to the administrator the unique identifier graph (1) shall not apply to any taxpayer for (1) IN GENERAL.—The term ‘‘medical com- described in the preceding sentence. any calendar month for which the taxpayer munication’’ means any communication ‘‘(E) PENALTY FOR NONCOMPLIANCE.—Any participates in any subsidized health plan made by a health care provider with a pa- entity that knowingly and willfully fails to maintained by any employer (other than an tient of the health care provider (or the comply with a requirement imposed by the employer described in section 401(e)(4)) of the guardian or legal representative of such pa- previous subparagraphs shall be subject to a taxpayer or the spouse of the taxpayer.’’ tient) with respect to— civil money penalty not to exceed $1,000 for (3) EFFECTIVE DATE.—The amendments (A) the patient’s health status, medical each incident of such failure. The provisions made by this section shall apply to taxable care, or treatment options; of section 1128A (other than subsections (a) years beginning after December 31, 1998. (B) any utilization review requirements and (b)) shall apply to a civil money penalty (e) EXTENSION OF TAXES.— that may affect treatment options for the under the previous sentence in the same (1) ENVIRONMENTAL TAX.—Section 59A(e) of patient; or manner as those provisions apply to a pen- the Internal Revenue Code of 1986 is amended (C) any financial incentives that may af- alty or proceeding under section 1128A(a).’’. to read as follows: fect the treatment of the patient. (2) EFFECTIVE DATE.—The amendment ‘‘(e) APPLICATION OF TAX.—The tax imposed (2) MISREPRESENTATION.—The term ‘‘med- made by paragraph (1) shall take effect 180 by this section shall apply to taxable years ical communication’’ does not include a days after the date of the enactment of this beginning after December 31, 1986, and before communication by a health care provider Act. January 1, 1996, and to taxable years begin- with a patient of the health care provider (or (l) LIMITATIONS ON WELFARE BENEFIT ning after December 31, 1999, and before Jan- the guardian or legal representative of such FUNDS OF 10 OR MORE EMPLOYER PLANS.— uary 1, 2009.’’ patient) if the communication involves a (1) BENEFITS TO WHICH EXCEPTION APPLIES.— (2) EFFECTIVE DATES.—The amendment knowing or willful misrepresentation by Section 419A(f)(6)(A) of the Internal Revenue made by subsection (e)(1) shall apply to tax- such provider. Code of 1986 (relating to exception for 10 or able years beginning after December 31, 1999. SEC. 142. PROHIBITION AGAINST TRANSFER OF more employer plans) is amended to read as INDEMNIFICATION OR IMPROPER follows: FRIST (AND JEFFORDS) INCENTIVE ARRANGEMENTS. ‘‘(A) IN GENERAL.—This subpart shall not AMENDMENT NO. 1238 (a) PROHIBITION OF TRANSFER OF INDEM- apply to a welfare benefit fund which is part NIFICATION.— of a 10 or more employer plan if the only Mr. NICKLES (for Mr. FRIST (for (1) IN GENERAL.—No contract or agreement benefits provided through the fund are 1 or himself and Mr. JEFFORDS)) proposed between a group health plan or health insur- more of the following: an amendment to amendment No. 1236 ance issuer (or any agent acting on behalf of ‘‘(i) Medical benefits. proposed by Mr. NICKLES to the bill, S. such a plan or issuer) and a health care pro- ‘‘(ii) Disability benefits. 1344, supra; as follows: vider shall contain any provision purporting to transfer to the health care provider by in- ‘‘(iii) Group term life insurance benefits At the end add the following: which do not provide for any cash surrender Notwithstanding any other provision of demnification or otherwise any liability re- value or other money that can be paid, as- this Act, subtitle D of title I and all that fol- lating to activities, actions, or omissions of signed, borrowed, or pledged for collateral lows through section 151 is null, void, and the plan, issuer, or agent (as opposed to the for a loan. shall have no effect. provider). The preceding sentence shall not apply to (2) NULLIFICATION.—Any contract or agree- Subtitle E—Protecting the Doctor-Patient ment provision described in paragraph (1) any plan which maintains experience-rating Relationship arrangements with respect to individual em- shall be null and void. SEC. 141. PROHIBITION OF INTERFERENCE WITH (b) PROHIBITION OF IMPROPER PHYSICIAN IN- ployers.’’ CERTAIN MEDICAL COMMUNICA- CENTIVE PLANS.— (2) LIMITATION ON USE OF AMOUNTS FOR TIONS. (1) IN GENERAL.—A group health plan and a OTHER PURPOSES.—Section 4976(b) of such Act (a) PROHIBITION.— health insurance issuer offering health insur- (defining disqualified benefit) is amended by (1) GENERAL RULE.—The provisions of any ance coverage may not operate any physi- adding at the end the following new para- contract or agreement, or the operation of cian incentive plan (as defined in subpara- graph: any contract or agreement, between a group graph (B) of section 1876(i)(8) of the Social ‘‘(5) SPECIAL RULE FOR 10 OR MORE EM- health plan or health insurance issuer in re- Security Act) unless the requirements de- PLOYER PLANS EXEMPTED FROM PREFUNDING lation to health insurance coverage (includ- scribed in subparagraph (A) of such section LIMITS.—For purposes of paragraph (1)(C), ing any partnership, association, or other or- are met with respect to such a plan. if— ganization that enters into or administers (2) APPLICATION.—For purposes of carrying ‘‘(A) subpart D of part I of subchapter D of such a contract or agreement) and a health out paragraph (1), any reference in section chapter 1 does not apply by reason of section care provider (or group of health care pro- 1876(i)(8) of the Social Security Act to the 419A(f)(6) to contributions to provide 1 or viders) shall not prohibit or restrict the pro- Secretary, an eligible organization, or an in- more welfare benefits through a welfare ben- vider from engaging in medical communica- dividual enrolled with the organization shall efit fund under a 10 or more employer plan, tions with the provider’s patient. be treated as a reference to the applicable and (2) NULLIFICATION.—Any contract provision authority, a group health plan or health in- ‘‘(B) any portion of the welfare benefit or agreement that restricts or prohibits med- surance issuer, respectively, and a partici- fund attributable to such contributions is ical communications in violation of para- pant, beneficiary, or enrollee with the plan used for a purpose other than that for which graph (1) shall be null and void. or organization, respectively. the contributions were made, (b) RULES OF CONSTRUCTION.—Nothing in SEC. 143. ADDITIONAL RULES REGARDING PAR- then such portion shall be treated as revert- this section shall be construed— TICIPATION OF HEALTH CARE PRO- ing to the benefit of the employers maintain- (1) to prohibit the enforcement, as part of FESSIONALS. ing the fund.’’ a contract or agreement to which a health (a) PROCEDURES.—Insofar as a group health (3) EFFECTIVE DATE.—The amendments care provider is a party, of any mutually plan, or health insurance issuer that offers made by this subsection shall apply to con- agreed upon terms and conditions, including health insurance coverage, provides benefits tributions paid or accrued after the date of terms and conditions requiring a health care through participating health care profes- the enactment of this Act, in taxable years provider to participate in, and cooperate sionals, the plan or issuer shall establish rea- ending after such date. with, all programs, policies, and procedures sonable procedures relating to the participa- (d) DEDUCTION FOR HEALTH INSURANCE developed or operated by a group health plan tion (under an agreement between a profes- COSTS OF SELF-EMPLOYED INDIVIDUALS IN- or health insurance issuer to assure, review, sional and the plan or issuer) of such profes- CREASED.— or improve the quality and effective utiliza- sionals under the plan or coverage. Such pro- (1) IN GENERAL.—Section 162(l)(1) of the In- tion of health care services (if such utiliza- cedures shall include— ternal Revenue Code of 1986 (relating to spe- tion is according to guidelines or protocols (1) providing notice of the rules regarding cial rules for health insurance costs of self- that are based on clinical or scientific evi- participation; employed individuals) is amended to read as dence and the professional judgment of the (2) providing written notice of participa- follows: provider) but only if the guidelines or proto- tion decisions that are adverse to profes- ‘‘(1) ALLOWANCE OF DEDUCTION.—In the case cols under such utilization do not prohibit or sionals; and of an individual who is an employee within restrict medical communications between (3) providing a process within the plan or the meaning of section 401(e)(1), there shall providers and their patients; or issuer for appealing such adverse decisions, be allowed as a deduction under this section (2) to permit a health care provider to mis- including the presentation of information an amount equal to the amount paid during represent the scope of benefits covered under and views of the professional regarding such the taxable year for insurance which con- the group health plan or health insurance decision. stitutes medical care for the taxpayer, the coverage or to otherwise require a group (b) CONSULTATION IN MEDICAL POLICIES.—A taxpayer’s spouse, and dependents.’’ health plan health insurance issuer to reim- group health plan, and health insurance (2) CERTIFICATION OF LIMITATIONS ON OTHER burse providers for benefits not covered issuer that offers health insurance coverage, COVERAGE.—The first sentence of section under the plan or coverage. shall consult with participating physicians July 13, 1999 CONGRESSIONAL RECORD — SENATE S8391 (if any) regarding the plan’s or issuer’s med- apply unless the internal procedures in- ‘‘SEC. 503. CLAIMS PROCEDURE, COVERAGE DE- ical policy, quality, and medical manage- volved are reasonably expected to be known TERMINATION, GRIEVANCES AND ment procedures. to the health care professional involved. For APPEALS. SEC. 144. PROTECTION FOR PATIENT ADVOCACY. purposes of this subparagraph, a health care ‘‘(a) CLAIMS PROCEDURE.—In accordance (a) PROTECTION FOR USE OF UTILIZATION RE- professional is reasonably expected to know with regulations of the Secretary, every em- VIEW AND GRIEVANCE PROCESS.—In accord- of internal procedures if those procedures ployee benefit plan shall— ance with section 510 of the Employee Re- have been made available to the professional ‘‘(1) provide adequate notice in writing to tirement Income Security Act, a group through distribution or posting. any participant or beneficiary whose claim health plan, and a health insurance issuer (C) INTERNAL PROCEDURE EXCEPTION.—Sub- for benefits under the plan has been denied, with respect to the provision of health insur- paragraph (D) of paragraph (2) also shall not setting forth the specific reasons for such de- ance coverage, may not retaliate against a apply if— nial, written in a manner calculated to be participant, beneficiary, enrollee, or health (i) the disclosure relates to an imminent understood by the participant; and care provider based on the participant’s, hazard of loss of life or serious injury to a ‘‘(2) afford a reasonable opportunity to any beneficiary’s, enrollee’s or provider’s use of, patient; participant whose claim for benefits has or participation in, a utilization review proc- (ii) the disclosure is made to an appro- been denied for a full and fair review by the ess or a grievance process of the plan or priate private accreditation body pursuant appropriate named fiduciary of the decision issuer (including an internal or external re- to disclosure procedures established by the denying the claim. view or appeal process) under this title. body; or ‘‘(b) COVERAGE DETERMINATIONS UNDER (b) PROTECTION FOR QUALITY ADVOCACY BY (iii) the disclosure is in response to an in- HEALTH CARE PROFESSIONALS.— GROUP HEALTH PLANS.— quiry made in an investigation or proceeding (1) IN GENERAL.—A group health plan or ‘‘(1) PROCEDURES.— of an appropriate public regulatory agency health insurance issuer may not retaliate or ‘‘(A) IN GENERAL.—A group health plan or and the information disclosed is limited to discriminate against a protected health care health insurance issuer conducting utiliza- the scope of the investigation or proceeding. professional because the professional in good tion review shall ensure that procedures are (4) ADDITIONAL CONSIDERATIONS.—It shall faith— in place for— not be a violation of paragraph (1) to take an (A) discloses information relating to the ‘‘(i) making determinations regarding adverse action against a protected health care, services, or conditions affecting one or whether a participant or beneficiary is eligi- care professional if the plan, issuer, or pro- more participants, beneficiaries, or enrollees ble to receive a payment or coverage for vider taking the adverse action involved of the plan or issuer to an appropriate public health services under the plan or coverage regulatory agency, an appropriate private demonstrates that it would have taken the involved and any cost-sharing amount that accreditation body, or appropriate manage- same adverse action even in the absence of the participant or beneficiary is required to ment personnel of the plan or issuer; or the activities protected under such para- pay with respect to such service; (B) initiates, cooperates, or otherwise par- graph. ‘‘(ii) notifying a covered participant or ticipates in an investigation or proceeding (5) NOTICE.—A group health plan, health in- beneficiary (or the authorized representative by such an agency with respect to such care, surance issuer, and institutional health care of such participant or beneficiary) and the services, or conditions. provider shall post a notice, to be provided treating health care professionals involved or approved by the Secretary of Labor, set- regarding determinations made under the If an institutional health care provider is a ting forth excerpts from, or summaries of, participating provider with such a plan or plan or issuer and any additional payments the pertinent provisions of this subsection that the participant or beneficiary may be issuer or otherwise receives payments for and information pertaining to enforcement benefits provided by such a plan or issuer, required to make with respect to such serv- of such provisions. the provisions of the previous sentence shall ice; and (6) CONSTRUCTIONS.— apply to the provider in relation to care, ‘‘(iii) responding to requests, either writ- (A) DETERMINATIONS OF COVERAGE.—Noth- services, or conditions affecting one or more ten or oral, for coverage determinations or ing in this subsection shall be construed to patients within an institutional health care for internal appeals from a participant or prohibit a plan or issuer from making a de- provider in the same manner as they apply beneficiary (or the authorized representative termination not to pay for a particular med- to the plan or issuer in relation to care, serv- of such participant or beneficiary) or the ical treatment or service or the services of a ices, or conditions provided to one or more treating health care professional with the type of health care professional. participants, beneficiaries, or enrollees; and consent of the participant or beneficiary. (B) ENFORCEMENT OF PEER REVIEW PROTO- for purposes of applying this sentence, any ‘‘(B) ORAL REQUESTS.—With respect to an reference to a plan or issuer is deemed a ref- COLS AND INTERNAL PROCEDURES.—Nothing in oral request described in subparagraph erence to the institutional health care pro- this subsection shall be construed to prohibit (A)(iii), a group health plan or health insur- vider. a plan, issuer, or provider from establishing ance issuer may require that the requesting and enforcing reasonable peer review or uti- (2) GOOD FAITH ACTION.—For purposes of individual provide written evidence of such paragraph (1), a protected health care profes- lization review protocols or determining request. sional is considered to be acting in good whether a protected health care professional ‘‘(2) TIMELINE FOR MAKING DETERMINA- faith with respect to disclosure of informa- has complied with those protocols or from TIONS.— tion or participation if, with respect to the establishing and enforcing internal proce- ‘‘(A) ROUTINE DETERMINATION.—A group information disclosed as part of the action— dures for the purpose of addressing quality health plan or a health insurance issuer shall (A) the disclosure is made on the basis of concerns. maintain procedures to ensure that prior au- personal knowledge and is consistent with (C) RELATION TO OTHER RIGHTS.—Nothing in thorization determinations concerning the that degree of learning and skill ordinarily this subsection shall be construed to abridge provision of non-emergency items or services possessed by health care professionals with rights of participants, beneficiaries, enroll- are made within 30 days from the date on the same licensure or certification and the ees, and protected health care professionals which the request for a determination is sub- same experience; under other applicable Federal or State laws. mitted, except that such period may be ex- (B) the professional reasonably believes (7) PROTECTED HEALTH CARE PROFESSIONAL tended where certain circumstances exist the information to be true; DEFINED.—For purposes of this subsection, that are determined by the Secretary to be (C) the information evidences either a vio- the term ‘‘protected health care profes- beyond control of the plan or issuer. lation of a law, rule, or regulation, of an ap- sional’’ means an individual who is a li- ‘‘(B) EXPEDITED DETERMINATION.— plicable accreditation standard, or of a gen- censed or certified health care professional ‘‘(i) IN GENERAL.—A prior authorization de- erally recognized professional or clinical and who— termination under this subsection shall be standard or that a patient is in imminent (A) with respect to a group health plan or made within 72 hours, in accordance with the hazard of loss of life or serious injury; and health insurance issuer, is an employee of medical exigencies of the case, after a re- (D) subject to subparagraphs (B) and (C) of the plan or issuer or has a contract with the quest is received by the plan or issuer under paragraph (3), the professional has followed plan or issuer for provision of services for clause (ii) or (iii). reasonable internal procedures of the plan, which benefits are available under the plan ‘‘(ii) REQUEST BY PARTICIPANT OR BENE- issuer, or institutional health care provider or issuer; or FICIARY.—A plan or issuer shall maintain established for the purpose of addressing (B) with respect to an institutional health procedures for expediting a prior authoriza- quality concerns before making the disclo- care provider, is an employee of the provider tion determination under this subsection sure. or has a contract or other arrangement with upon the request of a participant or bene- (3) EXCEPTION AND SPECIAL RULE.— the provider respecting the provision of ficiary if, based on such a request, the plan (A) GENERAL EXCEPTION.—Paragraph (1) health care services. or issuer determines that the normal time does not protect disclosures that would vio- SEC. 145. AMENDMENT TO EMPLOYEE RETIRE- for making such a determination could seri- late Federal or State law or diminish or im- MENT INCOME SECURITY ACT OF ously jeopardize the life or health of the par- pair the rights of any person to the contin- 1974. ticipant or beneficiary. ued protection of confidentiality of commu- (a) IN GENERAL.—Notwithstanding section ‘‘(iii) DOCUMENTATION BY HEALTH CARE PRO- nications provided by such law. 301(b), section 503 of the Employee Retire- FESSIONAL.—A plan or issuer shall maintain (B) NOTICE OF INTERNAL PROCEDURES.—Sub- ment Income Security Act of 1974 (29 U.S.C. procedures for expediting a prior authoriza- paragraph (D) of paragraph (2) shall not 1133) is amended to read as follows: tion determination under this subsection if S8392 CONGRESSIONAL RECORD — SENATE July 13, 1999

the request involved indicates that the treat- tween the plan or issuer offering health in- ‘‘(6) LACK OF MEDICAL NECESSITY.—A review ing health care professional has reasonably surance coverage in connection with a group of an appeal under this subsection relating documented, based on the medical exigen- health plan and a participant or beneficiary. to a determination to deny coverage based cies, that a determination under the proce- Determinations under such procedures shall on a lack of medical necessity and appro- dures described in subparagraph (A) could se- be non-appealable. priateness, or based on an experimental or riously jeopardize the life or health of the ‘‘(d) INTERNAL APPEAL OF COVERAGE DETER- investigational treatment, shall be made participant or beneficiary. MINATIONS.— only by a physician with appropriate exper- ‘‘(C) CONCURRENT DETERMINATIONS.—A plan ‘‘(1) RIGHT TO APPEAL.— tise, including age-appropriate expertise, or issuer shall maintain procedures to cer- ‘‘(A) IN GENERAL.—A participant or bene- who was not involved in the initial deter- tify or deny coverage of an extended stay or ficiary (or the authorized representative of mination. additional services. the participant or beneficiary) or the treat- ‘‘(7) NOTICE.— ‘‘(D) RETROSPECTIVE DETERMINATION.—A ing health care professional with the consent ‘‘(A) IN GENERAL.—Written notice of a de- plan or issuer shall maintain procedures to of the participant or beneficiary (or the au- termination made under an internal review ensure that, with respect to the retrospec- thorized representative of the participant or process shall be issued to the participant or tive review of a determination made under beneficiary), may appeal any adverse cov- beneficiary (or the authorized representative paragraph (1), the determination shall be of the participant or beneficiary) and the erage determination under subsection (b) made within 30 working days of the date on treating health care professional not later under the procedures described in this sub- which the plan or issuer receives necessary than 2 working days after the completion of section. information. the review (or within the 72-hour period re- ‘‘(B) TIME FOR APPEAL.—A plan or issuer ‘‘(3) NOTICE OF DETERMINATIONS.— ferred to in paragraph (4) if applicable). shall ensure that a participant or beneficiary ‘‘(A) ROUTINE DETERMINATION.—With re- ‘‘(B) ADVERSE COVERAGE DETERMINATIONS.— has a period of not less than 180 days begin- spect to a coverage determination of a plan With respect to an adverse coverage deter- ning on the date of an adverse coverage de- or issuer under paragraph (2)(A), the plan or mination made under this subsection, the termination under subsection (b) in which to issuer shall issue notice of such determina- notice described in subparagraph (A) shall appeal such determination under this sub- tion to the participant or beneficiary (or the include— authorized representative of the participant section. ‘‘(i) the reasons for the determination (in- or beneficiary) and, consistent with the med- ‘‘(C) FAILURE TO ACT.—The failure of a plan cluding the clinical or scientific-evidence ical exigencies of the case, to the treating or issuer to issue a determination under sub- based rationale used in making the deter- health care professional involved not later section (b) within the applicable timeline es- mination) written in a manner to be under- than 2 working days after the date on which tablished for such a determination under standable to the average participant or bene- the determination is made. such subsection shall be treated as an ad- ficiary; ‘‘(B) EXPEDITED DETERMINATION.—With re- verse coverage determination for purposes of ‘‘(ii) the procedures for obtaining addi- spect to a coverage determination of a plan proceeding to internal review under this sub- tional information concerning the deter- or issuer under paragraph (2)(B), the plan or section. mination; and issuer shall issue notice of such determina- ‘‘(2) RECORDS.—A group health plan and a ‘‘(iii) notification of the right to an inde- tion to the participant or beneficiary (or the health insurance issuer shall maintain writ- pendent external review under subsection (e) authorized representative of the participant ten records, for at least 6 years, with respect and instructions on how to initiate such a re- or beneficiary), and consistent with the med- to any appeal under this subsection for pur- view. ical exigencies of the case, to the treating poses of internal quality assurance and im- ‘‘(e) INDEPENDENT EXTERNAL REVIEW.— health care professional involved within the provement. Nothing in the preceding sen- ‘‘(1) ACCESS TO REVIEW.— 72 hour period described in paragraph (2)(B). tence shall be construed as preventing a plan ‘‘(A) IN GENERAL.—A group health plan or a ‘‘(C) CONCURRENT REVIEWS.—With respect and issuer from entering into an agreement health insurance issuer offering health insur- to the determination under a plan or issuer under which the issuer agrees to assume re- ance coverage in connection with a group under paragraph (2)(C) to certify or deny cov- sponsibility for compliance with the require- health plan shall have written procedures to erage of an extended stay or additional serv- ments of this section and the plan is released permit a participant or beneficiary (or the ices, the plan or issuer shall issue notice of from liability for such compliance. authorized representative of the participant such determination to the treating health ‘‘(3) ROUTINE DETERMINATIONS.—A group or beneficiary) access to an independent ex- care professional and to the participant or health plan or a health insurance issuer shall ternal review with respect to an adverse cov- beneficiary involved (or the authorized rep- complete the consideration of an appeal of erage determination concerning a particular resentative of the participant or beneficiary) an adverse routine determination under this item or service (including a circumstance within 1 working day of the determination. subsection not later than 30 working days treated as an adverse coverage determina- ‘‘(D) RETROSPECTIVE REVIEWS.—With re- after the date on which a request for such ap- tion under subparagraph (B)) where— spect to the retrospective review under a peal is received. ‘‘(i) the particular item or service plan or issuer of a determination made under ‘‘(4) EXPEDITED DETERMINATION.— involved— paragraph (2)(D), the plan or issuer shall ‘‘(A) IN GENERAL.—An expedited determina- ‘‘(I)(aa) would be a covered benefit, when issue written notice of an approval or dis- tion with respect to an appeal under this medically necessary and appropriate under approval of a determination under this sub- subsection shall be made in accordance with the terms and conditions of the plan, and the paragraph to the participant or beneficiary the medical exigencies of the case, but in no item or service has been determined not to (or the authorized representative of the par- case more than 72 hours after the request for be medically necessary and appropriate ticipant or beneficiary) and health care pro- such appeal is received by the plan or issuer under the internal appeals process required vider involved within 5 working days of the under subparagraph (B) or (C). under subsection (d) or there has been a fail- date on which such determination is made. ‘‘(B) REQUEST BY PARTICIPANT OR BENE- ure to issue a coverage determination as de- ‘‘(E) REQUIREMENTS OF NOTICE OF ADVERSE FICIARY.—A plan or issuer shall maintain scribed in subparagraph (B); and COVERAGE DETERMINATIONS.—A written no- procedures for expediting a prior authoriza- ‘‘(bb)(AA) the amount of such item or serv- tice of an adverse coverage determination tion determination under this subsection ice involved exceeds a significant financial under this subsection, or of an expedited ad- upon the request of a participant or bene- threshold; or verse coverage determination under para- ficiary if, based on such a request, the plan ‘‘(BB) there is a significant risk of placing graph (2)(B), shall be provided to the partici- or issuer determines that the normal time the life or health of the participant or bene- pant or beneficiary (or the authorized rep- for making such a determination could seri- ficiary in jeopardy; or resentative of the participant or beneficiary) ously jeopardize the life or health of the par- ‘‘(II) would be a covered benefit, when not and treating health care professional (if any) ticipant or beneficiary. considered experimental or investigational involved and shall include— ‘‘(C) DOCUMENTATION BY HEALTH CARE PRO- under the terms and conditions of the plan, ‘‘(i) the reasons for the determination (in- FESSIONAL.—A plan or issuer shall maintain and the item or service has been determined cluding the clinical or scientific-evidence procedures for expediting a prior authoriza- to be experimental or investigational under based rationale used in making the deter- tion determination under this subsection if the internal appeals process required under mination) written in a manner to be under- the request involved indicates that the treat- subsection (d) or there has been a failure to standable to the average participant or bene- ing health care professional has reasonably issue a coverage determination as described ficiary; documented, based on the medical exigencies in subparagraph (B); and ‘‘(ii) the procedures for obtaining addi- of the case that a determination under the ‘‘(ii) the participant or beneficiary has tional information concerning the deter- procedures described in paragraph (2) could completed the internal appeals process under mination; and seriously jeopardize the life or health of the subsection (d) with respect to such deter- ‘‘(iii) notification of the right to appeal the participant or beneficiary. mination. determination and instructions on how to ‘‘(5) CONDUCT OF REVIEW.—A review of an ‘‘(B) FAILURE TO ACT.—The failure of a plan initiate an appeal in accordance with sub- adverse coverage determination under this or issuer to issue a coverage determination section (d). subsection shall be conducted by an indi- under subsection (d)(6) within the applicable ‘‘(c) GRIEVANCES.—A group health plan or a vidual with appropriate expertise who was timeline established for such a determina- health insurance issuer shall have written not directly involved in the initial deter- tion under such subsection shall be treated procedures for addressing grievances be- mination. as an adverse coverage determination for July 13, 1999 CONGRESSIONAL RECORD — SENATE S8393

purposes of proceeding to independent exter- ‘‘(i) be appropriately credentialed or li- ‘‘(8) EFFECT ON CERTAIN PROVISIONS.—Noth- nal review under this subsection. censed in any State to deliver health care ing in this section shall be construed as af- ‘‘(2) INITIATION OF THE INDEPENDENT EXTER- services; fecting or modifying section 514 of this Act NAL REVIEW PROCESS.— ‘‘(ii) not have any material, professional, with respect to a group health plan. ‘‘(A) FILING OF REQUEST.—A participant or familial, or financial affiliation with the ‘‘(f) RULE OF CONSTRUCTION.—Nothing in beneficiary (or the authorized representative case under review, the participant or bene- this section shall be construed to prohibit a of the participant or beneficiary) who desires ficiary involved, the treating health care to have an independent external review con- professional, the institution where the treat- plan administrator or plan fiduciary or ducted under this subsection shall file a ment would take place, or the manufacturer health plan medical director from requesting written request for such a review with the of any drug, device, procedure, or other ther- an independent external review by an inde- plan or issuer involved not later than 30 apy proposed for the participant or bene- pendent external reviewer without first com- working days after the receipt of a final de- ficiary whose treatment is under review; pleting the internal review process. nial of a claim under subsection (d). Any ‘‘(iii) have expertise (including age-appro- ‘‘(g) DEFINITIONS.—In this section: such request shall include the consent of the priate expertise) in the diagnosis or treat- ‘‘(1) ADVERSE COVERAGE DETERMINATION.— participant or beneficiary (or the authorized ment under review and, when reasonably The term ‘adverse coverage determination’ representative of the participant or bene- available, be of the same specialty as the means a coverage determination under the ficiary) for the release of medical informa- physician treating the participant or bene- plan which results in a denial of coverage or tion and records to independent external re- ficiary or recommending or prescribing the reimbursement. viewers regarding the participant or bene- treatment in question; ‘‘(2) COVERAGE DETERMINATION.—The term ficiary. ‘‘(iv) receive only reasonable and cus- ‘coverage determination’ means with respect ‘‘(B) INFORMATION AND NOTICE.—Not later tomary compensation from the group health to items and services for which coverage than 5 working days after the receipt of a re- plan or health insurance issuer in connection may be provided under a health plan, a de- quest under subparagraph (A), or earlier in with the independent external review that is termination of whether or not such items accordance with the medical exigencies of not contingent on the decision rendered by and services are covered or reimbursable the case, the plan or issuer involved shall se- the reviewer; and under the coverage and terms of the con- lect an external appeals entity under para- ‘‘(v) not be held liable for decisions regard- tract. graph (3)(A) that shall be responsible for des- ing medical determinations (but may be held ‘‘(3) GRIEVANCE.—The term ‘grievance’ ignating an independent external reviewer liable for actions that are arbitrary and ca- means any complaint made by a participant under paragraph (3)(B). pricious). or beneficiary that does not involve a cov- ‘‘(C) PROVISION OF INFORMATION.—The plan ‘‘(4) STANDARD OF REVIEW.— erage determination. or issuer involved shall forward necessary in- ‘‘(A) IN GENERAL.—An independent external ‘‘(4) GROUP HEALTH PLAN.—The term ‘group formation (including medical records, any reviewer shall— health plan’ shall have the meaning given relevant review criteria, the clinical ration- ‘‘(i) make an independent determination such term in section 733(a). In applying this ale consistent with the terms and conditions based on the valid, relevant, scientific and paragraph, excepted benefits described in of the contract between the plan or issuer clinical evidence to determine the medical section 733(c) shall not be treated as benefits and the participant or beneficiary for the necessity, appropriateness, experimental or consisting of medical care. coverage denial, and evidence of the cov- investigational nature of the proposed treat- EALTH INSURANCE COVERAGE.—The erage of the participant or beneficiary) to ment; and ‘‘(5) H the independent external reviewer selected ‘‘(ii) take into consideration appropriate term ‘health insurance coverage’ has the under paragraph (3)(B). and available information, including any evi- meaning given such term in section 733(b)(1). In applying this paragraph, excepted benefits ‘‘(D) NOTIFICATION.—The plan or issuer in- dence-based decision making or clinical volved shall send a written notification to practice guidelines used by the group health described in section 733(c) shall not be treat- the participant or beneficiary (or the author- plan or health insurance issuer; timely evi- ed as benefits consisting of medical care. ized representative of the participant or ben- dence or information submitted by the plan, ‘‘(6) HEALTH INSURANCE ISSUER.—The term eficiary) and the plan administrator, indi- issuer, patient or patient’s physician; the pa- ‘health insurance issuer’ has the meaning cating that an independent external review tient’s medical record; expert consensus; and given such term in section 733(b)(2). has been initiated. medical literature as defined in section 556(5) ‘‘(7) PRIOR AUTHORIZATION DETERMINA- ‘‘(3) CONDUCT OF INDEPENDENT EXTERNAL of the Federal Food, Drug, and Cosmetic Act. TION.—The term ‘prior authorization deter- REVIEW.— ‘‘(B) NOTICE.—The plan or issuer involved mination’ means a coverage determination ‘‘(A) DESIGNATION OF EXTERNAL APPEALS shall ensure that the participant or bene- prior to the provision of the items and serv- ENTITY BY PLAN OR ISSUER.— ficiary receives notice, within 30 days after ices as a condition of coverage of the items ‘‘(i) IN GENERAL.—A plan or issuer that re- the determination of the independent med- and services under the coverage. ceives a request for an independent external ical expert, regarding the actions of the plan ‘‘(8) TREATING HEALTH CARE PROFES- review under paragraph (2)(A) shall designate or issuer with respect to the determination SIONAL.—The term ‘treating health care pro- a qualified entity described in clause (ii), in of such expert under the independent exter- fessional’ with respect to a group health a manner designed to ensure that the entity nal review. plan, health insurance issuer or provider so designated will make a decision in an un- ‘‘(5) TIMEFRAME FOR REVIEW.— sponsored organization means a physician biased manner, to serve as the external ap- ‘‘(A) IN GENERAL.—The independent exter- (medical doctor or doctor of osteopathy) or peals entity. nal reviewer shall complete a review of an other health care practitioner who is acting ‘‘(ii) QUALIFIED ENTITIES.—A qualified enti- adverse coverage determination in accord- within the scope of his or her State licensure ty shall be— ance with the medical exigencies of the case. or certification for the delivery of health ‘‘(I) an independent external review entity ‘‘(B) LIMITATION.—Notwithstanding sub- care services and who is primarily respon- licensed or credentialed by a State; paragraph (A), a review described in such sible for delivering those services to the par- ‘‘(II) a State agency established for the subparagraph shall be completed not later ticipant or beneficiary. purpose of conducting independent external than 30 working days after the later of— ‘‘(9) UTILIZATION REVIEW.—The term ‘utili- reviews; ‘‘(i) the date on which such reviewer is des- zation review’ with respect to a group health ‘‘(III) any entity under contract with the ignated; or plan or health insurance coverage means a Federal Government to provide independent ‘‘(ii) the date on which all information nec- set of formal techniques designed to monitor external review services; essary to completing such review is received. the use of, or evaluate the clinical necessity, ‘‘(IV) any entity accredited as an inde- ‘‘(6) BINDING DETERMINATION.—The deter- appropriateness, efficacy, or efficiency of, pendent external review entity by an accred- mination of an independent external re- health care services, procedures, or settings. iting body recognized by the Secretary for viewer under this subsection shall be binding Techniques may include ambulatory review, such purpose; or upon the plan or issuer if the provisions of prospective review, second opinion, certifi- ‘‘(V) any other entity meeting criteria es- this subsection or the procedures imple- cation, concurrent review, case manage- tablished by the Secretary for purposes of mented under such provisions were complied ment, discharge planning or retrospective re- this subparagraph. with by the independent external reviewer. view.’’ ‘‘(B) DESIGNATION OF INDEPENDENT EXTER- ‘‘(7) STUDY.—Not later than 2 years after (b) ENFORCEMENT.—Section 502(c)(1) of the NAL REVIEWER BY EXTERNAL APPEALS ENTI- the date of enactment of this section, the Employee Retirement Income Security Act TY.—The external appeals entity designated General Accounting Office shall conduct a of 1974 (29 U.S.C. 1132(c)(1)) is amended by in- under subparagraph (A) shall, not later than study of a statistically appropriate sample of serting after ‘‘or section 101(e)(1)’’ the fol- 30 days after the date on which such entity completed independent external reviews. lowing: ‘‘, or fails to comply with a coverage is designated under subparagraph (A), or ear- Such study shall include an assessment of determination as required under section lier in accordance with the medical exigen- the process involved during an independent 503(e)(6),’’. cies of the case, designate one or more indi- external review and the basis of decision- viduals to serve as independent external re- making by the independent external re- (c) CONFORMING AMENDMENT.—The table of viewers with respect to a request received viewer. The results of such study shall be contents in section 1 of the Employee Retire- under paragraph (2)(A). Such reviewers shall submitted to the appropriate committees of ment Income Security Act of 1974 is amended be independent medical experts who shall— Congress. by striking the item relating to section 503 S8394 CONGRESSIONAL RECORD — SENATE July 13, 1999 and inserting the following new item: ‘‘(iii) The individual’s participation in the cost-sharing rules in effect for drugs in- ‘‘Sec. 503. Claims procedures, coverage deter- trial offers meaningful potential for signifi- cluded in the formulary; and mination, grievances and ap- cant clinical benefit for the individual. ‘‘(B) nothing in this paragraph shall be peals.’’. ‘‘(B) Either— construed to prevent the plan or issuer from ‘‘(i) the referring physician is a partici- implementing a program of differential cost- (d) EFFECTIVE DATE.—The amendments pating health care professional and has con- sharing for drugs included in the formulary made by this section shall apply with respect cluded that the individual’s participation in and drugs not included in the formulary, if to plan years beginning on or after October such trial would be appropriate based upon the drugs that are not included in the for- 1, 2000. The Secretary shall issue all regula- the individual meeting the conditions de- mulary do not meet the conditions described tions necessary to carry out the amendments scribed in subparagraph (A); or in this section. made by this section before the effective ‘‘(ii) the participant, beneficiary or en- ‘‘(c) ACCESS TO APPROVED DRUGS AND DE- date thereof. rollee provides medical and scientific infor- VICES.— mation establishing that the individual’s ‘‘(1) IN GENERAL.—A group health plan, or a participation in such trial would be appro- health insurance issuer in connection with DODD (AND OTHERS) AMENDMENT priate based upon the individual meeting the group health insurance coverage, that pro- NO. 1239 conditions described in subparagraph (A). vides any coverage of prescription drugs or ‘‘(3) PAYMENT.— medical devices shall not deny coverage of Mr. DODD (for himself, Mrs. BOXER, ‘‘(A) IN GENERAL.—Under this subsection a such a drug or device on the basis that the Mr. HARKIN, Mr. KENNEDY, Mr. REID, group health plan, or a health insurance use is investigational, if the use— Mrs. MURRAY, Mr. DURBIN, Mr. ROCKE- issuer in connection with group health insur- ‘‘(A) in the case of a prescription drug— FELLER, Mr. FEINGOLD, Mrs. FEINSTEIN, ance coverage, shall provide for payment for ‘‘(i) is included in the labeling authorized and Mr. DASCHLE) proposed an amend- routine patient costs described in paragraph by the application in effect for the drug pur- ment to amendment No. 1232 proposed (1)(B) but is not required to pay for costs of suant to subsection (b) or (j) of section 505 of items and services that are reasonably ex- the Federal Food, Drug, and Cosmetic Act, by Mr. DASCHLE to the bill, S. 1344, pected (as determined by the Secretary) to without regard to any postmarketing re- supra; as follows: be paid for by the sponsors of an approved quirements that may apply under such Act; At the appropriate place in subtitle A of clinical trial. or title I, insert the following: ‘‘(B) PAYMENT RATE.—In the case of cov- ‘‘(ii) is included in the labeling authorized SEC. ll. COVERAGE FOR INDIVIDUALS PARTICI- ered items and services provided by— by the application in effect for the drug PATING IN APPROVED CLINICAL ‘‘(i) a participating provider, the payment under section 351 of the Public Health Serv- TRIALS AND ACCESS TO APPROVED rate shall be at the agreed upon rate, or ice Act, without regard to any post- DRUGS AND DEVICES. ‘‘(ii) a nonparticipating provider, the pay- marketing requirements that may apply pur- (a) ERISA.—Subpart C of part 7 of subtitle ment rate shall be at the rate the plan or suant to such section; or B of title I of the Employee Retirement In- issuer would normally pay for comparable ‘‘(B) in the case of a medical device, is in- come Security Act of 1974, as added by sec- services under clause (i). cluded in the labeling authorized by a regu- tion 101(a)(2) of this Act, is amended by add- ‘‘(4) APPROVED CLINICAL TRIAL DEFINED.— lation under subsection (d) or (3) of section ing at the end the following: ‘‘(A) IN GENERAL.—In this subsection, the 513 of the Federal Food, Drug, and Cosmetic ‘‘SEC. 730A. COVERAGE FOR INDIVIDUALS PAR- term ‘approved clinical trial’ means a clin- Act, an order under subsection (f) of such TICIPATING IN APPROVED CLINICAL ical research study or clinical investigation section, or an application approved under TRIALS AND ACCESS TO APPROVED approved and funded (which may include section 515 of such Act, without regard to DRUGS AND DEVICES. funding through in-kind contributions) by any postmarketing requirements that may ‘‘(a) COVERAGE FOR INDIVIDUALS PARTICI- one or more of the following: apply under such Act. PATING IN APPROVED CLINICAL TRIALS.— ‘‘(i) The National Institutes of Health. ‘‘(2) CONSTRUCTION.—Nothing in this sub- ‘‘(1) COVERAGE.— ‘‘(ii) A cooperative group or center of the section shall be construed as requiring a ‘‘(A) IN GENERAL.—If a group health plan, National Institutes of Health. group health plan or health insurance issuer or a health insurance issuer in connection ‘‘(iii) Either of the following if the condi- to provide any coverage of prescription drugs with group health insurance coverage, pro- tions described in subparagraph (B) are met: or medical devices. vides coverage to a qualified individual (as ‘‘(I) The Department of Veterans Affairs. ‘‘(d) APPLICATION OF SECTION.—This section defined in paragraph (2)), the plan or issuer— ‘‘(II) The Department of Defense. shall supersede the provisions of section 728. ‘‘(e) REVIEW.—Failure to meet the require- ‘‘(i) may not deny the individual participa- ‘‘(B) CONDITIONS FOR DEPARTMENTS.—The tion in the clinical trial referred to in para- conditions described in this paragraph, for a ments of this section shall constitute an ap- pealable decision under this Act. graph (2)(B); study or investigation conducted by a De- ‘‘(f) PLAN SATISFACTION OF CERTAIN RE- ‘‘(ii) subject to paragraph (3), may not partment, are that the study or investiga- deny (or limit or impose additional condi- QUIREMENTS.—Pursuant to rules of the Sec- tion has been reviewed and approved through retary, if a health insurance issuer offers tions on) the coverage of routine patient a system of peer review that the Secretary costs for items and services furnished in con- health insurance coverage in connection determines— with a group health plan and takes an action nection with participation in the trial; and ‘‘(i) to be comparable to the system of peer ‘‘(iii) may not discriminate against the in- in violation of any provision of this sub- review of studies and investigations used by chapter, the group health plan shall not be dividual on the basis of the participant’s, the National Institutes of Health, and liable for such violation unless the plan beneficiaries or enrollee’s participation in ‘‘(ii) assures unbiased review of the highest caused such violation. such trial. scientific standards by qualified individuals ‘‘(g) APPLICABILITY.—The provisions of this ‘‘(B) EXCLUSION OF CERTAIN COSTS.—For who have no interest in the outcome of the section shall apply to group health plans and purposes of subparagraph (A)(ii), routine pa- review. health insurance issuers as if included in— tient costs do not include the cost of the ‘‘(5) CONSTRUCTION.—Nothing in this sec- ‘‘(1) subpart 2 of part A of title XXVII of tests or measurements conducted primarily tion shall be construed to limit a plan’s or the Public Health Service Act; for the purpose of the clinical trial involved. issuer’s coverage with respect to clinical ‘‘(2) the first subpart 3 of part B of title ‘‘(C) USE OF IN-NETWORK PROVIDERS.—If one trials. XXVII of the Public Health Service Act (re- or more participating providers is partici- ‘‘(b) ACCESS TO NEEDED PRESCRIPTION lating to other requirements); and pating in a clinical trial, nothing in subpara- DRUGS.—If a group health plan, or health in- ‘‘(3) subchapter B of chapter 100 of the In- graph (A) shall be construed as preventing a surance issuer that offers group health insur- ternal Revenue Code of 1986. plan or issuer from requiring that a qualified ance coverage, provides benefits with respect ‘‘(h) NONAPPLICATION OF CERTAIN PROVI- individual participate in the trial through to prescription drugs but the coverage limits SION.—Only for purposes of applying the re- such a participating provider if the provider such benefits to drugs included in a for- quirements of this section under section 714 will accept the individual as a participant in mulary, the plan or issuer shall— of the Employee Retirement Income Secu- the trial. ‘‘(1) ensure participation of participating rity Act of 1974 (as added by section 301 of ‘‘(2) QUALIFIED INDIVIDUAL DEFINED.—For physicians and pharmacists in the develop- this Act), sections 2707 and 2753 of the Public purposes of paragraph (1), the term ‘qualified ment of the formulary; Health Service Act (as added by sections 201 individual’ means an individual who is a par- ‘‘(2) disclose to providers and, disclose and 202 of this Act), and section 9813 of the ticipant or beneficiary in a group health plan upon request to participants, beneficiaries, Internal Revenue Code of 1986 (as added by or enrollee under health insurance coverage and enrollees, the nature of the formulary section 401 of this Act)— and who meets the following conditions: restrictions; and ‘‘(1) section 2721(b)(2) of the Public Health ‘‘(A)(i) The individual has a life-threat- ‘‘(3) consistent with the standards for a Service Act and section 9831(a)(1) of the In- ening or serious illness for which no stand- utilization review program, provide for ex- ternal Revenue Code of 1986 shall not apply ard treatment is effective. ceptions from the formulary limitation when to the provisions of this section; and ‘‘(ii) The individual is eligible to partici- a non-formulary alternative is medically in- ‘‘(2) with respect to limited scope dental pate in an approved clinical trial according dicated, except that— benefits, subparagraph (A) of section 733(c)(2) to the trial protocol with respect to treat- ‘‘(A) an exception provided under this para- of the Employee Retirement Income Secu- ment of such illness. graph shall be provided in accordance with rity Act of 1974, subparagraph (A) of section July 13, 1999 CONGRESSIONAL RECORD — SENATE S8395 2791(c)(2) of the Public Health Service Act, plan such of the information elements re- arising in taxable years beginning after De- and subparagraph (A) of section 9832(c)(2) of quired to be provided under subparagraph cember 31, 2001. the Internal Revenue Code of 1986 shall not (A), and in such manner and at such times as (d) LIMITATIONS ON WELFARE BENEFIT apply to the provisions of this section. the Secretary may specify, at a frequency FUNDS OF 10 OR MORE EMPLOYER PLANS.— ‘‘(i) NO IMPACT ON SOCIAL SECURITY TRUST consistent with that required under subpara- (1) BENEFITS TO WHICH EXCEPTION APPLIES.— FUND.— graph (A) with respect to each individual de- Section 419A(f)(6)(A) of the Internal Revenue ‘‘(1) IN GENERAL.—Nothing in this section scribed in subparagraph (A) who is covered Code of 1986 (relating to exception for 10 or shall be construed to alter or amend the So- under the plan by reason of employment more employer plans) is amended to read as cial Security Act (or any regulation promul- with that employer or membership in the or- follows: gated under that Act). ganization. ‘‘(A) IN GENERAL.—This subpart shall not ‘‘(2) TRANSFERS.— ‘‘(C) INFORMATION ELEMENTS.—The infor- apply to a welfare benefit fund which is part ‘‘(A) ESTIMATE OF SECRETARY.—The Sec- mation elements described in this subpara- of a 10 or more employer plan if the only retary of the Treasury shall annually esti- graph are the following: benefits provided through the fund are 1 or mate the impact that the enactment of this ‘‘(i) ELEMENTS CONCERNING THE INDI- more of the following: section has on the income and balances of VIDUAL.— ‘‘(i) Medical benefits. the trust funds established under section 201 ‘‘(I) The individual’s name. ‘‘(ii) Disability benefits. of the Social Security Act (42 U.S.C. 401). ‘‘(II) The individual’s date of birth. ‘‘(iii) Group term life insurance benefits ‘‘(B) TRANSFER OF FUNDS.—If, under sub- ‘‘(III) The individual’s sex. which do not provide for any cash surrender paragraph (A), the Secretary of the Treasury ‘‘(IV) The individual’s social security in- value or other money that can be paid, as- estimates that the enactment of this section surance number. signed, borrowed, or pledged for collateral has a negative impact on the income and bal- ‘‘(V) The number assigned by the Secretary for a loan. ances of the trust funds established under to the individual for claims under this title. The preceding sentence shall not apply to section 201 of the Social Security Act (42 ‘‘(VI) The family relationship of the indi- any plan which maintains experience-rating U.S.C. 401), the Secretary shall transfer, not vidual to the person who has or had current arrangements with respect to individual em- less frequently than quarterly, from the gen- or employment status with the employer. ployers.’’ eral revenues of the Federal Government an ‘‘(ii) ELEMENTS CONCERNING THE FAMILY (2) LIMITATION ON USE OF AMOUNTS FOR amount sufficient so as to ensure that the MEMBER WITH CURRENT OR FORMER EMPLOY- OTHER PURPOSES.—Section 4976(b) of such Act income and balances of such trust funds are MENT STATUS.— (defining disqualified benefit) is amended by not reduced as a result of the enactment of ‘‘(I) The name of the person in the individ- adding at the end the following new para- such section. ual’s family who has current or former em- graph: ‘‘(j) LIMITATION ON ACTIONS.— ployment status with the employer. ‘‘(5) SPECIAL RULE FOR 10 OR MORE EM- ‘‘(1) IN GENERAL.—Except as provided for in ‘‘(II) That person’s social security insur- PLOYER PLANS EXEMPTED FROM PREFUNDING paragraph (2), no action may be brought ance number. LIMITS.—For purposes of paragraph (1)(C), under subsection (a)(1)(B), (a)(2), or (a)(3) of ‘‘(III) The number or other identifier as- if— section 502 by a participant or beneficiary signed by the plan to that person. ‘‘(A) subpart D of part I of subchapter D of seeking relief based on the application of ‘‘(IV) The periods of coverage for that per- chapter 1 does not apply by reason of section any provision in this section. son under the plan. 419A(f)(6) to contributions to provide 1 or ‘‘(2) PERMISSIBLE ACTIONS.—An action may ‘‘(V) The employment status of that person more welfare benefits through a welfare ben- be brought under subsection (a)(1)(B), (a)(2), (current or former) during those periods of efit fund under a 10 or more employer plan, or (a)(3) of section 502 by a participant or coverage. and beneficiary seeking relief based on the appli- ‘‘(VI) The classes (of that person’s family ‘‘(B) any portion of the welfare benefit cation of this section to the individual cir- members) covered under the plan. fund attributable to such contributions is cumstances of that participant or bene- ‘‘(iii) PLAN ELEMENTS.— used for a purpose other than that for which ficiary; except that— ‘‘(I) The items and services covered under the contributions were made, the plan. ‘‘(A) such an action may not be brought or then such portion shall be treated as revert- ‘‘(II) The name and address to which maintained as a class action; and ing to the benefit of the employers maintain- claims under the plan are to be sent. ‘‘(B) in such an action relief may only pro- ing the fund.’’ vide for the provision of (or payment for) ‘‘(iv) ELEMENTS CONCERNING THE EM- (3) EFFECTIVE DATE.—The amendments benefits, items, or services denied to the in- PLOYER.— ‘‘(I) The employer’s name. made by this subsection shall apply to con- dividual participant or beneficiary involved tributions paid or accrued after the date of (and for attorney’s fees and the costs of the ‘‘(II) The employer’s address. ‘‘(III) The employer identification number the enactment of this Act, in taxable years action, at the discretion of the court) and ending after such date. shall not provide for any other relief to the of the employer. participant or beneficiary or for any relief to ‘‘(D) USE OF IDENTIFIERS.—The adminis- f any other person. trator of a group health plan shall utilize a TREASURY-POSTAL SERVICE unique identifier for the plan in providing in- ‘‘(3) RULE OF CONSTRUCTION.—Nothing in APPROPRIATIONS this subsection shall be construed as affect- formation under subparagraph (A) and in ing any action brought by the Secretary. other transactions, as may be specified by the Secretary, related to the provisions of ‘‘(k) EFFECTIVE DATE.—The provisions of CAMPBELL AMENDMENT NO. 1240 this section shall apply to group health plans this subsection. The Secretary may provide for plan years beginning after, and to health to the administrator the unique identifier Mr. JEFFORDS (for Mr. CAMPBELL) insurance issuers for coverage offered or sold described in the preceding sentence. proposed an amendment to the bill (S. after, October 1, 2000.’’. ‘‘(E) PENALTY FOR NONCOMPLIANCE.—Any 1282) making appropriations for the (b) INFORMATION REQUIREMENTS.— entity that knowingly and willfully fails to Treasury Department, the United (1) INFORMATION FROM GROUP HEALTH comply with a requirement imposed by the States Postal Service, the Executive PLANS.—Section 1862(b) of the Social Secu- previous subparagraphs shall be subject to a Office of the President, and certain rity Act (42 U.S.C. 1395y(b)) is amended by civil money penalty not to exceed $1,000 for adding at the end the following: each incident of such failure. The provisions Independence Agencies, for the fiscal ‘‘(7) INFORMATION FROM GROUP HEALTH of section 1128A (other than subsections (a) year ending September 30, 2000, and for PLANS.— and (b)) shall apply to a civil money penalty other purposes; as follows: ‘‘(A) PROVISION OF INFORMATION BY GROUP under the previous sentence in the same Amend page 57, line 14 by reducing the dol- HEALTH PLANS.—The administrator of a manner as those provisions apply to a pen- lar figure by $17,000,000. group health plan subject to the require- alty or proceeding under section 1128A(a).’’. On page 11, line 16 strike ‘‘$569,225,000’’ and ments of paragraph (1) shall provide to the (2) EFFECTIVE DATE.—The amendment insert in lieu thereof ‘‘$570,345,000’’. Secretary such of the information elements made by paragraph (1) shall take effect 180 f described in subparagraph (C) as the Sec- days after the date of the enactment of this retary specifies, and in such manner and at Act. NOTICES OF HEARINGS such times as the Secretary may specify (but (c) MODIFICATION TO FOREIGN TAX CREDIT COMMITTEE ON ENERGY AND NATURAL not more frequently than 4 times per year), CARRYBACK AND CARRYOVER PERIODS.— RESOURCES with respect to each individual covered (1) IN GENERAL.—Section 904(c) of the Inter- Mr. MURKOWSKI. Mr. President, I under the plan who is entitled to any bene- nal Revenue Code of 1986 (relating to limita- would like to announce that on Friday, fits under this title. tion on credit) is amended— July 16, 1999, the Committee on Energy ‘‘(B) PROVISION OF INFORMATION BY EMPLOY- (A) by striking ‘‘in the second preceding and Natural Resources will hold an ERS AND EMPLOYEE ORGANIZATIONS.—An em- taxable year,’’, and ployer (or employee organization) that main- (B) by striking ‘‘or fifth’’ and inserting oversight hearing on Damage to the tains or participates in a group health plan ‘‘fifth, sixth, or seventh’’. National Security from Chinese Espio- subject to the requirements of paragraph (1) (2) EFFECTIVE DATE.—The amendment nage at DOE Nuclear Weapons Labora- shall provide to the administrator of the made by paragraph (1) shall apply to credits tories. The hearing will be held at 9:00 S8396 CONGRESSIONAL RECORD — SENATE July 13, 1999 a.m. in room 366 of the Dirksen Senate of New York State, and to the improve- with Dwight Opperman, who for decades was Office Building in Washington, D.C. ment of legal education for all Ameri- the leader of West Publishing, the world’s Those who wish further information cans. Since 1988, when Sexton became largest publisher of law books, he volun- may wright to the Committee on En- Dean, NYU Law School has become one teered: ‘‘NYU surpasses Harvard in many areas.’’ ergy and Natural Resources, U.S. Sen- of America’s finest law schools. Dean Frankly, when I first read Traub’s article, ate, Washington, D.C. 20510. Sexton should be recognized for his ef- and even more when I began to hear views COMMITTEE ON INDIAN AFFAIRS forts. I ask that the text of ‘‘John Sex- like those of Ryan, Edwards, Pasquino and Mr. CAMPBELL. Mr. President, I ton Seizing the Mile’’ by Stephen Opperman, I was more than a little bit sur- would like to announce that the Senate Englund be printed in the CONGRES- prised. How was it that NYU had come to be seen as seriously challenging—or even sur- Committee on Indian Affairs will meet SIONAL RECORD. The text follows: passing—‘‘name brand’’ schools like Harvard, during the session of the Senate on Yale, Chicago and Stanford? And how had it Wednesday, July 21, 1999, at 9:30 a.m. to [From Lifestyles, Pre-Spring 1999] happened so quickly? As a former academic, conduct a hearing on S. 985, the Inter- JOHN SEXTON SEIZING THE MILE I know that the academy is one of the least governmental Gaming Agreement Act of (By Stephen Englund) variable theaters on the world stage. Far more than in other realms, reputations of 1999. The hearing will be held in room In the late spring of 1997, veteran reporter colleges, universities and professional 485, Russell Senate Building. James Traub asked, in a headline to a New schools are improved, if at all at a glacial York Times Magazine feature article, ‘‘Is Please direct any inquiries to com- creep, though they may decline precipi- NYU’s law school challenging Harvard’s as mittee staff at 202/224–2251. tously. Little wonder, then, that NYU’s rise the nation’s best?’’ It was a fair question. f to the top of legal education continues to be NYU Law had come a long way in a short the topic of so much discussion. AUTHORITY FOR COMMITTEES TO time. A law school that had been little more What does explain NYU’s ascendancy? MEET than a commuter school at the end of World Well, one key element is surely the aston- War II was, by 1997, considered by anyone fa- ishing migration of academic stars from COMMITTEE ON THE JUDICIARY miliar with current developments in legal other leading law schools to Washington Mr. NICKLES. Mr. President, I ask education to be, as one professor said, ‘‘one Square. In academe, it is big news when an unanimous consent that the Com- of the five or six law schools that could plau- established professor at a leading school mittee on the Judiciary be authorized sibly claim to be among the top three in the makes a ‘‘lateral move’’ to a peer institu- country.’’ Distinguished academics like Har- to meet for a hearing re judicial nomi- tion—even more so when the professor leaves vard’s Laurence Tribe and Arthur Miller had a distinguished chaired professorship in nations, during the session of the Sen- placed NYU (with their own school and with ate on Tuesday, July 13, 1999, at 2:00 making the move. In legal education, such Yale, Stanford and Chicago) in that group. moves have been relatively rare, in part be- p.m., in SD226. As Tribe put it: ‘‘The array of faculty that cause law faculties are small (the largest in The PRESIDING OFFICER. Without has moved to NYU over the last decade or so the country has only 70 to 80 members). Yet objection, it is so ordered. has created a level of scholarship and intel- over the last 10 years, there has been an un- lectual distinction and range that is ex- SUBCOMMITTEE ON FORESTS AND PUBLIC LAND precedented migration to NYU from schools tremely impressive.’’ MANAGEMENT like Chicago, Harvard, Michigan Pennsyl- In 1997, the notion that NYU’s School of vania, Stanford, Virginia, and Yale, and NYU Mr. NICKLES. Mr. President, I ask Law might be the best was certainly provoc- unanimous consent that the Sub- can now boast the most distinguished set or ative. But 18 months later, after an aston- ‘‘laterals’’ of any law school. committee on Forests and Public Land ishing (indeed unprecedented) day-long Another element is its student body. For Management of the Committee on En- forum at the school titled ‘‘Strengthening decades, NYU has drawn strong students, but ergy and Natural Resources be granted Democracy in the Global Economy’’—a today the school attracts many of the very permission to meet during the session meeting that brought to Washington Square best in the country. Today, by any objective of the Senate on Tuesday, July 13, for President Clinton, Britain’s Prime Minister criteria-grade point averages, LSAT scores, Tony Blair, Italy’s President Romano Prodi purposes of conducting a subcommittee the number of graduate academic degrees and Bulgaria’s President Peter Stoyanov, as earned, the languages spoken-NYU’s student hearing which is schedules to begin at well as First Lady Hillary Rodham Clinton 2:30 p.m. The purpose of this hearing is body is among the three of four most selec- and a supporting cast of respected intellec- tive in the nation. to receive testimony on issues relating tuals and other leaders—many people are an- And then, too, there is NYU’s remarkable to. S. 1330, a bill to give the city of swering Traub’s question with a resounding record in providing those students, as they Mesquite, Nevada, the right to pur- ‘‘Yes!’’ graduate, with the most coveted legal jobs. chase at fair market value certain par- Indeed, the rise of NYU over the past few NYU’s graduates long have dominated the cels of public land in the city, and S. years has been one of the most noted ad- public service bar, but the dramatic develop- vances on the academic scene—with a grow- ment of the past decade is that NYU has 1329, a bill to direct the Secretary of ing number of those both in the academy and the Interior to convey certain land to edged ahead of Harvard in providing the at the bar offering the view that NYU has be- greatest number of hires by the American Nye County, Nevada, and for other pur- come the nation’s premier site for legal edu- Lawyer’s 50 leading law firms. poses. cation. For instance, Michael Ryan, senior The school’s arrival at the top has been The PRESIDING OFFICER. Without partner at New York’s oldest law firm, ratified in perhaps the most brutal arena of objection, it is so ordered. Cadwalader, Wickersham, and Taft—himself them all: fund-raising. In December 1998, a Harvard Law School graduate—told me: SUBCOMMITTEE ON HEALTH, EDUCATION, LABOR, NYU Law completed an extraordinary suc- ‘‘NYU is a more exciting and innovative AND PENSIONS cessful five-year fund-raising campaign. place that any other law school. The place Under the leadership of Martin Payson (’61), Mr. NICKLES. Mr. President, I ask combines the energy, vitality and diversity the campaign’s chairman; Board Chair Mar- unanimous consent that the Com- like that of the Lexington Avenue subway tin Lipton (’55); and Vice-Chair Lester Pol- mittee on Health, Education, Labor, with the cohesiveness and spirit. The lack (’57), the campaign has generated 45 and Pensions be authorized to meet for school’s innovative global initiative is alone gifts in excess of $1 million. Eight have been a hearing on ‘‘ESEA: Drug Free worth the price of admission. If I were a stu- in excess of $5 million, including gifts from Schools’’ during the session of the Sen- dent, I’d choose it over any other school.’’ Alfred (’65) and Gail Engelberg, Jay (’71) and ate on Tuesday, July 13, 1999, at 9:30. Chief Judge Harry Edwards of the United Gail Furman, Rita (’59) and Gustave Hauser, States Court of Appeals for the District of The PRESIDING OFFICER. Without LL.M. (’57), Jerome Kern (’60) Dwight Columbia Circuit, viewed by many as the na- Opperman, Ingeborg and Ira Rennert, and objection, it is so ordered. tion’s second most important court, said vir- the Wachtell, Lipton, Rosen & Katz law firm. f tually the same thing: NYU is absolutely the It took NYU just three years to reach its place to be these days. I hear more com- original five-year goal of $125 million, and it ADDITIONAL STATEMENTS ments about the quality, excitement, and easily surpassed its revised goal of $175 mil- originality of what’s going on there than I do lion. Only Yale and Harvard law schools join about any other law school.’’ As did NYU at this level. SEIZING THE MILE Pasquale Pasquino, one of Europe’s foremost Once I discovered these facts, the startling Mr. SCHUMER. Mr. President, I rise political theorists, who is teaching at the idea that NYU Law School may be the best ∑ law school this year’’ ‘‘NYU surely has the in the country—perhaps in the world—began to commend John Sexton, Dean of New most prominent, the most productive and to grow on me. And I also realized that this York University Law School, for his the most interesting faculty. Its programs transformation was a riveting tale of ‘‘from many years of hard work and dedica- raise some of the most interesting questions there to here’’—one of the most remarkable tion to the Law School, the residents raised in any law school.’’ And when I spoke in education history. Here it is in a nutshell. July 13, 1999 CONGRESSIONAL RECORD — SENATE S8397

A HISTORICAL PERSPECTIVE art. Its student body has become more selec- Square campus of NYU, this time listening Fade in. Scene One. It is 1942. Arthur T. tive and much more diverse, boasting stu- to Dr. L. Jay Oliva expatiate to NYU alumni Vanderbilt becomes dean of NYU Law dents from a dozen countries. Its faculty now and friends about his aspirations for the uni- School. Though already more than a century has a core of highly regarded scholars and versity he has presided over since he suc- old (it was founded in 1835) and boasting clinicians. Still, in the previous five years, ceeded John Brademas in 1992. Some college graduates like Samuel J. Tilden, Elihu Root NYU has made only one addition to its ten- presidents, he observes, especially those in and Jacob Javits, NYU is not an impressive ure track faculty, and two junior leading the Midwest, strive to make their institu- place. Its facilities are limited to two floor lights have defected to Columbia (one of tions as good as their football team. Others of an antiquated factory building in Green- whom, David Leebron, would later become want it to be as fine as the music conserv- wich Village. It is a ‘‘commuter school,’’ Columbia’s dean). There was the atory or the medical school. Here at NYU, drawing its students from the New York discomfiting prospect that Columbia— and Oliva says with a smile, ‘‘I will be satisfied metropolitan area. Justice Felix Frank- other schools would persuade more faculty when I leave office if the university matches furter, in his biography, described it as one members to move. This is not good, Dorsen the quality and the renown of its law of the worst schools in the country. says. It should be NYU that is doing the lur- school.’’ Fade out. But the visionary Vanderbilt sees the po- ing and hiring. In his view, the mood of con- THE NEW DEAN tentment reigning at the law school, though tential oak lurking within the acorn. He sees NYU Law’s ascent unquestionably has been understandable, is potentially destructive. NYU as a national and international ‘‘center the product of many factors. No. 1, just as On the positive side, Dorsen says, the of the law.’’ Many in the upper reaches of the Vanderbilt foresaw, is its unique location. school does have a dynamic new dean, John university see his dream as ‘‘Vanderbilt’s By the dawn of the ’90’s, as Professor Rich- Sexton. However, Sexton has been dean only folly,’’ but the determined Vanderbilt, dedi- ard Revesz notes, New York City itself was two years now, and it is too soon to assay his cated to the dream, presses on. ‘‘no longer a minus’’ in hiring faculty. The potential. If Sexton succeeds in reigniting First, he begins to exploit the school’s city had solved many of its worst problems the law school’s ‘‘steady drive’’ to the top, unique asset: its Greenwich Village location and was becoming attractive again, espe- says Dorsen, it will be because he has man- in the legal, financial, cultural and intellec- cially to academics in two-career families aged to replenish the school’s slipping en- tual hub of the world, New York City. Me- (Revesz’s wife, Vicki Been, for instance is dowment, to stanch the incipient hemor- thodically, he plans for an expansion of the also professor at the law school). And Green- rhage of top scholars to other law schools school’s physical plant. Soon he opens an at- wich Village is a particularly attractive part and galvanize NYU Law with a sense of mis- tractive new classroom building that the law of the city. However, to invoke ‘‘other fac- sion. Dorsen allows as how ‘‘there is ample school can call its own, and he follows three tors’’ in accounting for NYU’s rise to the top ground to hope’’ this all might happen, so years later, in 1955, with the school’s first of legal education while downplaying the that ‘‘within a few years NYU will be firmly residence hall. role of Dean John Sexton would be like try- established in fact and in the consciousness Along the way, seeking to raise much- ing to discuss the right of judicial review of the profession and the public as being needed cash, the dean’s natural financial without highlighting John Marshall; it’s savvy intersects with luck, when he pur- among the best in the nation.’’ Fade out. Fade in. Scene Three. It is 1994. Richard talking ‘‘Scopes’’ while soft-pedaling chases the C.F. Mueller Macaroni Company Stewart, formerly a chaired professor and as- Darrow. It’s To Kill A Mockingbird without for the law school. The company generates sociate dean at Harvard Law School and re- Atticus Finch. When Norman Redlich retired profits each year and gives the school lasting cently assistant attorney general for the en- in 1988 and John Sexton, a member of the security, for when the Mueller Company is vironment, is sitting in John Sexton’s office Enterprise, was selected as his successor, the sold in 1977, it is worth more than 20 times at NYU. Stewart is a towering figure in law, law school got more than it expected. The the school’s original investment. Even after widely recognized as the nation’s leading dean calls himself ‘‘a catalyst, not the providing $40 million to the then-financially scholar in environmental and administrative cause’’ of the law school’s arrival at the top, pressed university, the law school realizes a law. Harvard wants him back. Columbia, but any measure and by all accounts, he is a gain of nearly $80 million. And, in return for where Stewart’s former Harvard colleague catalyst nonpareil. having shared its profits with the university, and co-author is dean, has launched a major We owe to the ancient Greek poet the law school is granted a degree of auton- effort to attract him. But Sexton thinks Archilochus the familiar observation that omy unprecedented in education. It will Stewart should come to Washington ‘‘the fox knows many things, but the hedge- henceforth do its own planning, and its deci- Square—that he should become part of what hog knows one great thing.’’ John Sexton, sions will be a product of its dean, its faculty he calls ‘‘the Enterprise,’’ the group of NYU with his round cheeks, his bright eyes, and and its own independent Board of Trustees. faculty who are devoted to making the bushy hair, resembles as well as personifies Vanderbilt officially resigns in 1947 to be- school the world’s leading center of the the hedgehog. There is about Sexton a deep come Chief Justice of the New Jersey Su- study of law. intelligence and a grand sense of humor, but preme Court, but he continues to play Pyg- The Enterprise is committed to several the one ‘‘great thing’’ that he knows, and malion with the school until his death in principles, Sexton tells Stewart. It rejects knows well, is single-minded devotion to a 1957. He adds significant new programs de- the notion, prevalent in elite schools, that team or institution. signed to give the school a national reputa- faculty members are ‘‘independent contrac- Sexton came to teach at NYU in 1981, im- tion, he deploys a merit scholarship program tors’’ teaching what they want to teach mediately following a clerkship with Chief to attract the best students and he begins when they want to teach it, and available to Justice Warren Burger, and was granted ten- the process of building a strong faculty. colleagues and students as much or as little ure a mere three years later. He has run NYU Still, though NYU Law School now is a very as they please. Instead, faculty in the Enter- Law School for a decade now, and recently, good school, Vanderbilt’s dream is not near- prise undertake a reciprocal obligation to happily signed on for another term of five ly realized. Fade out. each other and to their students—they years. This alone is rare. Law schools these Fade in Scene Two. It is the opening of the pledge to be engaged with each other in a days are desperate for deans because deans 1990 academic year. We are seated in a hall learning community, reading drafts and are desperate to leave their posts. The aver- at the law school, listening to a distin- being present for one another in an ongoing age tenure of an American law dean is fewer guished leader of the faculty explain ‘‘How conversation about law. than four years. In the words of Chief Judge NYU became a Major Law School.’’ The Sexton continues: ‘‘The Enterprise rejects Harry Edwards: ‘‘John is a truly visionary words spoken by Prof. Norman Dorsen are contentment in favor of constant improve- dean, and if that statement sounds like an appealing—for their modesty as well as for ment and aspiration. The school always oxymoron, it’s because no one these days their insight and depth. Dorsen, an eminent should be asking: How can we become better? thinks of law deans as visionary. They aren’t scholar and defender of civil rights, has just Members of the Enterprise are willing, occa- thought to hold a job that allows them to be retired as president of the American Civil sionally at least, to subordinate personal in- visionary. Even if some deans might want to Liberties Union. Reading between the lines terests to those of the collective. They de- do something special, the drudgery of run- of his talk, it is clear he is also a painfully light in having colleagues who challenge ning a law school, especially of holding its honest man. It’s not difficult to sense that their ideas; they are not afraid to be around factions together, doesn’t permit it. That’s he is not entirely convinced that his law people who are smarter than they are.’’ why deans turn over so quickly.’’ school is altogether as eminent a place as In making his case to Stewart, Sexton Sexton’s personality is haimish-warm and some have claimed it to be. Indeed, he tells reaches back to a phrase he first heard from embracing, your quintessential ‘‘good guy.’’ his audience that recent years have been a the Jesuits: ‘‘Most of all, the Enterprise is John (as he urges everyone, including his time of ‘‘deceleration’’ in NYU’s ‘‘steady committed to thinking constantly about the students, to call him) is disarmingly self-ef- drive to the summit of American legal edu- ratio studiorum of the school: why do we do facing, gracious, ready and eager to brag cation, which seemed inexorable a few years things the way we do?’’ The Enterprise, Sex- about others, to share credit even for things before.’’ ton tells Stewart, is open to everyone who he has largely accomplished on his own. He What does Dorsen mean? After all, in the wishes to join. It is the center of gravity of is above all eager to elicit people’s counsel quarter century since Vanderbilt, the law NYU’s faculty, and NYU’s unique attraction. and ideas, to involve them in his grand school has added eight new buildings, includ- ‘‘Count me in, Stewart says. Fade out. project of building up the law school. Despite ing two splendid residence halls and a mag- Fade in. Scene four. It is 1998. We are seat- his Harvard J.D. and his Fordham Ph.D. (in nificent underground library—all state of the ed in another auditorium on the Washington religion), he is profoundly non-elitist. A S8398 CONGRESSIONAL RECORD — SENATE July 13, 1999 Brooklynite who has kept (indeed cul- the external things. If you go back over my will be a better place, better able to do its tivated) the accent, he is absolutely com- eleven years as dean, you could count on the job, if they are a part of it, in this or that fortable with himself. Being around the fingers of one hand the number of black-tie specific way or program. He’s the first dean super-wealthy, the super-powerful, or the dinners and dais-sittings I’ve done. I avoid most people have met who has made a super-brilliant neither fazes nor inhibits him events where I am introduced as a ‘comma thought-out overture to them for their per- in the least. And he’s no clothes-horse, ei- person’ l you know, John Sexton, comma, sonalities, their ideas, their ongoing involve- ther. There’s often a slightly rumpled or pro- dean of l.’ ’’ In short, if it isn’t students, or ment, not just their money.’’ fessorial air about him. meetings, or intellectual events, Dean Sex- West Publishing’s Dwight Opperman is a In short, this man is, in style and appear- ton is at home with his family. graduate of Drake University Law School, ance, closer to a New York ward heeler than, Sexton at home differs little from Sexton yet he has given millions of dollars to NYU. say, the cosmopolitan director of the Metro- in public. He is a paterfamilias who readily As he puts it: ‘‘ I am approached all the time politan Museum. From his nasal Brook- assumes tasks and responsibilities, from by people with their hands out. There are so lynese to the show-and-tell hands, from the helping his daughter, Katie, 10, with her many worthy causes and bright people to wide-open, explosive laugh and the rapid-fire homework, to working out a solution to his choose from. What John Sexton does better banter to the sharing of jokes and stories, aging mother-in-law’s care needs. You than anybody else I’ve ever met is to show Sexton is more like a New York mayor in wouldn’t describe John as ‘‘uxorious’’ where me how I can be part of something original the Ed Koch mold than he is a white-shoe his wife, Lisa Goldberg, is concerned (she, and interesting.’’ Recently, for example, lawyer or John Houseman’s Professor like her husband, is a Harvard-trained law- Opperman gave several hundred thousand Kingsfield in The Paper Chase. He can out— yer, and the executive vice president of the dollars so that NYU could host the forum Rudin the Rudin Brothers at boostering New Charles H. Revson Foundation), but his devo- with President Clinton, Tony Blair and the York—he follows and knows the Yankees, tion to her is such that the word passes other leaders. Knicks, Jets and Giants as few who aren’t through your mind. Home and hearth mean a Then, too, Sexton knows how to give even sports journalists do, and he can (and will) great deal to John, and if ‘‘family’’ certainly when he’s not getting. A few months ago, the tell you where to find the best bagel in the starts with Lisa, Katie and grown son Jed, Las Vegas entrepreneur James Rogers was five boroughs. an actor, and Jed’s wife, Danielle, it also in- profiled in the New York Times for his Among his skills is the ability to take the cludes others, for John and Lisa readily in- record-setting gift of $115 million to his alma edge off irritability or anger, to foster a vite additions to the mishpocha. He enjoys mater, the University of Arizona Law sense of camaraderie among the disparate contributing—he almost needs to con- School. In the quest to make the best use of group of people. And if he is no expert on cul- tribute—to the sense of fulfillment and well- this generosity, Rogers and Arizona’s law ture (and doesn’t pretend to be), Sexton is being of those around him. school dean, Joel Seligman, toured the coun- yet reminiscent of that mesmerizing czar of A hedgehog in his devotion to one great try seeking advice from leaders at the na- New York’s not-for-profit theater, the late idea, Sexton also is a hedgehog in the way he tion’s top law schools. In the end, Rogers Joseph Papp. For, like the founder of the pursues it. The NYU Law dean hasn’t the asked Sexton to help them shape their plans. New York Shakespeare Festival, Sexton is a chameleon’s morphing talent, and only some Why Sexton? Rogers says that he was im- salesman, par excellence, of his ‘‘idea’’ and of the fox’s canniness, but he is the exemplar pressed by NYU Law’s ‘‘incredibly swift’’ rise institution. He knows he’s got the greatest of the persistent sell. Unlike any other lead- in prominence: ‘‘It already has bested Har- thing in the world, and he’s gonna button- ing law dean, Sexton, in service to his ideal, vard in some areas. It has great potential to hole, assault, cajole, and wear you down is not afraid to give himself away, to look ri- get out in front and stay in front.’’ And he until you know it too. And if at first you diculous, to give everyone he talks to his or was no less emphatic about ‘‘the spirit of the don’t agree with him, that’s okay, he just her full due—and maybe a little (actually, a place.’’ ‘‘The NYU people have high IQs and hasn’t done a good enough job of persuading lot) more—often at his own expense. Sexton strong opinions, but they’re united in their you—yet. readily refers to himself as ‘‘the P.T. Bar- focus on being the best. They’re a team.’’ With his students and faculty, Sexton can num of legal education,’’ and if the listener On short notice, Sexton recently flew to be—everyone says so—like a parish priest. actually goes away thinking ‘‘that is truly Tucson for a weekend. In a series of intense As confidant and counselor, he is peerless, what this guy is,’’ that’s okay, as long as he discussions with Rogers, Seligman and the inclined, as he himself puts it, to ‘‘hear con- or she has come to understand Sexton’s Arizona faculty, they discussed options for fessions’’ and impart advice, including no ‘‘great idea’’ and agreed to serve it in some the University of Arizona Law School Foun- small amount of moral exhortation, with a fashion. dation. (Sexton will be one of the seven helpfulness and zeal that are both legendary In short, Sexton’s is a personality that members of the board.) He asked nothing for and unusual in the secular academy. ‘‘John couldn’t work for a standard academic man- NYU, nor did he press Arizona to use NYU as gets this quizzical, almost surprised, look on darin, someone with a brittle ego or ticklish a model. When asked, ‘‘What’s in it for his face while he’s listening to you,’’ a stu- vanity. ‘‘Being John Sexton’’ requires too NYU?’’ Sexton responded: ‘‘That’s an irrele- dent in his civil procedure course said re- much self-confidence and idealism—above all vant consideration. Generosity like Jim’s cently ‘‘as if he’s not sure he grasps all of too much ease with himself—for that. For commands the sweat equity of everyone who what you are saying—only he does. He seems only a man who knows who he is and who be- cares about legal education and the law.’’ bemused, but he isn’t. When he speaks, he lieves in his ideal will so willingly run the Rogers hasn’t given a nickel to NYU Law talks quickly and a lot, but he’s helpful.’’ A risk of being labeled ‘‘Crusader Babbitt,’’ as school, but he’s impressed with its dean. faculty colleague of Sexton’s notes, ‘‘John is a critic of Sexton recently described him. ‘‘John is generous and unself-seeking. He’s more expansive and discursive than articu- Nowhere is Sexton’s personality more, genuine in his feelings. You know he means late and concise, but he can also be dead-on let’s-say-it, profitable to NYU than in his job what he says. He isn’t hidebound like a lot of cogent when he needs to be. He’ll present all as fund-raiser. Like it or not—and no dean academics can be. Some of the deans are aspects of a subject, he’ll summarize his op- likes to admit it—fund-raising is the basis of caught up in their traditions and styles. But ponents’ viewpoints with a fairness they can- the top job. It is necessary, if not sufficient; John is unfettered, in his imagination as not reproach, but then, after all the praise in legal terminology, it’s dispositive—and it much as his personality. They’re all smart, and prefatory remarks and analysis, he’ll has been for decades. of course, but John’s inspiring, a true vision- bear in for the kill. When he gets to his Deans of professional schools hold a major ary. In his persuasiveness and energy level, point, watch out. It’s not for nothing he was trump card in raising money: they represent he’s above everyone else. You’re ready to go a national debating champ and coach when the school that graduated (read that, out and conquer the world after a meeting he was younger.’’ credentialed) the people to whom they are with him.’’ Though it is unusual for a law school dean appealing. The appeal to alumni turns first When pressed, Sexton had little to say to have a heavy teaching load (many do no and last on self-interest: helping us is help- about his role as consigliere for Arizona, teaching), Sexton teaches—and teaches. In- ing yourself. This often works, but its suc- stressing only the generosity of Rogers’ gift deed, he teaches more than many faculty cess speaks less to the talents of the fund- and the care that has gone into allocating it. who have no administrative responsibilities. seeker than it does to the motives of the po- As Judge Edwards puts it: ‘‘One of John’s This fall he is teaching three courses. ‘‘I tential donor. best traits is how self-effacing he is. He has draw energy from the students,’’ Sexton John Sexton has raised a huge amount of no desire to come between someone else and says. ‘‘Being with them reminds me why we money from NYU Law School’s graduates, the credit they deserve, or don’t deserve. But do everything else. They keep my eye on the but he has raised still more from other he himself has big ideas that benefit people, ultimate goal. The students incarnate our sources. And he has done both less by appeal- and people know it. He has galvanized them possibilities.’’ Even outside of class, Sexton ing to self-interest than by stimulating in- in their self-interest and made them care.’’ spends a huge amount of time with students. terest in and commitment to ideas, and His students congregate for casual hours in evoking collaboration in common causes and MAKING NYU LAW SCHOOL THE BEST IT CAN BE his office on Monday evenings—and the ses- projects. When Sexton took over as dean in the fall sions often run past midnight. Students may Chief Judge Edwards, a graduate of Har- of 1988, the NYU law faculty already boasted raise any topic they like, except the day’s vard says, ‘‘John adds value to his appeal be- more than a handful of men and women of lecture. Asked how he can spare so many cause he is able to convince people that they great talent and considerable achievement. hours for students and the classroom, Sexton are an integral part of NYU’s educational en- A few, such as Anthony Amsterdam, the replies, ‘‘I don’t do the usual flag carrying, terprise. He shows them how the law school criminal law scholar and renowned death July 13, 1999 CONGRESSIONAL RECORD — SENATE S8399 penalty opponent, had national reputations. the colloquia, replaced by a joint pursuit of to the impact of foreign creditors on domes- NYU’s strengths as a law school were quadri- advanced study not only of the law but— tic monetary policy. polar: traditional meat and potatoes more usually—of other disciplines as well. NYU’s faculty has long been interested in (‘‘booklarnin’ ’’) curricula, clinical (prac- There are ten colloquia ranging from tradi- international issues, and its curriculum has tical) education, a developing cadre devoted tional topics such as ‘‘Legal History,’’ ‘‘Con- reflected this. Its student body, composed of to an interdisciplinary approach and a tradi- stitutional Theory,’’ and ‘‘Tax Policy,’’ to a high proportion of foreign students, have tion of supplying legal talent to the public the less expected ‘‘Law and Society’’ and always been able to choose from array of tra- sector. In all these areas, the past decade has Law, Philosophy and Political Theory.’’ In ditional, clinical, and interdisciplinary seen the law school advance both quan- short, interdisciplinary work is not only a courses offered by scholars in public and pri- titatively and qualitatively. priority, it is central—in no small part be- vate international law, comparative law, The biggest advance has been the growth cause the law school has an unusual number international taxation and jurisprudence. of its faculty. From the beginning of his ten- of world-class scholars from disciplines other But the Global Law School initiative is ure, Sexton told all who would listen that than law—in fields ranging from economics, something different—subtler, grander, more the key to making NYU the finest law school to politics, to philosophy, to psychology, to challenging. It is not a program for the it could be would be using the faculty al- sociology. In fact, NYU Law School boasts study of international or comparative law, it ready at the school and the special notion of one of the finest philosophy ‘‘departments’’ is about bringing a global perspective to professional education articulated by the En- in the world, with Ronald Dworkin, Jurgen every aspect of the study of law, leading to terprise to attract ever more outstanding Habermas, Liam Murphy, Thomas Nagel, a new way of seeing and understanding not scholar-teachers. David Richards and Lawrence Sager all in only law, but the world. Its central premise Since then, NYU’s ability to attract bril- residence. And Jerome Bruner, viewed by is that there is value in viewing and review- liant lateral appointments has become leg- many as the father of cognitive psychology, ing law and society from new vantage points; endary. In the last decade, the school is also at the law school. the more you widen the cultural-conceptual snapped up nearly a score of celebrated The fact that Bruner is at NYU is itself a circle of discussants, the more the discussion scholars—names like Barry Adler (formerly testament to creative thinking. Over the widens, and the more likely it is that the of Virginia); Stephen Holmes (formerly of psychologist’s protests that he ‘‘knew no overall fund of good ideas will grow. Chicago); Benedict Kingsbury (formerly of law,’’ the faculty brought him to NYU in 1992 Of the four major components of the Glob- Duke); Larry Kramer (formerly of Michigan); to help the faculty and students analyze and Geoffrey Miller (formerly of Chicago); Daniel al Law School, the most important is the understand legal cognition more profoundly. Global Law Faculty, a score of leading legal Shaviro (formerly of Chicago) Michael Schill The a priori questions he studies, and which (formerly of Pennsylvania); and Richard scholars and practitioners from around the now valuably inform the general awareness world, who, though they retain their ‘‘day Stewart (formerly of Harvard). Moreover, of faculty and students not only at NYU but NYU has made a conscious decision not to jobs,’’ agree to come to Washington Square at other schools as well, include: ‘‘What does for a minimum of two months a year. The use outsized salaries to attract these top law presuppose about the function of the scholars—in other words, not to enter into Global Faculty, which supplements and com- mind? How does the human penchant for cat- plements NYU’s extraordinary American the academic equivalent of what the sports egorization affect legal thinking? How do world calls free agency. Instead, as Sexton Faculty, represents six continents and eight- lawyers listen? Does stare decisis (the een nations and boasts the names of many of puts it: ‘‘We seek to make ourselves irresist- strength of precedent) apply to all human de- ibly attractive to the people for whom we are the planet’s leading scholars: Sir John cision-making, not just legal?’’ This type of Baker, the eminent Cambridge University right. If you want the benefits of the kind of ‘‘meta’’ question is routine at NYU Law. reciprocal community the Enterprise has law historian and dean of Cambridge’s law created, and if you are willing to undertake THE GLOBAL LAW SCHOOL INITIATIVE faculty; Uprendra Baxi, vice chancellor of the obligations associated with that commu- There is another factor in the remarkable New Delhi University; Menachem Elon, re- nity, we want you, and we can offer you ex- story of NYU’s growth—a factor that has tired deputy president of the Supreme Court actly what you want.’’ both helped to attract faculty and generated of Israel; and Hisashi Owada, permanent rep- And let there be no doubt that the degree an unparalleled intellectual activity: the resentative of Japan to the United Nations, and kind of intellectual heat and light gen- willingness to take risks. A common, if often are just a few. These men and women are not erated at NYU is doubtless a draw to faculty rued, characteristic of most elite schools is ‘‘visiting professors’’ in the usual sense. and students alike. A weekly bulletin in- that they tend to be conservative, risk- They come in far greater numbers, are in forms the reader of an astonishing number of averse. As one dean candidly put it, ‘‘We residence longer, and they maintain a con- events, lectures, and meetings, usually ani- change as slowly as an aircraft carrier tinuing relationship with NYU after they mated by a vast array of eminent guests. Su- turns.’’ Such an approach is not the ap- have returned to their home countries. Most preme Court Justices are regular visitors to proach of NYU Law School. As Sexton puts return for second and third teaching and re- NYU, as are their equivalents from foreign it: ‘‘We embrace the positive doctrine of search stints at NYU. In Dorsen’s words, lands. So are leading corporate, labor, polit- original sin. If we are not to be perfect in ‘‘They are part of us, and we of them.’’ ical and cultural leaders from the United this life, we should seize our imperfection as Fifty years ago, Arthur T. Vanderbilt saw States and abroad. As one faculty member an opportunity always to improve—to follow the value of attracting students from abroad put it: ‘‘Each week, there are two or three Martin Luther’s advice to ‘sin boldly.’ ’’ This to the school, and he instituted a special pro- events here, any one of which would be the led the National Law Journal to say about gram to bring experienced foreign lawyers to major intellectual event at most other NYU in 1995: ‘‘NYU, already a powerhouse, the school for a year of study. The Global schools.’’ has become the leader in innovation among Law School initiative takes Vanderbilt’s no- A visiting professor summarized his recent elite law schools.’’ tion to a new level. Stimulated in part by a year at NYU this way: ‘‘I’ve spent time at The best example of all is NYU’s boldest $5 million gift from Rita and Gustave most of the leading law schools; simply put, gamble to date—what will turn out, incon- Hauser, NYU established what is now the none has the level of intellectual activity I trovertibly, to be the most extraordinary in- world’s premier legal scholarship program found here.’’ Another said, ‘‘Before I spent a novation of Sexton’s tenure at the law for foreign students, the Hauser Scholars semester here, I knew that NYU’s faculty school—NYU’s Global Law School Initiative. Program. (Sir Robert Jennings, immediate was among the very best in the country. In proposing the initiative six years ago, past president of the World Court, has called What I didn’t know was how much inter- Sexton and Norman Dorsen, the faculty it ‘‘the Rhodes Scholarship of Law.’’) Each action there was among the faculty and stu- member he calls the ‘‘father’’ of this ven- year, a committee chaired by the president dents. I certainly didn’t anticipate the ture, precipitated a revolution in legal edu- of the World Court chooses the finest young steady flow of the leading thinkers and play- cation. Hailed today by many as the most lawyers in the world and brings them to ers in the law. It seems that everybody who significant step since Langdell developed the NYU. This has led others to come as well, is anybody in law either is at NYU, is about case method, the initiative is predicated on and the result has been the creation of the to be at NYU, or has just been at NYU.’’ an inevitability of the next century, that the most diverse student body anywhere: This Part of the extraordinary intellectual vi- world will become smaller and increasingly academic year, there are more than 300 full- tality of NYU can be captured in a word un- interdependent. The importance of the rule time students studying at the law school familiar to an outsider—‘‘colloquia.’’ A of law as the basis of economic interdepend- who are citizens of foreign countries; they colloquium is a specific and rigorous ‘‘meta- ence and the foundation of national and come from almost three dozen countries and seminar’’ designed to engage faculty and stu- international human rights will become self- six continents. dents in demanding discourse at the most ad- evident. As governments adopt legal systems Not surprisingly, the curriculum that vanced level. Typically, a student’s formal based on the rule of law, more and more peo- flows from the Global Law School initiative classroom time in one of the ten colloquia is ple will experience political and economic goes well beyond supplementing a tradi- divided between a session of several hours justice for the first time. tional American legal education with doses devoted to grilling a leader in the field (the Taking globalization seriously means un- of comparative and international law. Mere ‘‘guest’’ participant) and an independent derstanding that there are no significant supplementation would only reinforce the seminar session devoted to student work re- legal or social problems today that are pure- notion that foreign law is something periph- lated to the week’s topic. The distinction be- ly domestic—from labor standards and eral, lurking on the outskirts of what a tween teacher and student often dissolves in NAFTA to intellectual property and trade, ‘‘good American lawyer’’ needs to know to S8400 CONGRESSIONAL RECORD — SENATE July 13, 1999 ply his trade. Instead, NYU has forged a ped- and the social, ethnic, racial, and national the law school: to bring the global initiative agogy and curriculum that give every stu- backgrounds of its students and teachers, to full fruition, to develop a curriculum for dent a deeper understanding of the global di- but also in the teaching styles and scholarly the 21st century that ‘‘addresses a broader mension of the life of a modern lawyer. traditions, educational activities, programs, range of the cognitive talents we in the law Members of the Global Faculty teach a wide institutes, and opportunities; and, far from use in working with the law,’’ to build the array of courses, including ‘‘basic’’ courses least, the array of legal and public vocations finest center in the world for research and like dispute resolution, property or tax law, elected by graduates, far from all of whom go teaching about law in order to ensure that bringing new and critical thinking to fields into corporate law. law and lawyers are used to make our world that have long needed them. As to ‘‘heart,’’ this is ‘‘not a simple con- better. The foreign students, too, bring different cept,’’ Dorsen concedes, for all that it is ab- And—another bold idea—to make NYU tui- and important perspectives. As one Amer- solutely pivotal. ‘‘Heart’’ is what it all rests tion free. This last dream, especially close to ican professor told me: ‘‘I was teaching Roe on and serves—reputation, quality, prestige, his heart these days, would be funded partly v. Wade (the abortion case) as usual when a success. It refers to judgement, morality, by building the law school’s endowment so female Chinese student asked me to use Jus- higher goals, and to the sense of community that it generates more income and partly by tice Blackmun’s decision to assess her gov- that comes with being united in a common a structured plan that will see NYU grad- ernment’s policy which had required her to pursuit. ‘‘Heart’’ is a fragile thing, ‘‘con- uates who go into corporate law contributing have an abortion. An American student stantly at risk’’ in a world where ‘‘intense back to the law school the tuition they never preoccupation’’ with individual pursuits eas- never would have asked that wonderful ques- had to pay when they were law students. As ily drives out concern for public welfare and tion.’’ president of the Association of American community values. The Global School initiative has led NYU Law Schools—legal education’s oldest and If you press members of the NYU Law to create a broad range of inter-university most distinguished collectivity—Sexton was School on this topic, ‘‘heart’’ (or some simi- remorseless in advocating his idea that prac- agreements, institutes and centers designed lar word or phrase) is what they answer to ticing lawyers should contribute 1% of their to advance the global perspective. And the the questions of why they love the place and income over $50,000 to the law school from school’s success with the program has gen- why it has fared so well. The challenge, be- which they graduated. ‘‘It is imperative,’’ erated conferences, forums and special yond attracting faculty stars, the best stu- Sexton says, ‘‘to reduce the enormous debt events that have brought the world to NYU— dents and terrific administrators, is to cre- and NYU to the world’s attention. So, for ex- ate an environment that is not only intellec- our graduates incur to pay for their edu- ample, a conference on the enforcement abil- tually fulfilling but also socially congenial cation.’’ (It is not unusual for a student to ity in domestic courts of judgments rendered and inspiring to everyone. This is perhaps graduate with $120,000 in law-school-related by the array of new international tribunals Sexton’s most important contribution to debt.) He continues: ‘‘If we do not reduce brought three U.S. Supreme Court justices NYU. With him as its catalytic stimulus, the their debt, they will be forced to choose in- to NYU, where they spent three days in con- law school has moved from the ‘‘independent come over service.’’ versation with counterparts from around the contractor’’ model of an academic institu- Where did all these ideas come from? When world—using a set of papers prepared and tion—with its competition and fac- asked, Sexton will remind you of Arthur presented by students as springboards for tionalism—to being what the dean, with his Vanderbilt’s hopes, of the dreams of ‘‘the En- discussion. A conference on constitutional Jesuit education, loves to call ‘‘a terprise,’’ and of Dorsen’s expansive notion adjudication attracted U.S. Supreme Court communitas’’ of mutual collaboration and of ‘‘heart.’’ But, too, he speaks of ‘‘the Justices to Washington Square for four days commitment. Tocquevillian ideal of the law,’’ infusing that of talks with twelve justices from the Con- As I looked at NYU Law 18 months after ideal with his own insights, as he did in a re- stitutional Courts of Germany, Italy, and the publication of his profile of its dean, I cent ‘‘President’s column’’ in the newsletter Russia. again asked James Traub the question the of the Association of American Law Schools: And then there was last fall’s day-long New York Times had asked in the headline ‘‘From the beginning America has been a forum, ‘‘Strengthening Democracy in the to his piece: ‘‘Is NYU’s law school chal- society based on law and forged by lawyers; Global Economy: An Opening Dialogue.’’ lenging Harvard’s as the nation’s best?’’ He for us, the law has been the great arbiter and There never had been an event like it at any replied: ‘‘Where NYU might beat even Har- the principal means by which we have been university. The cast of participants was vard or Yale is as a place to be. NYU is ahead able to knit one nation out of a people whose overwhelming. In a room packed with NYU’s of everybody as a happy place. Law profes- dominant characteristic always has been our faculty and students, and before a world wide sors are notoriously critical and skeptical. diversity. Just as the law has been the means television and media audience (Ten networks They have trouble feeling part of any insti- for founding, defining, preserving, reforming were present and 350 journalists were tution. You can feel the unease and the dis- and democratizing a united America, Amer- credentialed), leaders grappled in genuine array at many of the best law schools in the ica’s lawyers have been charged with setting conversation with the need for new political country, but not at NYU.’’ the nation’s values. Unlike other countries, and economic answers in a globalized world. As Richard Revesz, one of NYU’s brightest America has no unifying religion or eth- When the capstone panel of the day (a two- young stars, says: ‘‘The possibilities in this nicity; our principle of unification is law.’’ place come together remarkably, combining hour reflection on the earlier discussions Lest this be heard as after-dinner boiler individual freedom with the dean’s sense of moderated by Dean Sexton and featuring the plate, or, worse, an attempt to promote self- community. We have a pluralistic, not a ho- four heads of state) concluded with a look satisfaction in his audience, Sexton is quick mogeneous, community at NYU.’’ His col- forward to the continuation of the dialogue to point to the historical irony that the league, Stephen Holmes, a leading political under the auspices of the law school, it was American Constitution is becoming a model theorist, formerly of the University of Chi- clear that NYU Law had become the venue for nations that have never known the rule cago, puts it a little differently: ‘‘There is a for a global conversation about law. of law, precisely at a time ‘‘when we in poisonousness in academic life, and a degree Successfully incorporating what Dorsen America are becoming more humble about of backbiting and professorial whining that calls ‘‘the inevitable but only faintly under- how much we don’t know, how much we are absent here. John’s genius is creating op- stood globalization of law’’ is obviously a haven’t managed to get right.’’ portunities for the faculty that take the Sexton’s high-minded idealism, some have long-term proposition. So also is effecting edge of this tendency. He can take energies noted, is suffused and informed by an Irish- the transformation of perspective that will that can easily turn into mutual recrimina- Catholic religiousness lurking just below the change legal education. And everyone at tion, energies that have done so in other surface of his energy, as between the words NYU acknowledges that the Global Law places, and manage to make them produc- of all his speeches. It often leads him to School initiative faces challenges that will tive. NYU is the least bitter institution I’ve enunciate strange definitions in the tin ears not be met easily—for instance, the dif- worked at. There’s a mutuality and purpos- of a secular age. ‘‘Legal research,’’ in the ficulty of truly integrating foreign and iveness here. The administration makes it Sextonian reading, becomes ‘‘serious think- American law students and faculty, day to possible for each of us to do his or her best ing about the ‘ought’ of the law, not the par- day. Still, as First Lady Hillary Rodham work without obsessing over our neighbor’s ody evoked by the phrase ‘yet another law Clinton put it, it is now clear that ‘‘NYU advantage. No one seems to get a stomach- review article.’ ’’ Where most are content to Law School has arrived at a place where the ache here because someone else is doing speak of law as a profession, Sexton lovingly rest of legal education will strive to be five well.’’ dubs it ‘‘a vocation, a deep calling, that gov- or ten years from now.’’ When asked if that is due to a sense of erns or ought to govern our professional A COMMUNITY WITH HEART ... community, Holmes says he doesn’t espe- lives.’’ When you ask Dorsen what he believes ‘‘ex- cially like that word, but he affirms that It is in this elucidation of ideals and the cellence’’ in legal education is all about, the ‘‘discussion at the law school mainly goes moral exhortation with which they are Stokes professor is quick to explain that, for on, as in the colloquia, in a public setting. pressed home that Sexton is most himself. him, it goes well beyond intellectual quality This is a very public-minded institution. It The single-mindedness of his dedication to and attainment. The two additional factors isn’t dominated by the corridor setting and his cause permits him more leeway than oth- Dorsen deems necessary—‘‘and which have the gossip that that setting usually creates.’’ ers allow themselves. As Chief Judge Harry epitomized NYU Law School for me’’—are . . . and a dean with soul Edwards puts it, ‘‘People with true values ‘‘variety and heart.’’ ‘‘Variety’’ of course re- At the drop of a very small pin, Sexton will and beliefs have a big head start in any con- fers to NYU’s diversity, not only in gender expand warmly upon his current plans for versation.’’ The school’s former Board chair, July 13, 1999 CONGRESSIONAL RECORD — SENATE S8401 Martin Lipton, who recently became chair of spire others. Hopefully it will be a com- death, ‘‘The anonymity typical of edi- the university’s Board, adds, ‘‘Anyone who fort to the family and friends she torial pages could not disguise the knows or works with John soon realizes that leaves behind to know that her efforts hand of Meg Greenfield. As a writer her he is a man not only of vision but of com- to better the community will be felt work was often instantly plexity, a man whose drive toward meaning is not encompassed or summed up by the for years to come. On behalf of myself recognizable . . . for its felicity and standard references of the academic market- and my colleagues, we offer our deepest stateliness and not least for its wry place: prestige, rankings, or VIPs.’’ condolences to Lillian’s loved ones, and and mischievous humor. As an editor A friend of the Sexton family, the writer express our gratitude for all she con- she imprinted her special blend of a and literary scholar Peter Pitzele, recalling tributed to Pendleton County, the wise skepticism and a reach for the John’s original vocation as a professor of re- State of Kentucky, and to our great public good on a long generation of ligion, puts it another way: ‘‘I would set Nation.∑ Post editorials.’’ In this tribute, they John in the historic context of Americans f describe not only her as the consum- who have worked to create an institution—a corporate body—that in some strange way is, TRIBUTE TO MEG GREENFIELD mate professional, but as the wonderful and caring woman that she was. or seeks to be, sanctified. I think it is this Ms. MIKULSKI. Mr. President, I rise drive to sacralize that really animates what ∑ Meg Greenfield will be dearly missed John is doing.’’ He adds, ‘‘Though genius and today to reflect on the passing of a in the many circles of Washington life. genial are etymologically related, in life truly remarkable woman: Washington Her spirit and legacy will inspire us for they rarely are. It seems to me that—rare Post Editorial Page Editor Meg Green- years to come.∑ though the combination is—John is both.’’ field. A tough, tenacious and trail- f Another friend of Sexton’s, and his col- blazing woman, Ms. Greenfield had a league to boot, Richard Revesz recalls one of sharp intellect, a vibrant sense of FREEMEN PROSECUTION AWARD the biggest bestsellers of the early 1980s, a humor, and a keen political instinct. ∑ Mr. BURNS. Mr. President, I am novel written by a professor of his at Prince- Meg Greenfield was at the center of ton. In The Vicar of Christ, Walter Murphy pleased to come to the floor to honor a many of Washington’s intellectual, cul- Department of Justice team that is re- tells the story of an American law school tural and political developments in the dean who ends up as Pope. Notes Revesz, ceiving the top prosecution award with a smile, ‘‘Every time John starts out a past three decades. Her fiercely inde- today at Constitution Hall. This team conversation saying to me, ‘Let me be your pendent eye for news gave her the abil- of 12 prosecutors and investigators was pastor, Ricky, tell me what’s on your mind,’ ity to cultivate relationships with indi- faced with the challenging task of I think to myself of Murphy’s novel and I viduals from every political, cultural bringing LeRoy Schweitzer, Richard wonder . . .’’∑ and economic background. Her insight- Clark, Daniel Petersen, Rodney f ful portraits of life in our nation’s cap- Skurdal, Dale Jacobi, Russell Landers, ital were profound and memorable. and others, known as the ‘‘Freemen,’’ TRIBUTE TO LILLIAN A. HART Ms. Greenfield forever changed the to justice. ∑ Mr. MCCONNELL. Mr. President, I access and acceptance women have in As you may remember, the Montana rise today to pay tribute to the late the field of journalism. She astutely Freemen were a group of individuals Lillian A. Hart, a committed public examined tough issues such as global who refused to recognize any authority servant and devoted wife, mother and disarmament and international affairs by U.S. officials. Instead, they created grandmother, who bravely battled can- which were traditionally seen as their own ‘‘republic’’ and court system. cer in the last several months of her ‘‘male’’ issues. She commanded respect After warrants were prepared for mul- life. and demanded fairness and impar- tiple counts of fraud, armed robbery, tiality from her staff. Lillian has made it easy for us to re- and firearms violations, they holed up In 1978, Ms. Greenfield moved the member her—she has left behind an im- on their ranch for 81 days in a tense pressive list of accomplishments that world with her commentary on issues of international affairs, civil rights and standoff. The team recognized today most people only hope to achieve in the press. For her efforts she claimed were critical in preparing the warrants, their lifetime. Lillian was a leader in the much coveted Pulitzer Prize for negotiating the peaceful resolution of the community and a role model for editorial writing. One year later, she the standoff, and convicting twenty- many women. She was a pioneer, ex- moved into the post of Editor for the one members of the group. In addition, ploring occupations and civic positions Washington Post editorial page. A re- this team worked with many other women had never held before. sponsibility she undertook with dig- prosecution teams to prepare and Lillian was the first woman to be the nity, grace, a keen wit and what she present related cases in over thirty fed- state executive director of the Agricul- would call ‘‘the sensibility of 1950s lib- eral districts. tural Stabilization and Conservation erals—conservative on foreign policy It makes me especially proud that Service in Kentucky, her most recent and national defense, but liberal on so- there were seven Montanans among the public position. Lillian served Ken- cial issues’’ for over 20 years. group being recognized. They are As- tucky in this capacity from 1981 to For these and many other reasons I sistant U.S. Attorney James Seykora, 1989, and received a national award in admired Meg Greenfield and her vastly Paralegal Specialist Deborah Boyle, 1987, for her work on behalf of farmers important work. She also played a crit- IRS Special Agents Michael Mayott and all Kentuckians. ical role in my own career. When I ran and Loretta Rodriquez, FBI Senior Before Lillian became state execu- for the United States Senate, I met Resident Agent Daniel Vierthaler, FBI tive director, she was also the first with the Washington Post editorial Special Agent Randall Jackson, and woman to be appointed a district direc- board, and I had heard about the tough, Montana Department of Justice Agent tor of the Agricultural Stabilization no-nonsense Meg Greenfield. I was very Bryan Costigan. I also appreciate the and Conservation Service. She served impressed with her, and she believed in contribution of Robertson Park, 19 Northern Kentucky counties as dis- me and my ideas for Maryland. George Toscas, David Kris, Tommie trict director for 12 years, including in The endorsement I received from the Canady, and Timothy Healy as award her home county of Pendleton. Washington Post in the 1986 Demo- winners contributing from agencies Lillian was active in her community, cratic primary was a turning point in outside of the state. I also think it’s once serving as president of the Pen- the campaign. I was running against only appropriate to recognize the in- dleton County Republican Women’s two very good friends of mine: the ter- vestigation and prosecution leader, Club and being chosen as a delegate to rific Congressman from Montgomery Montana U.S. Attorney Sherry the Republican National Convention. County, Mike Barnes, and Maryland’s Matteucci. Although this entire pros- She also founded a chapter of Habitat Governor Harry Hughes. The con- ecution effort fell under her responsi- for Humanity in Pendleton County, fidence and support I received from bility, as a political appointee, she is and was a member of the Kincaid Re- Meg Greenfield and the Post editorial not eligible for this award. gional Theatre board of directors. board gave me pride and momentum, The Attorney General’s Award for I am certain that the legacy of excel- and helped lead me to victory. Exceptional Service is given once each lence that Lillian Hart has left will Meg Greenfield’s colleagues at the year, with the decision based upon the continue on, and will encourage and in- editorial page wrote the day after her following: performance of a special S8402 CONGRESSIONAL RECORD — SENATE July 13, 1999 service in the public interest that is Bea has what it takes to help people day. Thanks to South Carolina peach over and above the normal require- get their due from their government. farmers, those of us here in Wash- ments and of an outstanding and dis- She is kind, considerate, generous, and ington will be able to cool off from the tinctive character in terms of im- above all patient. I cannot overstate summer heat with delicious South proved operations, public under- how she always listens carefully, al- Carolina peaches. standing of the department’s mission, ways acts diligently, always goes the For a relatively small state, South or accomplishment of one of the major extra mile to take care of constituents’ Carolina is second in the nation in goals of the department, exceptionally needs. She is incomparable and irre- peach production. In fact, this year outstanding contributions to the De- pressible. She will also be irreplace- farmers across South Carolina planted partment of Justice or exceptionally able. more than 16,000 acres of peaches. As outstanding leadership in the adminis- Mr. President, by serving the people my colleagues can attest, these are tration of major programs that re- of California so well, Beatriz Rogalski some of the finest peaches produced sulted in highly successful accomplish- has brought honor on this institution anywhere in the United States. ments to meet unique or emergency and the United States Government. I As we savor the taste of these South situations, or extraordinary courage hope you will join me in thanking her Carolina peaches, we should remember and voluntary risk of life in performing and sending best wishes to her, her hus- the work and labor that goes into pro- an act resulting in direct benefits to band Hans Rogalski, and their son ducing such a delicious fruit. While the department or nation. From where Hans, Jr.∑ Americans enjoy peaches for appe- I sit, this team has met or exceeded all f tizers, entrees, and desserts, most do of these high standards during the not stop to consider where they come course of the investigation. Few other TRIBUTE TO HITCHINER from. Farmers will be laboring all sum- prosecutions have received the exter- MANUFACTURING COMPANY mer in the heat and humidity to bring nal scrutiny in the press, Justice man- ∑ Mr. SMITH of New Hampshire. Mr. us what we call the ‘‘perfect candy.’’ agement, and the public eye as did the President I rise today to pay tribute to What else curbs a sweet tooth—is deli- Freemen prosecution. A terrific Hitchiner Manufacturing Co., Inc. for cious, nutritious, and satisfying, but amount of juggling priorities and con- receiving Business NH Magazine’s 1999 not fattening? The truth is, Mr. Presi- cerns was necessary to pull off a peace- Business of the Year Award. dent, that our farmers are too often ful resolution of this crisis. Their con- Since the company moved to Milford, the forgotten workers in our country. viction record on this case was solid, New Hampshire in 1951, Hitchiner has Through their dedication and commit- and will likely be the model from any been extremely active within the com- ment, our nation is able to enjoy a similar situations in the future. munity. Hitchiner supports the com- wonderful selection of fresh fruit, vege- So, it gives me great pleasure to munity through contributions to the tables, and other foods. In fact, our ag- bring our attention to this team’s suc- arts, education, and community wel- ricultural system, at times, is the envy cess, and I add my thanks for a job well fare. Specifically, they offer much- of the world. done. We wish them nothing but con- needed dollars to local and state non- Mr. President, as Senators and their tinued success as they move on to profits and they make time available staff feast on these delicious peaches, I other jobs within their home agencies. for their employees to participate in hope they will remember the people in Again, congratulations on this great, community affairs. Hitchiner Presi- South Carolina who made this endeav- or possible: David Winkles and the en- well-deserved honor.∑ dent/CEO, John Morison III, believes tire South Carolina Farm Bureau; and f when employees work in the commu- the South Carolina Peach Council. nity their experiences will translate BEATRIZ RIVAS ROGALSKI They have all worked extremely hard into a positive experience for the com- ∑ Mrs. BOXER. Mr. President, I rise to to ensure that the Senate gets a taste pany as a whole. salute my Deputy Chief of Staff, of South Carolina. Beatriz (Bea) Rivas Rogalski, on the In addition to being involved in com- I hope everyone in our Nation’s Cap- occasion of her upcoming retirement munity affairs, Hitchiner Manufac- itol will be smiling as they enjoy the turing is a leader in technology. The after 25 years of distinguished service pleasure of South Carolina peaches.∑ company is an international player for to the people of the United States. As f director of casework in my House and investment castings for customers such Senate offices for more than 16 years, as General Motors, BMW and General TRIBUTE TO TOM RECHTIN, SR. she has helped literally thousands of Electric. Hitchiner will soon acquire ∑ Mr. MCCONNELL. Mr. President, I Californians get the timely assistance their tenth patent, thereby estab- rise today to honor a fine Kentucky they need from their federal govern- lishing themselves as the leader in businessman, Tom Rechtin, Sr., Presi- ment. As Deputy Chief of Staff, she is metallurgical advances. dent of Tom Rechtin Heating, Air Con- beloved by staff members and constitu- Hitchiner’s profit sharing philosophy ditioning and Electric Company. ents alike. has helped create a spirit of team work Tom was recently named ‘‘1999 Out- Bea began her public service as I did, among its employees. President standing Business Person’’ by the in the office of then-Congressman John Morison believes that by sharing the Northern Kentucky Chamber of Com- Burton. In 1974, Bea Rivas was a recent profits and risks, of working as a team, merce for his community leadership immigrant from El Salvador. While the company will be better equipped to and 35 years of education advocacy. working at Macy’s department store in stay on the cutting edge of tech- The honor was given as part of the A.D. San Francisco, she took a second part- nology—this is the key to future suc- Albright awards program, which is time job to help support her mother. cess. named for Northern Kentucky Univer- Bea went to work in John Burton’s Mr. President, I salute Hitchiner sity’s president emeritus, who was campaign office on a temporary basis Manufacturing Company, Inc. and com- known for encouraging educational ex- as a key-punch operator. Given a six- mend their president, John Morison, cellence in the region. month project, Bea completed it in two for his innovative ideas and spirit of The Albright Award recognizes Tom’s months. Following the election, she community. It is an honor to represent commitment to supporting and encour- went to work as a staff assistant in them in the United States Senate.∑ aging educational activities in the Congressman Burton’s district office, f workplace and in the community. His answering phones and tracking bills. own company serves as a model for his Her diligence and demeanor quickly SOUTH CAROLINA PEACHES philosophy, as his employees attend impressed her supervisors, who pro- ∑ Mr. HOLLINGS. Mr. President, I rise and participate in numerous classes moted her to case worker. today to recognize South Carolina’s and seminars he facilitates. Tom It was a perfect fit. She quickly peach farmers for their hard work and Rechtin’s company also employs stu- learned the most arcane workings of their delicious peaches. dent interns who are seeking certifi- government and did her utmost to help My staff has been delivering South cation. constituents negotiate the shoals of Carolina peaches to offices throughout Tom was also recently named the bureaucracy. the Senate and the U.S. Capitol all ‘‘1998 National Contractor of the Year’’ July 13, 1999 CONGRESSIONAL RECORD — SENATE S8403 by the National Association of Plumb- and businesses to share knowledge and de- Appalachian region’s oral and musical ing, Heating and Cooling Contractors, velop practical curriculums for students en- traditions. And they did it all without and ‘‘Kentucky Contractor of the tering the workforce. government handouts or mandates Outside of his work with education and his Year’’ by the Kentucky Association of company, he is a member of the Chamber of from Washington. Their message, set Plumbing, Heating and Cooling Con- Commerce’s Workforce Readiness Council, a to the sound of bluegrass music: we are tractors. Master with the Boy Scouts of America, an willing to work; we are willing to lead. Tom began working in the industry athletic sponsor with the Bellevue Vets, a I think the song, written by a local after high school and, over the years, member of the Bellevue Renewal Committee storyteller and sung by all the Tri-Cit- moved through the ranks from an and a council member of Sacred Heart ies delegates, says it all: Catholic Church. entry-level position to eventually own- If you call, we will answer; The Chamber of Commerce is the largest ing his own company. Today, Tom is If you need us, we will come. volunteer business organization in Northern We’ll lend a hand—there’s strength in num- one of the most well-known and well- Kentucky. It works to encourage and pro- bers; respected businessmen in the state, mote economic well being, quality growth If we work together, we can get it done. with over 12,000 customers in Northern and community development for both North- Kentucky, Eastern Indiana, and South- ern Kentucky and the region.∑ Mr. President, on behalf of all the ern Ohio. f people of Tennessee, and all Americans Tom is a three-time appointee by the everywhere, I congratulate the citizens Governor to the Kentucky HVAC Li- TRI-CITIES, TN–VA: 1999 RECIPIENT of Tri-Cities, Tennessee-Virginia for censing Board, which oversees the li- OF THE ALL-AMERICA CITY their accomplishment. Not only they, censing and continuing education pro- AWARD but all of us, are winners because of grams for the state’s HVAC journey- ∑ Mr. FRIST. Mr. President, when our their efforts.∑ men and Master License holders. He Founding Fathers began their fight for has been an example to board members our Nation’s independence, they had a f and the entire industry by imple- vision of what America would be like. menting his own rigorous employee They saw a free and self-reliant people, CLEVELAND SCHOLARSHIP AND training programs. His leadership and ruled by State and local governments, TUTORING PROGRAM success in the field is one of the rea- who took responsibility for their own sons Tom has been named Vice Presi- welfare and progress, and cared for ∑ Mr. VOINOVICH. Mr. President, dent of the Kentucky HVAC Licensing themselves and for others in their own today I rise to recognize the achieve- Board. communities. ments of the Cleveland Scholarship and My colleagues and I congratulate When Alexis de Tocqueville came to Tutoring Program. Now in its third you, Tom, on your recent accomplish- America almost a century later, that is school year, this program, which is one ments and commend your many years what he saw. He later wrote that, In of only two school choice experiments of service to Northern Kentucky’s busi- America, when a citizen saw a problem in the country, continues to offer hope ness community. Best wishes for many that needed solving, he would cross the and promise to nearly 3,700 inner city years of continued success. street and discuss it with a neighbor, children and their parents by making Mr. President, I ask that the fol- together the neighbors would form a private schools, including religious lowing Campbell County Recorder arti- committee, and before long the prob- schools, affordable. I have been a long- cle from June 17, 1999, be printed in the lem would be solved. ‘‘You may not be- time supporter of the Scholarship Pro- RECORD. lieve this,’’ he said, ‘‘but not a single gram, as well as the school choice con- The article follows: bureaucrat would ever have been in- cept in general. Believing that com- [From the Campbell County Recorder, June volved.’’ petition fosters improvement, I made 17, 1999] While today our citizens are increas- the implementation of this pilot school CHAMBER ANNOUNCES ALBRIGHT WINNERS ingly ruled, not by local governments, scholarship plan one of my education TOM RECHTIN but by Washington, the essence of what reform priorities by signing a 2-year This year’s Outstanding Business Person it means to be an American has not budget package that included $5 mil- recipient, Tom Rechtin, has been a commu- changed: We are a people willing to lion for the introduction of the pro- nity leader, role model and an advocate for lend a hand, lift a spirit, and work to- gram in 1995. education for more than 35 years. Rechtin gether to make our land a better place. The Cleveland Scholarship Program has used his personal and professional expe- For 50 years, the All-America City is the first of its kind in the country rience, knowledge and ability to include oth- Awards have designated—from among that offers state-funded scholarships ers to advance the educational system and consequently the economy in Northern Ken- all the cities in America—10 commu- for use at both secular and religious tucky. nities that have carried on this time- private schools, giving low-income stu- This recipient of the Albright Award en- honored tradition and kept the spirit of dents access to an otherwise unattain- courages employees to attend certification America alive. And I’m proud to say able private school education in Cleve- classes, participate in seminars and get in- that among this year’s winners is Tri- land, where schools graduate a mere 36 volved in company educational programs. He Cities, TN–VA, a place our founding fa- percent of its high school seniors. In provides tuition assistance for employees thers would recognize as a fulfillment September of 1996, during it’s first and currently employs four student interns school year, the program provided who are seeking certification. of their vision of what a free people, He supports education within his company living and working together, can ac- scholarships to approximately 1,855 and is an educational advocate in the com- complish. students for the public, private, or reli- munity. Coupled with Cincinnati Public Among the criteria by which all par- gious school of their choice. Recent Schools, he helped found the first appren- ticipants were judged were citizen in- growth of the program’s budget en- ticeship and continuing education program volvement, effective government per- abled the parents of nearly 3,700 stu- in the Tristate. Along with the Northern formance, philanthropic and volunteer dents to use vouchers to enroll in 59 Kentucky Home Builders Association, he resources, a strong capacity for co- participating area schools during the helped develop the first heating and cooling apprenticeship program in Northern Ken- operation, and community vision and 1998–1999 school year. tucky, and as chairman of the apprenticeship pride. And, Tri-Cities—the first-ever Two separate studies by Harvard Uni- committee, he continues to develop new pro- region to be so honored by this award— versity on the Cleveland Scholarship grams and lead efforts to fund the program. possesses those qualities in spades. Program found parents of voucher re- Further, Rechtin is a member of the Ken- Included in the presentation which cipients were more satisfied with many tucky State Licensing Board, serves on a tipped the judges’ decision in their aspects of their school than were par- Citizens Task Force aimed at evaluating and favor were their efforts to involve ents of students in Cleveland public improving Bellevue Schools, and founded youth in the decision-making process; schools. That satisfaction included the SMART TECH—a class that is offered at NKU annually to journeymen to meet state improve health care in isolated com- school’s academic program, school licensing requirements. Most recently, he munities and create an interest in safety, school discipline, teacher skills, sought to carry out a federal School-To- rural medicine among future physi- the teaching of moral values, and class Work federal initiative promoting schools cians; and celebrate and preserve the size. A separate study found that test S8404 CONGRESSIONAL RECORD — SENATE July 13, 1999 score results in mathematics and read- he enlisted in the Navy Reserve in 1961. I ask that an article and narrative on ing show substantial gains for Cleve- He graduated from Southeastern State Rear Admiral Vincent be printed in the land Scholarship Program students at- College, Durant, Oklahoma, in 1965 and RECORD. tending the Hope schools, two non-sec- received his commission as a Ensign in The article and narrative follows: tarian schools which were created in the Navy Supply Corps that same year. REAR ADMIRAL LEONARD VINCENT—COM- response to the establishment of the In 1976 he receive his Masters in Busi- MANDANT, DEFENSE SYSTEMS MANAGEMENT program. Additionally, parents of ness Administration from George COLLEGE voucher recipients reported lower lev- Washington University. Rear Admiral Leonard ‘‘Lenn’’ Vincent be- els of disruption in their child’s A distinguished professional, Admiral came the Commandant Defense Systems school—including fighting, racial con- Vincent currently commands the De- Management College (DSMC), Fort Belvoir, flict, and vandalism. fense Systems Management College Virginia, in January 1998. The College is a The results of these studies further (DSMC). As the Commandant of DSMC, graduate-level institution that promotes sound systems-management principles by underscore the success of this program. he has been a leader of change agents for acquisition reform. And he has the acquisition workforce through edu- Time and again, data and surveys from cation, research, consulting, and information the state have confirmed the Cleveland brought a wealth of acquisition, logis- dissemination. Scholarship Program meets the one tics, and contract management experi- Admiral Vincent entered the Naval Re- true test of any taxpayer-supported ence to the vital task of training our serve program as a sea-man recruit in Octo- program—it works. Although the pro- nation’s Department of Defense Acqui- ber 1961. Upon graduation from Southeastern gram is not without its critics, I be- sition Workforce. State Teachers College in Oklahoma, he re- lieve the best way to put these criti- Afloat he has served as the Supply ceived a commission in July 1965 from the Officer of an amphibious ship, the USS Officers Candidate School, Newport, Rhode cisms to rest is to continue dem- Island, as an ensign in the Supply Corps, U.S. onstrating the program’s effectiveness Pensacola (LSD 38) and the Supply Offi- cer of a submarine tender, the USS Navy. in Cleveland as we continue to look be- Since returning to the Navy in 1970, RADM Dixon (AS 37). yond the conventional and pursue cre- Vincent’s wide variety of afloat and shore- Ashore his assignments have in- ative and imaginative approaches to based assignments have provided him exten- cluded duty as Supply Officer with education. sive contracting, contract management, and Naval Special Warfare Group and with I applaud the achievements of the logistics experience. Naval Inshore Warfare Command, At- Cleveland Scholarship Program and its Afloat he has served as the Supply Officer lantic, both in Little Creek, Virginia. of an amphibious ship, the USS PENSACOLA contributions to the education of our His varied acquisition assignments (LSD 38) and the Supply Officer of a sub- children, and am proud to say that my include Director of Contracts, Naval marine tender, the USS DIXON (AS 37). hometown serves as a model for the Supply Center, Puget Sound; Con- Ashore his assignments have included duty rest of the Nation.∑ tracting Officer for the Supervisor, as Supply Officer with Naval Special Warfare f Shipbuilding and Repair, Bath, Maine; Group and with Naval Inshore Warfare Com- mand, Atlantic, both in Little Creek, Vir- TRIBUTE TO CHRISTOPHER R. Director of the Combat Systems de- ginia. He attended the Armed Forces Staff ROVZAR ON BEING NAMED PRES- partment and Director of the Contracts College, Norfolk, Virginia; and then in Wash- IDENTIAL SCHOLAR department at the Navy’s inventory ington, D.C., he earned a Masters in Business control point, Mechanicsburg, Pennsyl- Administration from George Washington Mr. SMITH of New Hampshire. Mr. ∑ vania; Assistant Commander for Con- University. President, I rise today to honor Chris- tracts, Naval Air Systems Command; His varied acquisition assignments include topher R. Rovzar, of Exeter, New Deputy Director for Acquisition for the Director of Contracts, Naval Supply Center, Hampshire, for being selected as a 1999 Defense Logistics Agency; and prior to Puget Sound; Contracting Officer for the Su- Presidential Scholar by the U.S. Sec- his current assignment, RADM Vincent pervisor, Shipbuilding and Repair, Bath, retary of Education. Maine; Director of the Combat Systems de- was the Deputy Chief of Staff for Lo- partment and Director of the Contracts de- Of the over 2.5 million graduating gistics, Fleet Supply and Ordnance, Pa- seniors nationwide, Christopher is one partment at the Navy’s inventory control cific Fleet. point, Mechanicsburg, Pennsylvania; Assist- of only 141 seniors to receive this dis- In addition to his current assign- ant Commander for Contracts, Naval Air tinction for academics. This impressive ment, his command tours have in- Systems Command; Deputy Director for Ac- young man is well-deserving of the cluded Commander, Defense Contract quisition for the Defense Logistics Agency; title of Presidential Scholar. I wish to Administration Services Region, Los and prior to his current assignment, RADM commend Christopher for his out- Angeles, California; Commander, De- Vincent was the Deputy Chief of Staff for standing achievement. fense Contract Management Command Logistics, Fleet Supply and Ordnance, Pa- As a student at Phillips Exeter Acad- cific Fleet. International, Dayton, Ohio; and Com- In addition to his current assignment as emy in New Hampshire, Christopher mander, Contract Management Com- has served as a role model for his peers Commandant, DSMC, his command tours mand, Washington, D.C. have included Commander, Defense Contract through his commitment to excellence. Throughout his career Admiral Vin- Administration Services Region, Los Ange- Christopher’s determination promises cent has displayed exemplary perform- les, Contract Administration Services Re- to guide him in the future. ance of duty, extraordinary initiative gion, Los Angeles, California; Commander, It is certain that Christopher will and leadership, keen judgment, and Defense Contract Management Command continue to excel in his future endeav- dedication to the highest principles of International, Dayton, Ohio; and Com- ors. I wish to offer my most sincere devotion to his country. He leaves the mander, Contract Management Command, congratulations and best wishes to military and the acquisition commu- Washington, D.C. Christopher. His achievements are His military decorations include the De- nity better by having served them. His fense Superior Service Medal with gold star, truly remarkable. It is an honor to rep- contributions will have lasting con- Legion of Merit with gold star, Defense Meri- resent him in the United States Sen- sequence. torious Service Medal, Meritorious Service ate.∑ Mr. President, Leonard Vincent, his Medal with three gold stars, Navy Com- f wife Shirley and their three children, mendation Medal, and Navy Achievement Lori, Tiffany and Stephen have made Medal. IN RECOGNITION OF REAR ADMI- many sacrifices during his 32 year RAL LEONARD VINCENT, SUPPLY Navy career. A man of his leadership, NARRATIVE CORPS, U.S. NAVY enthusiasm and integrity is rare and Rear Admiral Vincent distinguished him- ∑ Mr. INHOFE. Mr. President, I recog- while his honorable service will be self by exceptionally outstanding achieve- nize and honor Rear Admiral Leonard genuinely missed, it gives me great ment throughout thirty two years of service Vincent, U.S. Navy as he retires upon pleasure today to recognize him before culminating in his distinguished perform- completion of 32 years of service to the ance as Commandant of the Defense Systems my colleagues and wish to him ‘‘Fair Management College (DSMC) from 30 Decem- Navy, The Department of Defense and Winds and Following Seas’’ as he ber 1997 to 31 July 1999. the Nation. brings to a close a long and distin- Admiral Vincent exhibited extensive Born in Tulsa, Oklahoma, a graduate guished career in the United States knowledge, technical competence, tireless of McAlester High School, Oklahoma Naval Service. energy, imagination, and superb leadership. July 13, 1999 CONGRESSIONAL RECORD — SENATE S8405 As Commandant, he focused the College on cantly reducing costs and making edu- TREASURY AND GENERAL GOV- improvements essential for the entire De- cational information widely available to in- ERNMENT APPROPRIATIONS ACT, partment of Defense Acquisition Workforce ternal and external customers. Under Admi- 2000 (AWF), and dramatically improved the qual- ral Vincent’s guidance, the College under- ity and greatly expanded the scope of their went the process of standardizing the auto- The text of S. 1282, passed by the Sen- education and training. During his tenure, mation equipment in each classroom and up- ate on July 1, 1999, follows: student throughput increased by nearly five grading the server infrastructure, along with S. 1282 percent, greatly helping the military depart- video tele-conference capability, to better Be it enacted by the Senate and House of Rep- ments to meet the formal acquisition edu- support distance learning conversion efforts resentatives of the United States of America in cation requirements that public law imposed of DSMC courses. This initiative, while mini- Congress assembled, That the following sums on all major system program managers. mizing costs to infuse information tech- are appropriated, out of any money in the These achievements are all the more re- nology capability, not only improved the Treasury not otherwise appropriated, for the markable because they were accomplished students’ learning environment, but also Treasury Department, the United States during a period when DSMC funding de- made acquisition education and training Postal Service, the Executive Office of the creased by over seven percent, and personnel more accessible to the workforce. President, and certain Independent Agencies, by over 11 percent. Admiral Vincent also provided the thrust for the fiscal year ending September 30, 2000, behind the development of the Integrated Admiral Vincent also successfully focused and for other purposes, namely: the exceptional capabilities of the College’s Curriculum Environment (ICE) database, an automated, centralized management system TITLE I—DEPARTMENT OF THE staff and faculty on meeting the rapidly TREASURY changing needs of the acquisition workforce. for DSMC courseware and supporting docu- Upon assuming command of DSMC, he led mentation. This standardized curriculum DEPARTMENTAL OFFICES the College’s senior leadership through the management tool will significantly simplify SALARIES AND EXPENSES development of a corporate plan that set the the course revision process, and eventually, For necessary expenses of the Depart- course into the new millennium for the edu- will make course materials available elec- mental Offices including operation and cation and training of acquisition profes- tronically to all students and accessible by maintenance of the Treasury Building and sionals. This dynamic plan provided the all graduates. Through his active leadership Annex; hire of passenger motor vehicles; foundation for DSMC operations and out- and visionary foresight of the information maintenance, repairs, and improvements of, lined a series of strategic goals, objectives, revolution, Admiral Vincent launched and purchase of commercial insurance poli- and metrics that guided the College through DSMC—and acquisition education and train- cies for, real properties leased or owned over- the efficient accomplishment of its four- ing—into the 21st Century, guiding the Col- seas, when necessary for the performance of pronged mission of providing education and lege through the transformation process of official business; not to exceed $2,900,000 for training, research, consulting, and informa- becoming the acquisition workforce’s Center official travel expenses; not to exceed tion dissemination. He successfully chal- for Continuous Learning. $150,000 for official reception and representa- lenged the College to achieve these improve- Admiral Vincent further improved the tion expenses; not to exceed $258,000 for un- stature of DSMC as the Department of De- ments, while maintaining the highest qual- foreseen emergencies of a confidential na- fense world-class center for international ac- ity of support available to the acquisition ture, to be allocated and expended under the quisition education excellence. Under his workforce. direction of the Secretary of the Treasury Anticipating the need to achieve a cultural leadership, DSMC co-sponsored the 10th An- and to be accounted for solely on his certifi- transformation within the acquisition com- nual International Defense Educational Ar- cate, $133,168,000. rangement (IDEA) seminar with France and munity, Admiral Vincent encouraged the DEPARTMENT-WIDE SYSTEMS AND CAPITAL hosted the 11th IDEA seminar in the United students, staff, and faculty at DSMC to be- INVESTMENTS PROGRAMS come change agents and instilled in them a States—a fifteen-nation symposium on Intra-European and Transatlantic arma- (INCLUDING TRANSFER OF FUNDS) sense of urgency to keep up the momentum ments cooperation. Additionally, Admiral For development and acquisition of auto- of Acquisition Reform. He directed the as- Vincent initiated the first IDEA Pacific sem- matic data processing equipment, software, sessment and revision of over thirty DSMC- inar with the Australian Defense Force and services for the Department of the sponsored courses to reflect the latest Academy, providing eight nations of the Pa- Treasury, $35,561,000, to remain available changes, ensuring that Acquisition Reform cific Rim with a forum for exchange of ac- until expended: Provided, That these funds initiatives are seamlessly threaded through- quisition best practices. With the growing shall be transferred to accounts and in out the 12 functional areas. To further enrich emphasis on international cooperation, the amounts as necessary to satisfy the require- the learning environment, he spearheaded College also hosted biannual international ments of the Department’s offices, bureaus, the effort to recruit students from industry, acquisition forums for DUSD (International and other organizations: Provided further, bringing a commercial business perspective Programs) and the Services international That this transfer authority shall be in addi- into every classroom—he served as the cata- program offices. As the principal U.S. rep- tion to any other transfer authority provided lyst to stimulate partnering with industry resentative to IDEA, Admiral Vincent pro- in this Act: Provided further, That none of and effective teaming within program of- vided the leadership and facilitated inter- the funds appropriated shall be used to sup- fices. Beginning with the students, staff, and national cooperation, significantly advanc- port or supplement the Internal Revenue faculty at DSMC, he successfully developed a ing the understanding and effectiveness of Service appropriations for Information Sys- cultural mindset that would revolutionize international cooperative acquisition issues tems. the way DoD approaches its business af- among participating nations. OFFICE OF INSPECTOR GENERAL fairs—embracing best practices, empowering His distinguished career included addi- SALARIES AND EXPENSES the workforce, and achieving optimal solu- tional command tours as Commander, De- tions at the lowest costs. For necessary expenses of the Office of In- fense Contract Administration Services Re- spector General in carrying out the provi- In a push to constantly improve the qual- gion, Los Angeles; Commander, Defense Con- ity of integrated courses, Admiral Vincent sions of the Inspector General Act of 1978, as tract Management Command International; amended, not to exceed $2,000,000 for official created the Acquisition Management Cur- Deputy Director for Acquisition Manage- riculum Enhancement Program (AMCEP) to travel expenses; including hire of passenger ment and Commander, Defense Contract motor vehicles; and not to exceed $100,000 for seamlessly integrate the Acquisition Man- Management Command, Defense Logistics agement Functional Board requirements unforeseen emergencies of a confidential na- Agency. ture, to be allocated and expended under the with the Defense Acquisition University Throughout the period of his assignment direction of the Inspector General of the (DAU) course development and delivery proc- as Commandant, DSMC, and his thirty-two- Treasury, $30,483,000. esses. The result was a continuous evolution- year career, Admiral Vincent displayed ex- ary process that facilitated and improved the emplary performance of duty, extraordinary INSPECTOR GENERAL FOR TAX ADMINISTRATION current integrated acquisition management initiative and leadership, keen judgment, SALARIES AND EXPENSES curriculum. The enhancement effort created and dedication to the highest principles of For necessary expenses of the Treasury In- a learning environment characterized by a devotion to his country. He leaves the De- spector General for Tax Administration in problem-based learning curriculum which fense Systems Management College and the carrying out the Inspector General Act of replicated to the highest possible fidelity ac- acquisition community better by having 1978, as amended, including purchase (not to tual problems the graduates would likely en- served them. His personal dedication has exceed 150 for replacement only for police- counter in their subsequent assignments. been solely responsible for numerous con- type use) and hire of passenger motor vehi- Additionally, to further improve the effi- tributions of lasting consequence, which will cles (31 U.S.C. 1343(b)); and services author- ciency at DSMC, Admiral Vincent consoli- enhance the ability of each Service to ac- ized by 5 U.S.C. 3109, at such rates as may be dated all information/automation systems complish its mission better, now and in the determined by the Inspector General for Tax enhancement efforts at the College under the future. His exceptional performance in ex- Administration; not to exceed $6,000,000 for Chief Information/Knowledge Officer. By tremely important and challenging positions official travel expenses; not to exceed concentrating the information technology has been in keeping with the highest tradi- $500,000 for unforeseen emergencies of a con- activities under one person, Admiral Vincent tions of the Service and reflects great credit fidential nature, to be allocated and ex- effectively orchestrated the consolidation of upon himself, the United States Navy, and pended under the direction of the Inspector automated systems requirements, signifi- the Department of Defense.∑ General for Tax Administration, $111,340,000. S8406 CONGRESSIONAL RECORD — SENATE July 13, 1999

TREASURY BUILDING AND ANNEX REPAIR AND shall not be available for obligation until to Federal and non-Federal personnel at any RESTORATION September 30, 2000; facility in partnership with the Bureau of Al- For the repair, alteration, and improve- (2) As authorized by section 32401, cohol, Tobacco and Firearms: Provided fur- ment of the Treasury Building and Annex, $13,000,000 to the Bureau of Alcohol, Tobacco ther, That the Federal Law Enforcement $15,000,000, to remain available until ex- and Firearms for disbursement through Training Center is authorized to provide pended. grants, cooperative agreements, or contracts short-term medical services for students un- FINANCIAL CRIMES ENFORCEMENT NETWORK to local governments for Gang Resistance dergoing training at the Center. Education and Training: Provided, That not- ACQUISITION CONSTRUCTION IMPROVEMENTS SALARIES AND EXPENSES , , , withstanding sections 32401 and 310001, such AND RELATED EXPENSES For necessary expenses of the Financial funds shall be allocated to State and local Crimes Enforcement Network, including hire For expansion of the Federal Law Enforce- law enforcement and prevention organiza- ment Training Center, for acquisition of nec- of passenger motor vehicles; travel expenses tions. of non-Federal law enforcement personnel to essary additional real property and facili- FEDERAL LAW ENFORCEMENT TRAINING attend meetings concerned with financial in- ties, and for ongoing maintenance, facility CENTER telligence activities, law enforcement, and improvements, and related expenses, financial regulation; not to exceed $14,000 for SALARIES AND EXPENSES $21,611,000, to remain available until ex- official reception and representation ex- For necessary expenses of the Federal Law pended. penses; and for assistance to Federal law en- Enforcement Training Center, as a bureau of FINANCIAL MANAGEMENT SERVICE forcement agencies, with or without reim- the Department of the Treasury, including SALARIES AND EXPENSES bursement, $27,681,000: Provided, That funds materials and support costs of Federal law For necessary expenses of the Financial appropriated in this account may be used to enforcement basic training; purchase (not to Management Service, $200,054,000, of which procure personal services contracts. exceed 52 for police-type use, without regard not to exceed $10,635,000 shall remain avail- to the general purchase price limitation) and VIOLENT CRIME REDUCTION PROGRAMS able until September 30, 2002, for information hire of passenger motor vehicles; for ex- (INCLUDING TRANSFER OF FUNDS) systems modernization initiatives; and of penses for student athletic and related ac- which not to exceed $2,500 shall be available For activities authorized by Public Law tivities; uniforms without regard to the gen- for official reception and representation ex- 103–322, to remain available until expended, eral purchase price limitation for the cur- penses. which shall be derived from the Violent rent fiscal year; the conducting of and par- Crime Reduction Trust Fund, as follows: ticipating in firearms matches and presen- BUREAU OF ALCOHOL, TOBACCO AND FIREARMS (1) As authorized by section 190001(e), tation of awards; for public awareness and SALARIES AND EXPENSES $181,000,000; of which $17,847,000 shall be enhancing community support of law en- For necessary expenses of the Bureau of available to the Bureau of Alcohol, Tobacco forcement training; not to exceed $9,500 for Alcohol, Tobacco and Firearms, including and Firearms, including $3,000,000 for admin- official reception and representation ex- purchase of not to exceed 812 vehicles for po- istering the Gang Resistance Education and penses; room and board for student interns; lice-type use, of which 650 shall be for re- Training program, $1,608,000 for an explosives and services as authorized by 5 U.S.C. 3109, placement only, and hire of passenger motor repository clearinghouse, $12,600,000 for the $80,114,000, of which up to $16,511,000 for ma- vehicles; hire of aircraft; services of expert integrated violence reduction strategy, and terials and support costs of Federal law en- witnesses at such rates as may be deter- $639,000 for building security; of which forcement basic training shall remain avail- mined by the Director; for payment of per $21,950,000 shall be available to the United able until September 30, 2002: Provided, That diem and/or subsistence allowances to em- States Secret Service, including $5,854,000 for the Center is authorized to accept and use ployees where an assignment to the National the protective program, $2,014,000 for the pro- gifts of property, both real and personal, and Response Team during the investigation of a tective research program, $5,886,000 for the to accept services, for authorized purposes, bombing or arson incident requires an em- workspace program, $5,000,000 for counter- including funding of a gift of intrinsic value ployee to work 16 hours or more per day or feiting investigations, and $3,196,000 for fo- which shall be awarded annually by the Di- to remain overnight at his or her post of rensic and related support of investigations rector of the Center to the outstanding stu- duty; not to exceed $15,000 for official recep- of missing and exploited children, of which dent who graduated from a basic training tion and representation expenses; for train- $1,196,000 shall be available as a grant for ac- program at the Center during the previous ing of State and local law enforcement agen- tivities related to the investigations of ex- fiscal year, which shall be funded only by cies with or without reimbursement, includ- ploited children and shall remain available gifts received through the Center’s gift au- ing training in connection with the training until expended; of which $52,774,000 shall be thority: Provided further, That notwith- and acquisition of canines for explosives and available for the United States Customs standing any other provision of law, students fire accelerants detection; and provision of Service, including $4,300,000 for conducting attending training at any Federal Law En- laboratory assistance to State and local pre-hiring polygraph examinations, $2,000,000 forcement Training Center site shall reside agencies, with or without reimbursement, for technology for the detection of in on-Center or Center-provided housing, in- $570,345,000, of which $39,320,000 may be used undeclared outbound currency, $9,000,000 for sofar as available and in accordance with for the Youth Crime Gun Interdiction Initia- non-intrusive mobile personal inspection Center policy: Provided further, That funds tive, of which $1,120,000 shall be provided for technology, $4,952,000 for land border auto- appropriated in this account shall be avail- the purpose of expanding the program to in- mation equipment, $8,000,000 for agent and able, at the discretion of the Director, for clude Las Vegas, Nevada; of which not to ex- inspector relocation: Provided, That $3,000,000 the following: training United States Postal ceed $1,000,000 shall be available for the pay- shall not be available for obligation until Service law enforcement personnel and Post- ment of attorneys’ fees as provided by 18 September 30, 2000, $5,735,000 for laboratory al police officers; State and local govern- U.S.C. 924(d)(2); and of which $1,000,000 shall modernization, $2,400,000 for cybersmuggling, ment law enforcement training on a space- be available for the equipping of any vessel, $5,430,000 for Hardline/Gateway equipment, available basis; training of foreign law en- vehicle, equipment, or aircraft available for $2,500,000 for the training program, $3,640,000 forcement officials on a space-available basis official use by a State or local law enforce- to maintain fiscal year 1998 equipment, and with reimbursement of actual costs to this ment agency if the conveyance will be used $4,817,000 for investigative counter-narcotics appropriation, except that reimbursement in joint law enforcement operations with the and money laundering operations; of which may be waived by the Secretary for law en- Bureau of Alcohol, Tobacco and Firearms $28,366,000 shall be available for Interagency forcement training activities in foreign and for the payment of overtime salaries, Crime and Drug Enforcement; of which countries undertaken pursuant to section 801 travel, fuel, training, equipment, supplies, $1,863,000 shall be available for the Financial of the Antiterrorism and Effective Death and other similar costs of State and local Crimes Enforcement Network, including Penalty Act of 1996, Public Law 104–32; train- law enforcement personnel, including sworn $600,000 for GATEWAY, $300,000 to expand ing of private sector security officials on a officers and support personnel, that are in- data mining technology, $500,000 to continue space-available basis with reimbursement of curred in joint operations with the Bureau of the magnitude of money laundering study, actual costs to this appropriation; and travel Alcohol, Tobacco and Firearms: Provided, $200,000 to enhance electronic filing of SARS expenses of non-Federal personnel to attend That no funds made available by this or any and other BSA databases, and $263,000 for course development meetings and training other Act may be used to transfer the func- technical advances for GATEWAY; of which sponsored by the Center: Provided further, tions, missions, or activities of the Bureau of $9,200,000 shall be available to the Federal That the Center is authorized to obligate Alcohol, Tobacco and Firearms to other Law Enforcement Training Center for con- funds in anticipation of reimbursements agencies or Departments in fiscal year 2000: struction of two firearms ranges at the from agencies receiving training sponsored Provided further, That no funds appropriated Artesia Center: Provided, That these funds by the Federal Law Enforcement Training herein shall be available for salaries or ad- shall not be available for obligation until Center, except that total obligations at the ministrative expenses in connection with September 30, 2000; and of which $49,000,000 end of the fiscal year shall not exceed total consolidating or centralizing, within the De- shall be available to the Office of National budgetary resources available at the end of partment of the Treasury, the records, or Drug Control Policy Special Forfeiture Fund the fiscal year: Provided further, That the any portion thereof, of acquisition and dis- to support a national media campaign, as au- Federal Law Enforcement Training Center is position of firearms maintained by Federal thorized in the Drug-Free Media Campaign authorized to provide training for the Gang firearms licensees: Provided further, That no Act of 1998: Provided further, That these funds Resistance Education and Training program funds appropriated herein shall be used to July 13, 1999 CONGRESSIONAL RECORD — SENATE S8407 pay administrative expenses or the com- pursuant to Public Law 103–182, $3,000,000, to ance research; purchase (for police-type use, pensation of any officer or employee of the be derived from the Harbor Maintenance not to exceed 850) and hire of passenger United States to implement an amendment Trust Fund and to be transferred to and motor vehicles (31 U.S.C. 1343(b)); and serv- or amendments to 27 CFR 178.118 or to merged with the Customs ‘‘Salaries and Ex- ices as authorized by 5 U.S.C. 3109, at such change the definition of ‘‘Curios or relics’’ in penses’’ account for such purposes. rates as may be determined by the Commis- 27 CFR 178.11 or remove any item from ATF OPERATION, MAINTENANCE AND PROCUREMENT, sioner, $3,305,090,000, of which not to exceed Publication 5300.11 as it existed on January AIR AND MARINE INTERDICTION PROGRAMS $1,000,000 shall remain available until Sep- 1, 1994: Provided further, That none of the tember 30, 2002, for research and, of which For expenses, not otherwise provided for, funds appropriated herein shall be available not to exceed $150,000 shall be for official re- necessary for the operation and maintenance to investigate or act upon applications for ception and representation expenses associ- of marine vessels, aircraft, and other related relief from Federal firearms disabilities ated with hosting the Inter-American Center equipment of the Air and Marine Programs, under 18 U.S.C. 925(c): Provided further, That of Tax Administration (CIAT) 2000 Con- including operational training and mission- such funds shall be available to investigate ference. and act upon applications filed by corpora- related travel, and rental payments for fa- tions for relief from Federal firearms disabil- cilities occupied by the air or marine inter- EARNED INCOME TAX CREDIT COMPLIANCE ities under 18 U.S.C. 925(c): Provided further, diction and demand reduction programs, the INITIATIVE That no funds in this Act may be used to operations of which include the following: For funding essential earned income tax provide ballistics imaging equipment to any the interdiction of narcotics and other credit compliance and error reduction initia- State or local authority who has obtained goods; the provision of support to Customs tives pursuant to section 5702 of the Bal- similar equipment through a Federal grant and other Federal, State, and local agencies anced Budget Act of 1997 (Public Law 105–33), or subsidy unless the State or local author- in the enforcement or administration of laws $144,000,000, of which not to exceed $10,000,000 ity agrees to return that equipment or to enforced by the Customs Service; and, at the may be used to reimburse the Social Secu- repay that grant or subsidy to the Federal discretion of the Commissioner of Customs, rity Administration for the costs of imple- Government: Provided further, That no funds the provision of assistance to Federal, State, menting section 1090 of the Taxpayer Relief under this Act may be used to electronically and local agencies in other law enforcement Act of 1997. retrieve information gathered pursuant to 18 and emergency humanitarian efforts, INFORMATION SYSTEMS U.S.C. 923(g)(4) by name or any personal $108,688,000, which shall remain available For necessary expenses of the Internal identification code. until expended: Provided, That no aircraft or Revenue Service for information systems UNITED STATES CUSTOMS SERVICE other related equipment, with the exception and telecommunications support, including of aircraft which is one of a kind and has SALARIES AND EXPENSES developmental information systems and been identified as excess to Customs require- For necessary expenses of the United operational information systems; the hire of ments and aircraft which has been damaged States Customs Service, including purchase passenger motor vehicles (31 U.S.C. 1343(b)); beyond repair, shall be transferred to any and lease of up to 1,050 motor vehicles of and services as authorized by 5 U.S.C. 3109, at other Federal agency, department, or office which 550 are for replacement only and of such rates as may be determined by the outside of the Department of the Treasury, which 1,030 are for police-type use and com- Commissioner, $1,450,100,000. mercial operations; hire of motor vehicles; during fiscal year 2000 without the prior ap- contracting with individuals for personal proval of the Committees on Appropriations. ADMINISTRATIVE PROVISIONS—INTERNAL REVENUE SERVICE services abroad; not to exceed $40,000 for offi- BUREAU OF THE PUBLIC DEBT SEC. 101. Not to exceed 5 percent of any ap- cial reception and representation expenses; ADMINISTERING THE PUBLIC DEBT and awards of compensation to informers, as propriation made available in this Act to the authorized by any Act enforced by the For necessary expenses connected with any Internal Revenue Service may be transferred United States Customs Service, $1,670,747,000, public-debt issues of the United States, to any other Internal Revenue Service appro- of which such sums as become available in $181,383,000, of which not to exceed $2,500 priation upon the advance approval of the the Customs User Fee Account, except sums shall be available for official reception and Committees on Appropriations. representation expenses, and of which not to subject to section 13031(f)(3) of the Consoli- SEC. 102. The Internal Revenue Service dated Omnibus Budget Reconciliation Act of exceed $2,000,000 shall remain available until shall maintain a training program to ensure 1985, as amended (19 U.S.C. 58c(f)(3)), shall be expended for systems modernization: Pro- that Internal Revenue Service employees are derived from that Account; of the total, not vided, That the sum appropriated herein trained in taxpayers’ rights, in dealing cour- to exceed $150,000 shall be available for pay- from the General Fund for fiscal year 2000 teously with the taxpayers, and in cross-cul- ment for rental space in connection with shall be reduced by not more than $4,400,000 tural relations. as definitive security issue fees and Treasury preclearance operations; not to exceed SEC. 103. The Internal Revenue Service $4,000,000 shall be available until expended Direct Investor Account Maintenance fees shall institute and enforce policies and pro- for research, of which $900,000 shall be pro- are collected, so as to result in a final fiscal cedures which will safeguard the confiden- vided to a land grant university in North year 2000 appropriation from the General tiality of taxpayer information. Fund estimated at $176,983,000, and in addi- and/or South Dakota to conduct a research SEC. 104. Funds made available by this or program on the bilateral United States/Cana- tion, $20,000, to be derived from the Oil Spill any other Act to the Internal Revenue Serv- dian bilateral trade of agricultural commod- Liability Trust Fund to reimburse the Bu- ice shall be available for improved facilities ities and products; of which $100,000 shall be reau for administrative and personnel ex- and increased manpower to provide suffi- provided for the child pornography tipline; of penses for financial management of the cient and effective 1–800 help line service for which $200,000 shall be for Project Alert; not Fund, as authorized by section 1012 of Public taxpayers. The Commissioner shall continue to exceed $5,000,000 shall be available until Law 101–380. to make the improvement of the Internal expended for conducting special operations INTERNAL REVENUE SERVICE Revenue Service 1–800 help line service a pri- pursuant to 19 U.S.C. 2081, and; up to PROCESSING, ASSISTANCE, AND MANAGEMENT ority and allocate resources necessary to in- $8,000,000 shall be available until expended crease phone lines and staff to improve the for the procurement of automation infra- For necessary expenses of the Internal Internal Revenue Service 1–800 help line structure items, including hardware, soft- Revenue Service for tax returns processing; service. ware, and installation; up to $5,400,000, to be revenue accounting; tax law and account as- SEC. 105. Notwithstanding any other provi- available until expended, may be transferred sistance to taxpayers by telephone and cor- sion of law, no reorganization of the field of- to the Treasury-wide Systems and Capital respondence; programs to match information fice structure of the Internal Revenue Serv- Investments Programs account for an inter- returns and tax returns; management serv- ice Criminal Investigation Division will re- national trade data system; and up to ices; rent and utilities; and services as au- sult in a reduction of criminal investigators $5,000,000, to remain available until ex- thorized by 5 U.S.C. 3109, at such rates as in Wisconsin and South Dakota from the 1996 pended, for repairs to Customs facilities: Pro- may be determined by the Commissioner, level. vided, That uniforms may be purchased with- $3,291,945,000, of which up to $3,950,000 shall out regard to the general purchase price lim- be for the Tax Counseling for the Elderly UNITED STATES SECRET SERVICE itation for the current fiscal year: Provided Program, and of which not to exceed $25,000 SALARIES AND EXPENSES shall be for official reception and representa- further, That the Hector International Air- For necessary expenses of the United tion expenses. port in Fargo, North Dakota shall be des- States Secret Service, including purchase of ignated an International Port of Entry: Pro- TAX LAW ENFORCEMENT not to exceed 739 vehicles for police-type use, vided further, That notwithstanding any For necessary expenses of the Internal of which 675 shall be for replacement only, other provision of law, the fiscal year aggre- Revenue Service for determining and estab- and hire of passenger motor vehicles; hire of gate overtime limitation prescribed in sub- lishing tax liabilities; providing litigation aircraft; training and assistance requested section 5(c)(1) of the Act of February 13, 1911 support; issuing technical rulings; examining by State and local governments, which may (19 U.S.C. 261 and 267) shall be $30,000. employee plans and exempt organizations; be provided without reimbursement; services HARBOR MAINTENANCE FEE COLLECTION conducting criminal investigation and en- of expert witnesses at such rates as may be (INCLUDING TRANSFER AUTHORITY) forcement activities; securing unfiled tax re- determined by the Director; rental of build- For Administrative expenses related to the turns; collecting unpaid accounts; compiling ings in the District of Columbia, and fencing, collection of the Harbor Maintenance Fee, statistics of income and conducting compli- lighting, guard booths, and other facilities S8408 CONGRESSIONAL RECORD — SENATE July 13, 1999 on private or other property not in Govern- Service, and Bureau of the Public Debt, may (D) may not be made except in the case of ment ownership or control, as may be nec- be transferred between such appropriations any qualifying employee who voluntarily essary to perform protective functions; for upon the advance approval of the Commit- separates (whether by retirement or resigna- payment of per diem and/or subsistence al- tees on Appropriations. No transfer may in- tion) before January 1, 2003; lowances to employees where a protective crease or decrease any such appropriation by (E) shall not be a basis for payment, and assignment during the actual day or days of more than 2 percent. shall not be included in the computation, of the visit of a protectee require an employee SEC. 115. Of the funds available for the pur- any other type of Government benefit; and to work 16 hours per day or to remain over- chase of law enforcement vehicles, no funds (F) shall not be taken into account in de- night at his or her post of duty; the con- may be obligated until the Secretary of the termining the amount of any severance pay ducting of and participating in firearms Treasury certifies that the purchase by the to which the employee may be entitled under matches; presentation of awards; for travel respective Treasury bureau is consistent 5 U.S.C. 5595 based on any other separation. of Secret Service employees on protective with Departmental vehicle management (c) ADDITIONAL OFFICE OF THE TREASURY IN- missions without regard to the limitations principles: Provided, That the Secretary may SPECTOR GENERAL FOR TAX ADMINISTRATION on such expenditures in this or any other Act delegate this authority to the Assistant Sec- CONTRIBUTIONS TO THE RETIREMENT FUND.— if approval is obtained in advance from the retary for Management. (1) IN GENERAL.—In addition to any other Committees on Appropriations; for research SEC. 116. VOLUNTARY SEPARATION INCENTIVE payments which it is required to make under and development; for making grants to con- PAYMENTS FOR EMPLOYEES OF THE OFFICE OF subchapter III of chapter 83 or chapter 84 of duct behavioral research in support of pro- THE TREASURY INSPECTOR GENERAL FOR TAX title 5, United States Code, the Office shall tective research and operations; not to ex- ADMINISTRATION. During the period from Oc- remit to the Office of Personnel Management ceed $20,000 for official reception and rep- tober 1, 1999 through January 1, 2003, the for deposit in the Treasury of the United resentation expenses; not to exceed $50,000 to Treasury Inspector General for Tax Adminis- States to the credit of the Civil Service Re- tration is authorized to offer voluntary sepa- provide technical assistance and equipment tirement and Disability Fund an amount ration incentives in order to provide the nec- to foreign law enforcement organizations in equal to 15 percent of the final basic pay of essary flexibility to carry out the plan to es- counterfeit investigations; for payment in each employee who is covered under sub- tablish and reorganize the Office of the advance for commercial accommodations as chapter III of chapter 83 or chapter 84 of title Treasury Inspector General for Tax Adminis- may be necessary to perform protective 5, United States Code, to whom a voluntary tration (‘‘the Office’’ hereafter). separation incentive has been paid under this functions; and for uniforms without regard (a) DEFINITION.—In this section, the term section. to the general purchase price limitation for ‘‘employee’’ means an employee (as defined (2) DEFINITION.—In paragraph (1), the term the current fiscal year, $638,816,000. by 5 U.S.C. 2105) who is employed by the Of- ‘‘final basic pay’’, with respect to an em- ACQUISITION, CONSTRUCTION, IMPROVEMENTS, fice serving under an appointment without ployee, means the total amount of basic pay AND RELATED EXPENSES time limitation, and has been currently em- which would be payable for a year of service For necessary expenses of construction, re- ployed by the Office or the Internal Revenue by such employee, computed using the em- pair, alteration, and improvement of facili- Service or the Office of Inspector General of ployee’s final rate of basic pay, and, if last ties, $4,923,000, to remain available until ex- the Department of the Treasury for a contin- serving on other than a full-time basis, with pended. uous period of at least 3 years, but does not appropriate adjustment therefor. GENERAL PROVISIONS—DEPARTMENT OF THE include— (d) EFFECT OF SUBSEQUENT EMPLOYMENT TREASURY (1) a reemployed annuitant under sub- WITH THE GOVERNMENT.—An individual who SEC. 110. Any obligation or expenditure by chapter III of chapter 83 or chapter 84 of title has received a voluntary separation incen- the Secretary of the Treasury in connection 5, United States Code, or another retirement tive payment under this section and accepts with law enforcement activities of a Federal system; any employment for compensation with the agency or a Department of the Treasury law (2) an employee having a disability on the Government of the United States, or who enforcement organization in accordance with basis of which such employee is or would be works for any agency of the United States 31 U.S.C. 9703(g)(4)(B) from unobligated bal- eligible for disability retirement under the Government through a personal services con- ances remaining in the Fund on September applicable retirement system referred to in tract, within 5 years after the date of the 30, 2000, shall be made in compliance with re- paragraph (1); separation on which the payment is based, programming guidelines. (3) an employee who is in receipt of a spe- shall be required to pay, prior to the individ- SEC. 111. Appropriations to the Department cific notice of involuntary separation for ual’s first day of employment, the entire of the Treasury in this Act shall be available misconduct or unacceptable performance; amount of the incentive payment to the Of- for uniforms or allowances therefor, as au- (4) an employee who has previously re- fice. (e) EFFECT ON OFFICE OF THE TREASURY IN- thorized by law (5 U.S.C. 5901), including ceived any voluntary separation incentive SPECTOR GENERAL FOR TAX ADMINISTRATION maintenance, repairs, and cleaning; purchase payment by the Federal Government under EMPLOYMENT LEVELS.— of insurance for official motor vehicles oper- this section or any other authority and has not repaid such payment; (1) INTENDED EFFECT.—Voluntary separa- ated in foreign countries; purchase of motor tions under this section are not intended to vehicles without regard to the general pur- (5) an employee covered by statutory reem- ployment rights who is on transfer to an- necessarily reduce the total number of full- chase price limitations for vehicles pur- time equivalent positions in the Office. chased and used overseas for the current fis- other organization; or (2) USE OF VOLUNTARY SEPARATIONS.—The cal year; entering into contracts with the (6) any employee who, during the 24-month period preceding the date of separation, has Office may redeploy or use the full-time Department of State for the furnishing of equivalent positions vacated by voluntary health and medical services to employees received a recruitment or relocation bonus under 5 U.S.C. 5753 or who, within the 12- separations under this section to make other and their dependents serving in foreign coun- positions available to more critical locations tries; and services authorized by 5 U.S.C. month period preceding the date of separa- tion, received a retention allowance under 5 or more critical occupations. 3109. SEC. 117. VOLUNTARY SEPARATION INCENTIVE SEC. 112. The funds provided to the Bureau U.S.C. 5754. PAYMENTS FOR EMPLOYEES OF THE CHICAGO of Alcohol, Tobacco and Firearms for fiscal (b) AUTHORITY TO PROVIDE VOLUNTARY SEP- FINANCIAL CENTER OF THE FINANCIAL MAN- ARATION INCENTIVE PAYMENTS.— year 2000 in this Act for the enforcement of AGEMENT SERVICE. (a) AUTHORITY.—During (1) IN GENERAL.—The Treasury Inspector the Federal Alcohol Administration Act the period from October 1, 1999 through Jan- General for Tax Administration may pay shall be expended in a manner so as not to uary 31, 2000, the Commissioner of the Finan- voluntary separation incentive payments diminish enforcement efforts with respect to cial Management Service (FMS) of the De- section 105 of the Federal Alcohol Adminis- under this section to any employee to the ex- partment of the Treasury is authorized to tration Act. tent necessary to organize the Office so as to offer voluntary separation incentives in SEC. 113. Not to exceed 2 percent of any ap- perform the duties specified in the Internal order to provide the necessary flexibility to propriations in this Act made available to Revenue Service Restructuring and Reform carry out the closure of the Chicago Finan- the Federal Law Enforcement Training Cen- Act of 1998, Pub. L. 105–206. cial Center (CFC) in a manner which the ter, Financial Crimes Enforcement Network, (2) AMOUNT AND TREATMENT OF PAYMENTS.— Commissioner shall deem most efficient, eq- Bureau of Alcohol, Tobacco and Firearms, A voluntary separation incentive payment— uitable to employees, and cost effective to United States Customs Service, and United (A) shall be paid in a lump sum after the the Government. States Secret Service may be transferred be- employee’s separation; (b) DEFINITION.—In this section, the term tween such appropriations upon the advance (B) shall be paid from appropriations avail- ‘‘employee’’ means an employee (as defined approval of the Committees on Appropria- able for the payment of the basic pay of the by 5 U.S.C. 2105) who is employed by FMS at tions. No transfer may increase or decrease employees of the Office; CFC under an appointment without time any such appropriation by more than 2 per- (C) shall be equal to the lesser of— limitation, and has been so employed con- cent. (i) an amount equal to the amount the em- tinuously for a period of at least 3 years, but SEC. 114. Not to exceed 2 percent of any ap- ployee would be entitled to receive under 5 does not include— propriations in this Act made available to U.S.C. 5595(c); or (1) a reemployed annuitant under sub- the Departmental Offices, Office of Inspector (ii) an amount determined by the Treasury chapter III of chapter 83 or chapter 84 of title General, Treasury Inspector General for Tax Inspector General for Tax Administration, 5, United States Code, or another retirement Administration, Financial Management not to exceed $25,000; system; July 13, 1999 CONGRESSIONAL RECORD — SENATE S8409 (2) an employee with a disability on the (E) shall not be a basis for payment, and ‘‘(b) An ‘agency or instrumentality of a basis of which such employee is or would be shall not be included in the computation of foreign state’ means— eligible for disability retirement under the any other type of Government benefit; ‘‘(1) any entity—’’; and retirement systems referred to in paragraph (F) shall not be taken into account in de- (D) by adding at the end the following: (1) or another retirement system for employ- termining the amount of any severance pay ‘‘(2) for purposes of sections 1605(a)(7) and ees of the Government; to which the employee may be entitled under 1610 (a)(7) and (f), any entity as defined under (3) an employee who is in receipt of a spe- section 5595 of title 5, United States Code, subparagraphs (A) and (B) of paragraph (1), cific notice of involuntary separation for based on any other separation; and and subparagraph (C) of paragraph (1) shall misconduct or unacceptable performance; (G) shall be paid from appropriations or not apply.’’. (4) an employee who has previously re- funds available for the payment of the basic (2) TECHNICAL AND CONFORMING AMEND- ceived any voluntary separation incentive pay of the employee. MENT.—Section 1391(f)(3) of title 28, United payment from an agency or instrumentality (e) ELIGIBILITY FOR PAYMENTS.—Payments States Code, is amended by striking of the Government of the United States under this section may be made to any quali- ‘‘1603(b)’’ and inserting ‘‘1603(b)(1)’’. under any authority and has not repaid such fying employee who voluntarily separates, (b) ENFORCEMENT OF JUDGMENTS.—Section payment; whether by retirement or resignation, be- 1610(f) of title 28, United States Code, is (5) an employee covered by statutory reem- tween October 1, 1999 and January 31, 2000. amended— (f) EFFECT ON SUBSEQUENT EMPLOYMENT ployment rights who is on transfer to an- (1) in paragraph (1)— WITH THE GOVERNMENT.—An individual who other organization; or (A) in subparagraph (A) by striking ‘‘(in- has received a voluntary separation incen- (6) an employee who during the 24 month cluding any agency or instrumentality or tive payment under this section and accepts period preceding the date of separation has such state)’’ and inserting ‘‘(including any any employment for compensation with any received and not repaid a recruitment or re- agency or instrumentality of such state)’’; agency or instrumentality of the Govern- and location bonus under section 5753 of Title 5, ment of the United States within 5 years United States Code, or who, within the (B) by adding at the end the following: after the date of the separation on which the ‘‘(C) Notwithstanding any other provision twelve month period preceding the date of payment is based shall be required to pay, separation, has received and not repaid a re- of law, moneys due from or payable by the prior to the individual’s first day of employ- United States (including any agency, sub- tention allowance under section 5754 of that ment, the entire amount of the incentive Title. division or instrumentality thereof) to any payment to FMS. state against which a judgment is pending (c) AGENCY PLAN; APPROVAL.— (g) CONTRIBUTIONS TO THE RETIREMENT under section 1605(a)(7) shall be subject to at- (1) The Secretary, Department of the FUND.— tachment and execution, in like manner and Treasury, prior to obligating any resources (1) In addition to any other payments to the same extent as if the United States for voluntary separation incentive pay- which it is required to make under sub- were a private person.’’; and ments, shall submit to the Office of Manage- chapter III of chapter 83 or chapter 84 of title (2) by adding at the end the following: ment and Budget a strategic plan outlining 5, United States Code, FMS shall remit to ‘‘(3)(A) Subject to subparagraph (B), upon the intended use of such incentive payments the office of Personnel Management for de- determining on an asset-by-asset basis that a and a proposed organizational chart for the posit in the Treasury to the credit of Civil waiver is necessary in the national security agency once such incentive payments have Service Retirement and Disability Fund an interest, the President may waive this sub- been completed. amount equal to 15 percent of the final an- section in connection with (and prior to the (2) The agency’s plan under subsection (1) nual basic pay for each employee covered enforcement of) any judicial order directing shall include— under subchapter III of chapter 83 or chapter attachment in aid of execution or execution (A) the specific positions and functions to 84 of title 5 United States Code, to whom a against the principal office of a foreign mis- be reduced or eliminated; voluntary separation incentive has been paid sion to the United States used for diplomatic (B) a proposed coverage for offers of incen- under this section. or related purposes, or any funds held by or tives; (2) For the purpose of paragraph (1), the in the name of such foreign mission deter- (C) the time period during which incen- term ‘‘final basic pay’’ with respect to an mined by the President to be necessary to tives may be paid; employee, means the total amount of basic satisfy actual operating expenses of such (D) the number and amounts of voluntary pay which would be payable for a year of principal office. separation incentive payments to be offered; service by such employee, computed using ‘‘(B) A waiver under this paragraph shall and the employee’s final rate of basic pay, and, if not apply to— (E) a description of how the agency will op- last serving on other than a full-time basis, ‘‘(i) the principal office of a foreign mis- erate without the eliminated positions and with appropriate adjustment therefor. sion if such office has been used for any non- functions. (h) REDUCTION OF AGENCY EMPLOYMENT diplomatic purpose (including as commercial LEVELS.— (3) The Director of the Office of Manage- rental property) by either the foreign state (1) The total number of funded employee ment and Budget shall review the agency’s or by the United States, or to the proceeds of positions in the agency shall be reduced by plan and approve or disapprove such plan, such nondiplomatic purpose; or one position for each vacancy created by the and may make appropriate modifications in ‘‘(ii) if any asset of such principal office is separation of any employee who has re- the plan including waivers of the reduction sold or otherwise transferred for value to a ceived, or is due to receive, a voluntary sepa- in agency employment levels required by third party, the proceeds of such sale or ration incentive payment under this Act. this Act. transfer.’’. For the purposes of this subsection, positions (c) TECHNICAL AND CONFORMING AMEND- (d) AUTHORITY TO PROVIDE VOLUNTARY SEP- shall be counted on a full-time equivalent MENT.—Section 117(d) of the Treasury De- ARATION INCENTIVE PAYMENTS.— basis. partment Appropriations Act, 1999 (Public (1) A voluntary separation incentive pay- (2) The President, through the Office of Law 105–277; 112 Stat. 2681–492) is repealed. ment under this Act may be paid by the Management and Budget, shall monitor the (d) EFFECTIVE DATE.—The amendments agency head to an employee only in accord- agency and take any action necessary to en- made by this section shall apply to any ance with the strategic plan under section sure that the requirement of this section are claim for which a foreign state is not im- (c). met. mune under section 1605(a)(7) of title 28, (2) A voluntary incentive payment— (3) At the request of the Secretary, Depart- United States Code, arising before, on, or (A) shall be offered to agency employees on ment of the Treasury, the Office of Manage- after the date of enactment of this Act. the basis of organizational unit, occupa- ment and Budget may waive the reduction in SEC. 119. Provided further, That the Cus- tional series or level, geographic location, total number of funded employee positions toms Service Commissioner shall utilize other nonpersonal factors, or an appropriate required by subsection (1) if it believes the $50,000,000 to hire 500 new Customs inspec- combination of such factors; agency plan required by section (c) satisfac- tors, agents, appropriate equipment and in- (B) shall be paid in a lump sum after the torily demonstrates that the positions would telligence support within the funds available employee’s separation; better be used to reallocate occupations or under the Customs Service headings in the (C) shall be equal to the lesser of— reshape the workforce and to produce a more bill, in addition to funds provided to the Cus- (i) an amount equal to the amount the em- cost-effective result. toms Service under the Fiscal Year 1999 ployee would be entitled to receive under SEC. 118. ENFORCEMENT OF CERTAIN ANTI- Emergency Drug Supplemental. section 5595(c) of title 5, United States Code, TERRORISM JUDGMENTS. (a) DEFINITION.— This title may be cited as the ‘‘Treasury if the employee were entitled to payment (1) IN GENERAL.—Section 1603(b) of title 28, Department Appropriations Act, 2000’’. under such section (without adjustment for United States Code, is amended— any previous payment made); or (A) in paragraph (3) by striking the period TITLE II—POSTAL SERVICE (ii) an amount determined by the agency and inserting a semicolon and ‘‘and’’; PAYMENT TO THE POSTAL SERVICE FUND head, not to exceed $25,000; (B) by redesignating paragraphs (1), (2), For payment to the Postal Service Fund (D) may be made only in the case of an em- and (3) as subparagraphs (A), (B), and (C), re- for revenue forgone on free and reduced rate ployee who voluntarily separates (whether spectively; mail, pursuant to subsections (c) and (d) of by retirement or resignation) under the pro- (C) by striking ‘‘(b)’’ through ‘‘entity—’’ section 2401 of title 39, United States Code, visions of this Act; and inserting the following: $93,436,000, of which $64,436,000 shall not be S8410 CONGRESSIONAL RECORD — SENATE July 13, 1999

available for obligation until October 1, 2000: the Executive Residence shall require the na- COUNCIL OF ECONOMIC ADVISERS Provided, That mail for overseas voting and tional committee of the political party of SALARIES AND EXPENSES mail for the blind shall continue to be free: the President to maintain on deposit $25,000, For necessary expenses of the Council in Provided further, That 6-day delivery and to be separately accounted for and available carrying out its functions under the Employ- rural delivery of mail shall continue at not for expenses relating to reimbursable polit- ment Act of 1946 (15 U.S.C. 1021), $3,840,000. less than the 1983 level: Provided further, ical events sponsored by such committee That none of the funds made available to the during such fiscal year: Provided further, OFFICE OF POLICY DEVELOPMENT Postal Service by this Act shall be used to That the Executive Residence shall ensure SALARIES AND EXPENSES implement any rule, regulation, or policy of that a written notice of any amount owed for For necessary expenses of the Office of Pol- charging any officer or employee of any a reimbursable operating expense under this icy Development, including services as au- State or local child support enforcement paragraph is submitted to the person owing thorized by 5 U.S.C. 3109 and 3 U.S.C. 107; agency, or any individual participating in a such amount within 60 days after such ex- $4,032,000. State or local program of child support en- pense is incurred, and that such amount is NATIONAL SECURITY COUNCIL forcement, a fee for information requested or collected within 30 days after the submission provided concerning an address of a postal of such notice: Provided further, That the Ex- SALARIES AND EXPENSES customer: Provided further, That none of the ecutive Residence shall charge interest and For necessary expenses of the National Se- funds provided in this Act shall be used to assess penalties and other charges on any curity Council, including services as author- consolidate or close small rural and other such amount that is not reimbursed within ized by 5 U.S.C. 3109, $6,997,000. small post offices in the fiscal year ending such 30 days, in accordance with the interest OFFICE OF ADMINISTRATION on September 30, 2000. and penalty provisions applicable to an out- SALARIES AND EXPENSES This title may be cited as the ‘‘Postal standing debt on a United States Govern- Service Appropriations Act, 2000’’. ment claim under section 3717 of title 31, For necessary expenses of the Office of Ad- ministration, including services as author- TITLE III—EXECUTIVE OFFICE OF THE United States Code: Provided further, That each such amount that is reimbursed, and ized by 5 U.S.C. 3109 and 3 U.S.C. 107, and hire PRESIDENT AND FUNDS APPRO- of passenger motor vehicles $39,198,000, of PRIATED TO THE PRESIDENT any accompanying interest and charges, shall be deposited in the Treasury as mis- which $8,806,000 shall be available for a cap- COMPENSATION OF THE PRESIDENT AND THE ital investment plan which provides for the WHITE HOUSE OFFICE cellaneous receipts: Provided further, That the Executive Residence shall prepare and continued modernization of the information COMPENSATION OF THE PRESIDENT submit to the Committees on Appropria- technology infrastructure. For compensation of the President, includ- tions, by not later than 90 days after the end OFFICE OF MANAGEMENT AND BUDGET ing an expense allowance at the rate of of the fiscal year covered by this Act, a re- SALARIES AND EXPENSES $50,000 per annum as authorized by 3 U.S.C. port setting forth the reimbursable oper- For necessary expenses of the Office of 102; $250,000: Provided, That none of the funds ating expenses of the Executive Residence Management and Budget (OMB), including made available for official expenses shall be during the preceding fiscal year, including hire of passenger motor vehicles and services expended for any other purpose and any un- the total amount of such expenses, the as authorized by 5 U.S.C. 3109, $63,495,000, of used amount shall revert to the Treasury amount of such total that consists of reim- which not to exceed $5,000,000 shall be avail- pursuant to section 1552 of title 31, United bursable official and ceremonial events, the able to carry out the provisions of chapter 35 States Code: Provided further, That none of amount of such total that consists of reim- of title 44, United States Code: Provided, the funds made available for official ex- bursable political events, and the portion of That, as provided in 31 U.S.C. 1301(a), appro- penses shall be considered as taxable to the each such amount that has been reimbursed priations shall be applied only to the objects President. as of the date of the report: Provided further, for which appropriations were made except SALARIES AND EXPENSES That the Executive Residence shall maintain as otherwise provided by law: Provided fur- For necessary expenses for the White a system for the tracking of expenses related ther, That none of the funds appropriated in House as authorized by law, including not to to reimbursable events within the Executive this Act for the Office of Management and exceed $3,850,000 for services as authorized by Residence that includes a standard for the Budget may be used for the purpose of re- 5 U.S.C. 3109 and 3 U.S.C. 105; subsistence ex- classification of any such expense as polit- viewing any agricultural marketing orders penses as authorized by 3 U.S.C. 105, which ical or nonpolitical: Provided further, That no or any activities or regulations under the shall be expended and accounted for as pro- provision of this paragraph may be construed provisions of the Agricultural Marketing vided in that section; hire of passenger to exempt the Executive Residence from any Agreement Act of 1937 (7 U.S.C. 601 et seq.): motor vehicles, newspapers, periodicals, tele- other applicable requirement of subchapter I Provided further, That none of the funds made type news service, and travel (not to exceed or II of chapter 37 of title 31, United States available for the Office of Management and $100,000 to be expended and accounted for as Code. Budget by this Act may be expended for the provided by 3 U.S.C. 103); not to exceed WHITE HOUSE REPAIR AND RESTORATION altering of the transcript of actual testi- $19,000 for official entertainment expenses, to For the repair, alteration, and improve- mony of witnesses, except for testimony of be available for allocation within the Execu- ment of the Executive Residence at the officials of the Office of Management and tive Office of the President, $52,444,000. White House, $810,000, to remain available Budget, before the Committees on Appro- EXECUTIVE RESIDENCE AT THE WHITE HOUSE until expended for required maintenance, priations or the Committees on Veterans’ Af- OPERATING EXPENSES safety and health issues, and continued pre- fairs or their subcommittees: Provided fur- ventative maintenance. ther, That the preceding shall not apply to For the care, maintenance, repair and al- printed hearings released by the Committees teration, refurnishing, improvement, heat- SPECIAL ASSISTANCE TO THE PRESIDENT AND on Appropriations or the Committees on ing, and lighting, including electric power THE OFFICIAL RESIDENCE OF THE VICE Veterans’ Affairs: Provided further, That from and fixtures, of the Executive Residence at PRESIDENT within existing funds provided under this the White House and official entertainment SALARIES AND EXPENSES heading, the President may establish a Na- expenses of the President, $9,260,000, to be ex- For necessary expenses to enable the Vice tional Intellectual Property Coordination pended and accounted for as provided by 3 President to provide assistance to the Presi- Center. U.S.C. 105, 109, 110, and 112–114. dent in connection with specially assigned OFFICE OF NATIONAL DRUG CONTROL POLICY REIMBURSABLE EXPENSES functions, services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 106, including subsistence SALARIES AND EXPENSES For the reimbursable expenses of the Exec- expenses as authorized by 3 U.S.C. 106, which utive Residence at the White House, such (INCLUDING TRANSFER OF FUNDS) shall be expended and accounted for as pro- sums as may be necessary: Provided, That all For necessary expenses of the Office of Na- vided in that section; and hire of passenger reimbursable operating expenses of the Exec- tional Drug Control Policy; for research ac- motor vehicles; $3,617,000. utive Residence shall be made in accordance tivities pursuant to Division C, title VII, of with the provisions of this paragraph: Pro- OPERATING EXPENSES Public Law 105–277; not to exceed $8,000 for vided further, That, notwithstanding any (INCLUDING TRANSFER OF FUNDS) official reception and representation ex- other provision of law, such amount for re- For the care, operation, refurnishing, im- penses; and for participation in joint projects imbursable operating expenses shall be the provement, heating and lighting, including or in the provision of services on matters of exclusive authority of the Executive Resi- electric power and fixtures, of the official mutual interest with nonprofit, research, or dence to incur obligations and to receive off- residence of the Vice President, the hire of public organizations or agencies, with or setting collections, for such expenses: Pro- passenger motor vehicles, and not to exceed without reimbursement; $21,963,000, of which vided further, That the Executive Residence $90,000 for official entertainment expenses of up to $600,000 shall be available for the eval- shall require each person sponsoring a reim- the Vice President, to be accounted for sole- uation of the Drug-Free Communities Act: bursable political event to pay in advance an ly on his certificate; $345,000: Provided, That Provided, That the Office is authorized to ac- amount equal to the estimated cost of the advances or repayments or transfers from cept, hold, administer, and utilize gifts, both event, and all such advance payments shall this appropriation may be made to any de- real and personal, public and private, with- be credited to this account and remain avail- partment or agency for expenses of carrying out fiscal year limitation, for the purpose of able until expended: Provided further, That out such activities. aiding or facilitating the work of the Office. July 13, 1999 CONGRESSIONAL RECORD — SENATE S8411

COUNTERDRUG TECHNOLOGY ASSESSMENT rector for transfer as grants to State and and purchase contract; in the aggregate CENTER local agencies or non-profit organizations for amount of $5,244,478,000, of which: (1) (INCLUDING TRANSFER OF FUNDS) the National Drug Court Institute. $76,979,000 shall remain available until ex- This title may be cited as the ‘‘Executive pended for construction of additional For necessary expenses for the Office Appropriations Act, 2000’’. projects at locations and at maximum con- Counterdrug Technology Assessment Center, TITLE IV—INDEPENDENT AGENCIES struction improvement costs (including $31,100,000, which shall remain available funds for sites and expenses and associated COMMITTEE FOR PURCHASE FROM PEOPLE WHO until expended, consisting of $2,100,000 for design and construction services) as follows: policy research and evaluation, $16,000,000 for ARE BLIND OR SEVERELY DISABLED New construction: counternarcotics research and development SALARIES AND EXPENSES Maryland: projects, and $13,000,000 for the continued op- For necessary expenses of the Committee Montgomery County, FDA Consolidation, eration of the technology transfer program: for Purchase From People Who Are Blind or $35,000,000 Provided, That the $16,000,000 for counter- Severely Disabled established by the Act of Michigan: narcotics research and development projects June 23, 1971, Public Law 92–28, $2,657,000. Sault Sainte Marie, Border Station, shall be available for transfer to other Fed- FEDERAL ELECTION COMMISSION $8,263,000 eral departments or agencies. Montana: SALARIES AND EXPENSES FEDERAL DRUG CONTROL PROGRAMS Roosville, Border Station, $753,000 For necessary expenses to carry out the HIGH INTENSITY DRUG TRAFFICKING AREAS Sweetgrass, Border Station, $11,480,000 provisions of the Federal Election Campaign PROGRAM Texas: Act of 1971, as amended, $38,175,000, of which Fort Hancock, Border Station, $277,000 (INCLUDING TRANSFER OF FUNDS) no less than $4,866,500 shall be available for Washington: For necessary expenses of the Office of Na- internal automated data processing systems, Oroville, Border Station, $11,206,000 tional Drug Control Policy’s High Intensity and of which not to exceed $5,000 shall be Nationwide: Drug Trafficking Area Program, $205,277,000 available for reception and representation Non-prospectus, $10,000,000: for drug control activities consistent with expenses. Provided, That each of the immediately fore- the approved strategy for each of the des- FEDERAL LABOR RELATIONS AUTHORITY going limits of costs on new construction ignated High Intensity Drug Trafficking SALARIES AND EXPENSES projects may be exceeded to the extent that Areas, of which $7,000,000 shall be used for savings effected in other such projects, but methamphetamine programs above the sums For necessary expenses to carry out func- not to exceed 10 percent unless advance ap- allocated in fiscal year 1999, $5,000,000 shall tions of the Federal Labor Relations Author- proval is obtained from the Committees on be used for High Intensity Drug Trafficking ity, pursuant to Reorganization Plan Num- Appropriations of a greater amount: Provided Areas that are designated after July 1, 1999 bered 2 of 1978, and the Civil Service Reform further, That all funds for direct construc- and $5,000,000 to be used at the discretion of Act of 1978, including services authorized by tion projects shall expire on September 30, the Office of National Drug Control Policy 5 U.S.C. 3109, including hire of experts and 2001, and remain in the Federal Buildings with no less than half of the $7,000,000 going consultants, hire of passenger motor vehi- Fund except for funds for projects as to to areas solely dedicated to fighting meth- cles, and rental of conference rooms in the which funds for design or other funds have amphetamine usage, of which no less than 51 District of Columbia and elsewhere, been obligated in whole or in part prior to percent shall be transferred to State and $23,681,000: Provided, That public members of such date: Provided further, That of the funds local entities for drug control activities, the Federal Service Impasses Panel may be provided for non-prospectus construction, which shall be obligated within 120 days of paid travel expenses and per diem in lieu of $1,974,000 shall be available until expended the date of enactment of this Act: Provided, subsistence as authorized by law (5 U.S.C. for acquisition, lease, construction, and That up to 49 percent may be transferred to 5703) for persons employed intermittently in equipping of flexiplace telecommuting cen- Federal agencies and departments at a rate the Government service, and compensation ters: Provided further, That of the amount to be determined by the Director: Provided as authorized by 5 U.S.C. 3109: Provided fur- provided under this heading in Public Law further, That of this latter amount, $1,800,000 ther, That notwithstanding 31 U.S.C. 3302, 104–208, $20,782,000 are rescinded and shall re- shall be used for auditing services: Provided funds received from fees charged to non-Fed- main in the Fund; (2) $607,869,000 shall re- further, That, hereafter, of the amount ap- eral participants at labor-management rela- main available until expended, for repairs propriated for fiscal year 2000 or any suc- tions conferences shall be credited to and and alterations which includes associated de- ceeding fiscal year for the High Intensity merged with this account, to be available sign and construction services: Provided, Drug Trafficking Area Program, the funds to without further appropriation for the costs That funds made available in this Act or any be obligated or expended during such fiscal of carrying out these conferences. previous Act in the Federal Buildings Fund year for programs addressing the treatment GENERAL SERVICES ADMINISTRATION for Repairs and Alterations shall, for pro- spectus projects, be limited to the amount or prevention of drug use as part of the ap- FEDERAL BUILDINGS FUND proved strategy for a designated High Inten- by project as follows, except each project sity Drug Trafficking Area (HIDTA) shall LIMITATIONS ON AVAILABILITY OF REVENUE may be increased by an amount not to ex- not be less than the funds obligated or ex- To carry out the purpose of the Fund es- ceed 10 percent unless advance approval is pended for such programs during fiscal year tablished pursuant to section 210(f) of the obtained from the Committees on Appropria- 1999 for each designated HIDTA: Provided fur- Federal Property and Administrative Serv- tions of a greater amount: ther, That Campbell County and Uinta Coun- ices Act of 1949, as amended (40 U.S.C. 490(f)), Repairs and alterations: ty are hereby designated as part of the the revenues and collections deposited into Alabama: Rocky Mountain High Intensity Drug Traf- the Fund shall be available for necessary ex- Montgomery, Frank M. Johnson, Jr., Fed- ficking Area for the State of Wyoming. penses of real property management and re- eral Building—U.S. Courthouse, $11,606,000 lated activities not otherwise provided for, Alaska: SPECIAL FORFEITURE FUND including operation, maintenance, and pro- Anchorage, Federal Building—U.S. Court- (INCLUDING TRANSFER OF FUNDS) tection of federally owned and leased build- house Annex, $21,098,000 For activities to support a national anti- ings; rental of buildings in the District of Co- California: drug campaign for youth, and other pur- lumbia; restoration of leased premises; mov- Menlo Park, USGS Building 1, $6,831,000 poses, authorized by Public Law 105–277, ing governmental agencies (including space Menlo Park, USGS Building 2, $5,284,000 $127,500,000, to remain available until ex- adjustments and telecommunications reloca- Sacramento, Moss Federal Building—U.S. pended: Provided, That such funds may be tion expenses) in connection with the assign- Courthouse, $7,948,000 transferred to other Federal departments ment, allocation and transfer of space; con- District of Columbia: and agencies to carry out such activities: tractual services incident to cleaning or Interior Building (Phase 1) $1,100,000 Provided further, That of the funds provided, servicing buildings, and moving; repair and Main Justice Building (Phase 2), $47,226,000 $96,500,000 shall be to support a national alteration of federally owned buildings in- State Department Building (Phase 2), media campaign, as authorized in the Drug- cluding grounds, approaches and appur- $10,511,000 Free Media Campaign Act of 1998: Provided tenances; care and safeguarding of sites; Maryland: further, That none of the funds provided for maintenance, preservation, demolition, and Baltimore, Metro West Building, $36,705,000 the support of the national media campaign equipment; acquisition of buildings and sites Woodlawn, Social Security Administration may be obligated until ONDCP has sub- by purchase, condemnation, or as otherwise Annex, $25,890,000 mitted for written approval to the Com- authorized by law; acquisition of options to Minnesota: mittee on Appropriations the evaluation and purchase buildings and sites; conversion and Ft. Snelling, Bishop H. Whipple Federal results of phase II of the campaign: Provided extension of federally owned buildings; pre- Building, $10,989,000 further, That of the funds provided, $30,000,000 liminary planning and design of projects by New Mexico: shall be to continue a program of matching contract or otherwise; construction of new Albuquerque, Federal Building—500 Gold grants to drug-free communities, as author- buildings (including equipment for such Avenue, $8,537,000 ized in the Drug-Free Communities Act of buildings); and payment of principal, inter- Ohio: 1997: Provided further, That of the funds pro- est, and any other obligations for public Cleveland, Celebrezze Federal Building, vided, $1,000,000 shall be available to the Di- buildings acquired by installment purchase $7,234,000 S8412 CONGRESSIONAL RECORD — SENATE July 13, 1999 Nationwide: 490(f)(6)) in excess of $5,244,478,000 shall re- agement and Budget; and (2) does not reflect Chlorofluorocarbons Program, $16,000,000 main in the Fund and shall not be available the priorities of the Judicial Conference of Energy Program, $16,000,000 for expenditure except as authorized in ap- the United States as set out in its approved Design Program, $17,715,000 propriations Acts. 5-year construction plan: Provided, That the Elevators—Various Buildings, $24,195,000 POLICY AND OPERATIONS fiscal year 2001 request must be accompanied Basic Repairs and Alterations, $333,000,000: by a standardized courtroom utilization Provided further, That additional projects for For expenses authorized by law, not other- study of each facility to be constructed, re- which prospectuses have been fully approved wise provided for, for Government-wide pol- placed, or expanded. may be funded under this category only if icy and oversight activities associated with SEC. 405. None of the funds provided in this advance approval is obtained from the Com- asset management activities; utilization and Act may be used to increase the amount of mittees on Appropriations: Provided further, donation of surplus personal property; trans- occupiable square feet, provide cleaning That the amounts provided in this or any portation; procurement and supply; Govern- services, security enhancements, or any prior Act for ‘‘Repairs and Alterations’’ may ment-wide responsibilities relating to auto- other service usually provided through the be used to fund costs associated with imple- mated data management, telecommuni- Federal Buildings Fund, to any agency which menting security improvements to buildings cations, information resources management, does not pay the rate per square foot assess- necessary to meet the minimum standards and related technology activities; utilization ment for space and services as determined by for security in accordance with current law survey, deed compliance inspection, ap- the General Services Administration in com- and in compliance with the reprogramming praisal, environmental and cultural analysis, pliance with the Public Buildings Amend- guidelines of the appropriate Committees of and land use planning functions pertaining ments Act of 1972 (Public Law 92–313). the House and Senate: Provided further, That to excess and surplus real property; agency- SEC. 406. Funds provided to other Govern- the difference between the funds appro- wide policy direction; Board of Contract Ap- ment agencies by the Information Tech- priated and expended on any projects in this peals; accounting, records management, and nology Fund, General Services Administra- or any prior Act, under the heading ‘‘Repairs other support services incident to adjudica- tion, under 40 U.S.C. 757 and sections 5124(b) and Alterations’’, may be transferred to tion of Indian Tribal Claims by the United and 5128 of Public Law 104–106, Information Basic Repairs and Alterations or used to States Court of Federal Claims; services as Technology Management Reform Act of 1996, fund authorized increases in prospectus authorized by 5 U.S.C. 3109; and not to exceed for performance of pilot information tech- projects: Provided further, That all funds for $5,000 for official reception and representa- nology projects which have potential for repairs and alterations prospectus projects tion expenses, $120,198,000, of which Government-wide benefits and savings, may shall expire on September 30, 2001, and re- $12,758,000 shall remain available until ex- be repaid to this Fund from any savings ac- main in the Federal Buildings Fund except pended: Provided, That of the funds provided, tually incurred by these projects or other funds for projects as to which funds for de- $2,750,000 shall be available for GSA to enter funding, to the extent feasible. sign or other funds have been obligated in into a memorandum of understanding with SEC. 407. From funds made available under whole or in part prior to such date: Provided the North Dakota State University to estab- the heading ‘‘Federal Buildings Fund Limi- further, That the amount provided in this or lish a Virtual Archive Storage Terminal. tations on Revenue’’, claims against the Government of less than $250,000 arising from any prior Act for Basic Repairs and Alter- OFFICE OF INSPECTOR GENERAL ations may be used to pay claims against the direct construction projects and acquisition For necessary expenses of the Office of In- Government arising from any projects under of buildings may be liquidated from savings spector General and services authorized by 5 the heading ‘‘Repairs and Alterations’’ or effected in other construction projects with U.S.C. 3109, $33,858,000: Provided, That not to used to fund authorized increases in pro- prior notification to the Committees on Ap- exceed $15,000 shall be available for payment spectus projects and $1,600,000 shall be avail- propriations. for information and detection of fraud able for the repairs and alterations of the SEC. 408. Funds made available for new against the Government, including payment Kansas City Federal Courthouse at 811 Grand construction projects under the heading for recovery of stolen Government property: Avenue, Kansas City, Missouri and $1,250,000 ‘‘Federal Buildings Fund, Limitations on , That not to exceed $2,500 shall be available for the repairs and alter- Provided further Availability of Revenue’’ in Public Law 104– ation of the Federal Courthouse at 40 Center shall be available for awards to employees of 208 shall remain available until expended so Street, New York, New York; (3) $205,668,000 other Federal agencies and private citizens long as funds for design or other funds have for installment acquisition payments includ- in recognition of efforts and initiatives re- been obligated in whole or in part prior to ing payments on purchase contracts which sulting in enhanced Office of Inspector Gen- September 30, 1999. SEC. 409. The Federal building located at shall remain available until expended; (4) eral effectiveness. 220 East Rosser Avenue in Bismarck, North $2,782,186,000 for rental of space which shall ALLOWANCES AND OFFICE STAFF FOR FORMER Dakota, is hereby designated as the ‘‘Wil- remain available until expended; and (5) PRESIDENTS liam L. Guy Federal Building, Post Office $1,590,183,000 for building operations which (INCLUDING TRANSFER OF FUNDS) and United States Courthouse’’. Any ref- shall remain available until expended: Pro- For carrying out the provisions of the Act erence in a law, map, regulation, document, vided further, That funds available to the of August 25, 1958, as amended (3 U.S.C. 102 paper or other record of the United States to General Services Administration shall not be note), and Public Law 95–138, $2,241,000: Pro- the Federal building herein referred to shall available for expenses of any construction, vided, That the Administrator of General be deemed to be a reference to the ‘‘William repair, alteration and acquisition project for Services shall transfer to the Secretary of L. Guy Federal Building, Post Office and which a prospectus, if required by the Public the Treasury such sums as may be necessary United States Courthouse’’. Buildings Act of 1959, as amended, has not to carry out the provisions of such Acts. SEC. 410. From the funds made available been approved, except that necessary funds under the heading ‘‘Federal Buildings Fund may be expended for each project for re- GENERAL SERVICES ADMINISTRATION—GENERAL PROVISIONS Limitations on Availability of Revenue’’, quired expenses for the development of a pro- $59,203,500 shall not be available for rental of posed prospectus: Provided further, That SEC. 401. The appropriate appropriation or space and $59,203,500 shall not be available funds available in the Federal Buildings fund available to the General Services Ad- for building operations: Provided, That the Fund may be expended for emergency repairs ministration shall be credited with the cost amounts provided under this heading for when advance approval is obtained from the of operation, protection, maintenance, up- rental of space, building operations and in Committees on Appropriations: Provided fur- keep, repair, and improvement, included as aggregate amount for the Federal Buildings ther, That amounts necessary to provide re- part of rentals received from Government Fund, are reduced accordingly. imbursable special services to other agencies corporations pursuant to law (40 U.S.C. 129). SEC. 411. CONVEYANCE OF LAND TO THE CO- under section 210(f)(6) of the Federal Prop- SEC. 402. Funds available to the General LUMBIA HOSPITAL FOR WOMEN. (a) ADMINIS- erty and Administrative Services Act of 1949, Services Administration shall be available TRATOR OF GENERAL SERVICES.—Subject to as amended (40 U.S.C. 490(f)(6)) and amounts for the hire of passenger motor vehicles. subsection (f) and such terms and conditions to provide such reimbursable fencing, light- SEC. 403. Funds in the Federal Buildings as the Administrator of General Services (in ing, guard booths, and other facilities on pri- Fund made available for fiscal year 2000 for this section referred to as the ‘‘Adminis- vate or other property not in Government Federal Buildings Fund activities may be trator’’) shall require in accordance with ownership or control as may be appropriate transferred between such activities only to this section, the Administrator shall convey to enable the United States Secret Service to the extent necessary to meet program re- to the Columbia Hospital for Women (for- perform its protective functions pursuant to quirements: Provided, That any proposed merly Columbia Hospital for Women and 18 U.S.C. 3056, shall be available from such transfers shall be approved in advance by the Lying-In Asylum; in this section referred to revenues and collections: Provided further, Committees on Appropriations. as ‘‘Columbia Hospital’’), located in Wash- That of the amount provided, $475,000 shall SEC. 404. No funds made available by this ington, District of Columbia, for $14,000,000 be available for the Plains States De-popu- Act shall be used to transmit a fiscal year plus accrued interest to be paid in accord- lation Symposium: Provided further, That 2001 request for United States Courthouse ance with the terms set forth in subsection revenues and collections and any other sums construction that: (1) does not meet the de- (d), all right, title, and interest of the United accruing to this Fund during fiscal year 2000, sign guide standards for construction as es- States in and to those pieces or parcels of excluding reimbursements under section tablished and approved by the General Serv- land in the District of Columbia, described in 210(f)(6) of the Federal Property and Admin- ices Administration, the Judicial Conference subsection (b), together with all improve- istrative Services Act of 1949 (40 U.S.C. of the United States, and the Office of Man- ments thereon and appurtenances thereto. July 13, 1999 CONGRESSIONAL RECORD — SENATE S8413

The purpose of this conveyance is to enable (C) the conditions under which the de- MERIT SYSTEMS PROTECTION BOARD the expansion by Columbia Hospital of its scribed land or interests therein may be sold, SALARIES AND EXPENSES Ambulatory Care Center, Betty Ford Breast assigned, or otherwise conveyed in order to (INCLUDING TRANSFER OF FUNDS) Center, and the Columbia Hospital Center for facilitate financing to fulfill its intended Teen Health and Reproductive Toxicology use; and For necessary expenses to carry out func- Center. (D) the consequences in the event of de- tions of the Merit Systems Protection Board pursuant to Reorganization Plan Numbered 2 (b) PROPERTY DESCRIPTION.— fault by Columbia Hospital for failing to pay of 1978 and the Civil Service Reform Act of (1) IN GENERAL.—The land referred to in all installments payments toward the total subsection (a) was conveyed to the United purchase price when due, including revision 1978, including services as authorized by 5 States of America by deed dated May 2, 1888, of the described property to the United U.S.C. 3109, rental of conference rooms in the from David Fergusson, widower, recorded in States. District of Columbia and elsewhere, hire of passenger motor vehicles, and direct pro- liber 1314, folio 102, of the land records of the (2) PAYMENT OF PURCHASE PRICE.—Columbia District of Columbia, and is that portion of Hospital shall pay the total purchase price of curement of survey printing, $27,422,000 to- square numbered 25 in the city of Wash- $14,000,000, plus accrued interest over the gether with not to exceed $2,430,000 for ad- ington in the District of Columbia which was term at a rate of 4.5 percent annually, in ministrative expenses to adjudicate retire- not previously conveyed to such hospital by equal installments of $869,000, for 29 years ment appeals to be transferred from the Civil the Act of June 28, 1952 (66 Stat. 287; chapter following the date of conveyance of the prop- Service Retirement and Disability Fund in 486). erty and receipt of the initial installment of amounts determined by the Merit Systems Protection Board. (2) PARTICULAR DESCRIPTION.—The property $869,000 by the Administrator under sub- is more particularly described as square 25, section (c)(1). Unless the full purchase price, NATIONAL ARCHIVES AND RECORDS lot 803, or as follows: all that piece or parcel plus accrued interest, is prepaid, the total ADMINISTRATION of land situated and lying in the city of amount paid for the property after 30 years OPERATING EXPENSES Washington in the District of Columbia and will be $26,070,000. For necessary expenses in connection with known as part of square numbered 25, as laid (e) TREATMENT OF AMOUNTS RECEIVED.— the administration of the National Archives down and distinguished on the plat or plan of Amounts received by the United States as (including the Information Security Over- said city as follows: beginning for the same payments under this section shall be paid sight Office) and archived Federal records at the northeast corner of the square being into the fund established by section 210(f) of and related activities, as provided by law, the corner formed by the intersection of the the Federal Property and Administrative and for expenses necessary for the review west line of Twenty-fourth Street North- Services Act of 1949 (40 U.S.C. 490(f)), and and declassification of documents, and for west, with the south line of north M Street may be expended by the Administrator for the hire of passenger motor vehicles, Northwest and running thence south with real property management and related ac- $179,738,000: Provided, That the Archivist of the line of said Twenty-fourth Street North- tivities not otherwise provided for, without the United States is authorized to use any west for the distance of two hundred and further authorization. excess funds available from the amount bor- thirty-one feet ten inches, thence running (f) REVERSIONARY INTEREST.— rowed for construction of the National Ar- west and parallel with said M Street North- (1) IN GENERAL.—The property conveyed chives facility, for expenses necessary to west for the distance of two hundred and under subsection (a) shall revert to the provide adequate storage for holdings. thirty feet six inches and running thence United States, together with any improve- ARCHIVES FACILITIES REPAIRS AND north and parallel with the line of said ments thereon— RESTORATION Twenty-fourth Street Northwest for the dis- (A) 1 year from the date on which Colum- tance of two hundred and thirty-one feet ten For the repair, alteration, and improve- bia Hospital defaults in paying to the United inches to the line of said M Street Northwest ment of archives facilities, and to provide States an annual installment payment of and running thence east with the line of said adequate storage for holdings, $21,518,000, to $869,000, when due; or M Street Northwest to the place of beginning remain available until expended. (B) immediately upon any attempt by Co- two hundred and thirty feet and six inches RECORDS CENTER REVOLVING FUND lumbia Hospital to assign, sell, or convey the together with all the improvements, ways, described property before the United States (a) There is hereby established in the easements, rights, privileges, and appur- has received full purchase price, plus accrued Treasury a revolving fund to be available for tenances to the same belonging or in any- interest. expenses and equipment necessary to provide wise appertaining. The Columbia Hospital shall execute and for storage and related services for all tem- (c) DATE OF CONVEYANCE.— provide to the Administrator such written porary and pre-archival Federal records, (1) DATE.—The date of the conveyance of instruments and assurances as the Adminis- which are to be stored or stored at Federal property required under subsection (a) shall trator may reasonably request to protect the National and Regional Records Centers by be the date upon which the Administrator interests of the United States under this sub- agencies and other instrumentalities of the receives from Columbia Hospital written no- section. Federal government. The Fund shall be tice of its exercise of the purchase option (2) RELEASE OF REVERSIONARY INTEREST.— available without fiscal year limitation for granted by this section, which notice shall The Administrator may release, upon re- expenses necessary for operation of these ac- be accompanied by the first of 30 equal in- quest, any restriction imposed on the use of tivities. stallment payments of $869,000 toward the described property for the purposes of para- (b) START-UP CAPITAL.— total purchase price of $14,000,000, plus ac- graph (1), and release any reversionary inter- (1) There is appropriated $22,000,000 as ini- crued interest. est of the United States in the property con- tial capitalization of the Fund. (2) DEADLINE FOR CONVEYANCE OF PROP- veyed under this subsection only upon re- (2) In addition, the initial capital of the ERTY.—Written notification and payment of ceipt by the United States of full payment of Fund shall include the fair and reasonable the first installment payment from Colum- the purchase price specified under subsection value at the Fund’s inception of the inven- bia Hospital under paragraph (1) shall be in- (d)(2). tories, equipment, receivables, and other as- effective, and the purchase option granted (3) PROPERTY RETURNED TO THE GENERAL sets, less the liabilities, transferred to the Columbia Hospital under this section shall SERVICES ADMINISTRATION.—Any property Fund. The Archivist of the United States is lapse, if that written notification and in- that reverts to the United States under this authorized to accept inventories, equipment, stallment payment are not received by the subsection shall be under the jurisdiction, receivables and other assets from other Fed- Administrator before the date which is 1 custody and control of the General Services eral entities that were used to provide for year after the date of enactment of this sec- Administration shall be available for use or storage and related services for temporary tion. disposition by the Administrator in accord- and pre-archival Federal records. (3) QUITCLAIM DEED.—Any conveyance of ance with applicable Federal law. (c) USER CHARGES.—The Fund shall be property to Columbia Hospital under this credited with user charges received from section shall be by quitclaim deed. SEC. 412. Notwithstanding section 1346 of other Federal government accounts as pay- (d) CONVEYANCE TERMS.— title 31, United States Code, funds made ment for providing personnel, storage, mate- (1) IN GENERAL.—The conveyance of prop- available for fiscal year 2000 by this or any rials, supplies, equipment, and services as erty required under subsection (a) shall be other Act to any department or agency, authorized by subsection (a). Such payments consistent with the terms and conditions set which is a member of the Joint Financial may be made in advance or by way of reim- forth in this section and such other terms Management Improvement Program bursement. The rates charged will return in and conditions as the Administrator deems (JFMIP) shall be available to finance an ap- full the expenses of operation, including re- to be in the interest of the United States, propriate share of JFMIP salaries and ad- serves for accrued annual leave, worker’s including— ministrative costs. compensation, depreciation of capitalized (A) the provision for the prepayment of the SEC. 413. The Administrator of General equipment and shelving, and amortization of full purchase price if mutually acceptable to Services may provide from Government-wide information technology software and sys- the parties; credit card rebates, up to $3,000,000 in sup- tems. (B) restrictions on the use of the described port of the Joint Financial Management Im- (d) FUNDS RETURNED TO MISCELLANEOUS land for use of the purposes set out in sub- provement Program as approved by the Chief RECEIPTS OF THE DEPARTMENT OF THE TREAS- section (a); Financial Officers Council. URY.— S8414 CONGRESSIONAL RECORD — SENATE July 13, 1999 (1) In addition to funds appropriated to and $4,000,000 shall remain available until ex- authorized by 5 U.S.C. 3109, payment of fees assets transferred to the Fund in subsection pended for the cost of automating the retire- and expenses for witnesses, rental of con- (b), an amount not to exceed 4 percent of the ment recordkeeping systems: Provided, That ference rooms in the District of Columbia total annual income may be retained in the the provisions of this appropriation shall not and elsewhere, and hire of passenger motor Fund as an operating reserve or for the re- affect the authority to use applicable trust vehicles; $9,689,000. placement or acquisition of capital equip- funds as provided by sections 8348(a)(1)(B) UNITED STATES TAX COURT ment, including shelving, and the improve- and 8909(g) of title 5, United States Code: SALARIES AND EXPENSES ment and implementation of NARA’s finan- Provided further, That no part of this appro- cial management, information technology, priation shall be available for salaries and For necessary expenses, including contract and other support systems. expenses of the Legal Examining Unit of the reporting and other services as authorized by (2) Funds in excess of the 4 percent at the Office of Personnel Management established 5 U.S.C. 3109, $34,179,000: Provided, That trav- close of each fiscal year shall be returned to pursuant to Executive Order No. 9358 of July el expenses of the judges shall be paid upon the Treasury of the United States as mis- 1, 1943, or any successor unit of like purpose: the written certificate of the judge. cellaneous receipts. Provided further, That the President’s Com- This title may be cited as the ‘‘Inde- (e) REPORTING REQUIREMENT.—The Na- mission on White House Fellows, established pendent Agencies Appropriations Act, 2000’’. tional Archives and Records Administration by Executive Order No. 11183 of October 3, TITLE V—GENERAL PROVISIONS shall provide quarterly reports to the Com- 1964, may, during the fiscal year ending Sep- THIS ACT mittees on Appropriations and Govern- tember 30, 2000, accept donations of money, SEC. 501. No part of any appropriation con- mental Affairs of the Senate, and the Com- property, and personal services in connection tained in this Act shall remain available for mittees on Appropriations and Government with the development of a publicity brochure obligation beyond the current fiscal year un- Reform of the House of Representatives on to provide information about the White less expressly so provided herein. the operation of the Records Center Revolv- House Fellows, except that no such dona- SEC. 502. The expenditure of any appropria- ing Fund. tions shall be accepted for travel or reim- tion under this Act for any consulting serv- NATIONAL HISTORICAL PUBLICATIONS AND bursement of travel expenses, or for the sala- ice through procurement contract, pursuant RECORDS COMMISSION ries of employees of such Commission. to 5 U.S.C. 3109, shall be limited to those GRANTS PROGRAM OFFICE OF INSPECTOR GENERAL contracts where such expenditures are a (INCLUDING RESCISSION OF FUNDS) SALARIES AND EXPENSES matter of public record and available for public inspection, except where otherwise For necessary expenses for allocations and (INCLUDING TRANSFER OF TRUST FUNDS) grants for historical publications and records provided under existing law, or under exist- For necessary expenses of the Office of In- ing Executive order issued pursuant to exist- as authorized by 44 U.S.C. 2504, as amended, spector General in carrying out the provi- $6,250,000, to remain available until ex- ing law. sions of the Inspector General Act, as SEC. 503. None of the funds made available pended: Provided, That of the funds appro- amended, including services as authorized by by this Act shall be available for any activ- priated under this heading in Public Law 5 U.S.C. 3109, hire of passenger motor vehi- ity or for paying the salary of any Govern- 105–277, $3,800,000 are rescinded: Provided fur- cles, $960,000; and in addition, not to exceed ment employee where funding an activity or ther, That the Treasury and General Govern- $9,645,000 for administrative expenses to paying a salary to a Government employee ment Appropriations Act, 1999 (as contained audit, investigate, and provide other over- would result in a decision, determination, in division A, section 101(h), of the Omnibus sight of the Office of Personnel Manage- rule, regulation, or policy that would pro- Consolidated and Emergency Supplemental ment’s retirement and insurance programs, hibit the enforcement of section 307 of the Appropriations Act, 1999 (Public Law 105– to be transferred from the appropriate trust Tariff Act of 1930. 277)) is amended in Title IV, under the head- funds of the Office of Personnel Manage- SEC. 504. None of the funds made available ing ‘‘National Historical Publications and ment, as determined by the Inspector Gen- by this Act shall be available in fiscal year Records Commission, Grants Program’’ by eral: Provided, That the Inspector General is 2000 for the purpose of transferring control striking the proviso. authorized to rent conference rooms in the over the Federal Law Enforcement Training OFFICE OF GOVERNMENT ETHICS District of Columbia and elsewhere. Center located at Glynco, Georgia, and SALARIES AND EXPENSES GOVERNMENT PAYMENT FOR ANNUITANTS, Artesia, New Mexico, out of the Department For necessary expenses to carry out func- EMPLOYEES HEALTH BENEFITS of the Treasury. tions of the Office of Government Ethics pur- For payment of Government contributions SEC. 505. No part of any appropriation con- suant to the Ethics in Government Act of with respect to retired employees, as author- tained in this Act shall be available to pay 1978, as amended and the Ethics Reform Act ized by chapter 89 of title 5, United States the salary for any person filling a position, of 1989, including services as authorized by 5 Code, and the Retired Federal Employees other than a temporary position, formerly U.S.C. 3109, rental of conference rooms in the Health Benefits Act (74 Stat. 849), as amend- held by an employee who has left to enter District of Columbia and elsewhere, hire of ed, such sums as may be necessary. the Armed Forces of the United States and has satisfactorily completed his period of ac- passenger motor vehicles, and not to exceed GOVERNMENT PAYMENT FOR ANNUITANTS, tive military or naval service, and has with- $1,500 for official reception and representa- EMPLOYEE LIFE INSURANCE tion expenses, $9,071,000. in 90 days after his release from such service For payment of Government contributions OFFICE OF PERSONNEL MANAGEMENT or from hospitalization continuing after dis- with respect to employees retiring after De- charge for a period of not more than 1 year, SALARIES AND EXPENSES cember 31, 1989, as required by chapter 87 of made application for restoration to his (INCLUDING TRANSFER OF TRUST FUNDS) title 5, United States Code, such sums as former position and has been certified by the For necessary expenses to carry out func- may be necessary. Office of Personnel Management as still tions of the Office of Personnel Management PAYMENT TO CIVIL SERVICE RETIREMENT AND qualified to perform the duties of his former pursuant to Reorganization Plan Numbered 2 DISABILITY FUND position and has not been restored thereto. of 1978 and the Civil Service Reform Act of For financing the unfunded liability of new SEC. 506. No funds appropriated pursuant to 1978, including services as authorized by 5 and increased annuity benefits becoming ef- this Act may be expended by an entity un- U.S.C. 3109; medical examinations performed fective on or after October 20, 1969, as au- less the entity agrees that in expending the for veterans by private physicians on a fee thorized by 5 U.S.C. 8348, and annuities under assistance the entity will comply with sec- basis; rental of conference rooms in the Dis- special Acts to be credited to the Civil Serv- tions 2 through 4 of the Act of March 3, 1933 trict of Columbia and elsewhere; hire of pas- ice Retirement and Disability Fund, such (41 U.S.C. 10a–10c, popularly known as the senger motor vehicles; not to exceed $2,500 sums as may be necessary: Provided, That an- ‘‘Buy American Act’’). for official reception and representation ex- nuities authorized by the Act of May 29, 1944, SEC. 507. (a) PURCHASE OF AMERICAN-MADE penses; advances for reimbursements to ap- as amended, and the Act of August 19, 1950, EQUIPMENT AND PRODUCTS.—In the case of plicable funds of the Office of Personnel as amended (33 U.S.C. 771–775), may hereafter any equipment or products that may be au- Management and the Federal Bureau of In- be paid out of the Civil Service Retirement thorized to be purchased with financial as- vestigation for expenses incurred under Ex- and Disability Fund. sistance provided under this Act, it is the ecutive Order No. 10422 of January 9, 1953, as sense of the Congress that entities receiving OFFICE OF SPECIAL COUNSEL amended; and payment of per diem and/or such assistance should, in expending the as- subsistence allowances to employees where SALARIES AND EXPENSES sistance, purchase only American-made Voting Rights Act activities require an em- For necessary expenses to carry out func- equipment and products. ployee to remain overnight at his or her post tions of the Office of Special Counsel pursu- (b) NOTICE TO RECIPIENTS OF ASSISTANCE.— of duty, $91,584,000; and in addition $95,486,000 ant to Reorganization Plan Numbered 2 of In providing financial assistance under this for administrative expenses, to be trans- 1978, the Civil Service Reform Act of 1978 Act, the Secretary of the Treasury shall pro- ferred from the appropriate trust funds of (Public Law 95–454), the Whistleblower Pro- vide to each recipient of the assistance a no- the Office of Personnel Management without tection Act of 1989 (Public Law 101–12), Pub- tice describing the statement made in sub- regard to other statutes, including direct lic Law 103–424, and the Uniformed Services section (a) by the Congress. procurement of printed materials, for the re- Employment and Reemployment Act of 1994 SEC. 508. If it has been finally determined tirement and insurance programs, of which (Public Law 103–353), including services as by a court or Federal agency that any person July 13, 1999 CONGRESSIONAL RECORD — SENATE S8415 intentionally affixed a label bearing a ‘‘Made $8,100 except station wagons for which the cilities which constitute public improve- in America’’ inscription, or any inscription maximum shall be $9,100: Provided, That ments performed in accordance with the with the same meaning, to any product sold these limits may be exceeded by not to ex- Public Buildings Act of 1959 (73 Stat. 749), in or shipped to the United States that is not ceed $3,700 for police-type vehicles, and by the Public Buildings Amendments of 1972 (87 made in the United States, such person shall not to exceed $4,000 for special heavy-duty Stat. 216), or other applicable law. be ineligible to receive any contract or sub- vehicles: Provided further, That the limits set SEC. 607. In addition to funds provided in contract made with funds provided pursuant forth in this section may not be exceeded by this or any other Act, all Federal agencies to this Act, pursuant to the debarment, sus- more than 5 percent for electric or hybrid ve- are authorized to receive and use funds re- pension, and ineligibility procedures de- hicles purchased for demonstration under sulting from the sale of materials, including scribed in sections 9.400 through 9.409 of title the provisions of the Electric and Hybrid Ve- Federal records disposed of pursuant to a 48, Code of Federal Regulations. hicle Research, Development, and Dem- records schedule recovered through recycling SEC. 509. Except as otherwise specifically onstration Act of 1976: Provided further, That or waste prevention programs. Such funds provided by law, not to exceed 50 percent of the limits set forth in this section may be shall be available until expended for the fol- unobligated balances remaining available at exceeded by the incremental cost of clean al- lowing purposes: the end of fiscal year 2000 from appropria- ternative fuels vehicles acquired pursuant to (1) Acquisition, waste reduction and pre- tions made available for salaries and ex- Public Law 101–549 over the cost of com- vention, and recycling programs as described penses for fiscal year 2000 in this Act, shall parable conventionally fueled vehicles. in Executive Order No. 13101 (September 14, remain available through September 30, 2001, SEC. 604. Appropriations of the executive 1998), including any such programs adopted for each such account for the purposes au- departments and independent establishments prior to the effective date of the Executive thorized: Provided, That a request shall be for the current fiscal year available for ex- order. submitted to the Committees on Appropria- penses of travel, or for the expenses of the (2) Other Federal agency environmental tions for approval prior to the expenditure of activity concerned, are hereby made avail- management programs, including, but not such funds: Provided further, That these re- able for quarters allowances and cost-of-liv- limited to, the development and implemen- quests shall be made in compliance with re- ing allowances, in accordance with 5 U.S.C. tation of hazardous waste management and programming guidelines. 5922–5924. pollution prevention programs. EC SEC. 510. None of the funds made available S . 605. Unless otherwise specified during (3) Other employee programs as authorized in this Act may be used by the Executive Of- the current fiscal year, no part of any appro- by law or as deemed appropriate by the head fice of the President to request from the Fed- priation contained in this or any other Act of the Federal agency. eral Bureau of Investigation any official shall be used to pay the compensation of any SEC. 608. Funds made available by this or background investigation report on any indi- officer or employee of the Government of the any other Act for administrative expenses in vidual, except when it is made known to the United States (including any agency the ma- the current fiscal year of the corporations jority of the stock of which is owned by the Federal official having authority to obligate and agencies subject to chapter 91 of title 31, Government of the United States) whose or expend such funds that— United States Code, shall be available, in ad- post of duty is in the continental United (1) such individual has given his or her ex- dition to objects for which such funds are States unless such person: (1) is a citizen of press written consent for such request not otherwise available, for rent in the District the United States; (2) is a person in the serv- more than 6 months prior to the date of such of Columbia; services in accordance with 5 ice of the United States on the date of enact- request and during the same presidential ad- U.S.C. 3109; and the objects specified under ment of this Act who, being eligible for citi- ministration; or this head, all the provisions of which shall be zenship, has filed a declaration of intention (2) such request is required due to extraor- applicable to the expenditure of such funds to become a citizen of the United States dinary circumstances involving national se- unless otherwise specified in the Act by prior to such date and is actually residing in curity. which they are made available: Provided, the United States; (3) is a person who owes SEC. 511. INVENTORY OF FEDERAL GRANT That in the event any functions budgeted as allegiance to the United States; (4) is an PROGRAMS. The Director of the Office of administrative expenses are subsequently alien from Cuba, Poland, South Vietnam, the Management and Budget shall prepare an in- transferred to or paid from other funds, the countries of the former Soviet Union, or the ventory of existing Federal grant programs limitations on administrative expenses shall Baltic countries lawfully admitted to the after consulting each agency that admin- be correspondingly reduced. United States for permanent residence; (5) is isters Federal grant programs including for- SEC. 609. No part of any appropriation for a South Vietnamese, Cambodian, or Laotian mula funds, competitive grant funds, block the current fiscal year contained in this or refugee paroled in the United States after grant funds, and direct payments. The inven- any other Act shall be paid to any person for January 1, 1975; or (6) is a national of the tory shall include the name of the program, the filling of any position for which he or she People’s Republic of China who qualifies for a copy of relevant statutory and regulatory has been nominated after the Senate has adjustment of status pursuant to the Chinese guidelines, the funding level in fiscal year voted not to approve the nomination of said Student Protection Act of 1992: Provided, 1999, a list of the eligibility criteria both person. That for the purpose of this section, an affi- statutory and regulatory, and a copy of the SEC. 610. No part of any appropriation con- davit signed by any such person shall be con- application form. The Director shall submit tained in this or any other Act shall be sidered prima facie evidence that the re- the inventory no later than six months after available for interagency financing of boards quirements of this section with respect to enactment to the Committees on Appropria- (except Federal Executive Boards), commis- his or her status have been complied with: tions and relevant authorizing committees. sions, councils, committees, or similar Provided further, That any person making a groups (whether or not they are interagency TITLE VI—GENERAL PROVISIONS false affidavit shall be guilty of a felony, entities) which do not have a prior and spe- DEPARTMENTS, AGENCIES, AND CORPORATIONS and, upon conviction, shall be fined no more cific statutory approval to receive financial SEC. 601. Funds appropriated in this or any than $4,000 or imprisoned for not more than support from more than one agency or in- other Act may be used to pay travel to the 1 year, or both: Provided further, That the strumentality. United States for the immediate family of above penal clause shall be in addition to, SEC. 611. Funds made available by this or employees serving abroad in cases of death and not in substitution for, any other provi- any other Act to the Postal Service Fund (39 or life threatening illness of said employee. sions of existing law: Provided further, That U.S.C. 2003) shall be available for employ- SEC. 602. No department, agency, or instru- any payment made to any officer or em- ment of guards for all buildings and areas mentality of the United States receiving ap- ployee contrary to the provisions of this sec- owned or occupied by the Postal Service and propriated funds under this or any other Act tion shall be recoverable in action by the under the charge and control of the Postal for fiscal year 2000 shall obligate or expend Federal Government. This section shall not Service, and such guards shall have, with re- any such funds, unless such department, apply to citizens of Ireland, Israel, or the Re- spect to such property, the powers of special agency, or instrumentality has in place, and public of the Philippines, or to nationals of policemen provided by the first section of will continue to administer in good faith, a those countries allied with the United States the Act of June 1, 1948, as amended (62 Stat. written policy designed to ensure that all of in a current defense effort, or to inter- 281; 40 U.S.C. 318), and, as to property owned its workplaces are free from the illegal use, national broadcasters employed by the or occupied by the Postal Service, the Post- possession, or distribution of controlled sub- United States Information Agency, or to master General may take the same actions stances (as defined in the Controlled Sub- temporary employment of translators, or to as the Administrator of General Services stances Act) by the officers and employees of temporary employment in the field service may take under the provisions of sections 2 such department, agency, or instrumen- (not to exceed 60 days) as a result of emer- and 3 of the Act of June 1, 1948, as amended tality. gencies. (62 Stat. 281; 40 U.S.C. 318a and 318b), attach- SEC. 603. Unless otherwise specifically pro- SEC. 606. Appropriations available to any ing thereto penal consequences under the au- vided, the maximum amount allowable dur- department or agency during the current fis- thority and within the limits provided in ing the current fiscal year in accordance cal year for necessary expenses, including section 4 of the Act of June 1, 1948, as amend- with section 16 of the Act of August 2, 1946 maintenance or operating expenses, shall ed (62 Stat. 281; 40 U.S.C. 318c). (60 Stat. 810), for the purchase of any pas- also be available for payment to the General SEC. 612. None of the funds made available senger motor vehicle (exclusive of buses, am- Services Administration for charges for pursuant to the provisions of this Act shall bulances, law enforcement, and undercover space and services and those expenses of ren- be used to implement, administer, or enforce surveillance vehicles), is hereby fixed at ovation and alteration of buildings and fa- any regulation which has been disapproved S8416 CONGRESSIONAL RECORD — SENATE July 13, 1999 pursuant to a resolution of disapproval duly other officer or civilian employee of the Gov- the Civil Rights Act of 1964, as amended, the adopted in accordance with the applicable ernment appointed by the President of the Age Discrimination in Employment Act of law of the United States. United States, holds office, no funds may be 1967, and the Rehabilitation Act of 1973. SEC. 613. (a) Notwithstanding any other obligated or expended in excess of $5,000 to SEC. 619. No part of any appropriation con- provision of law, and except as otherwise furnish or redecorate the office of such de- tained in this Act may be used to pay for the provided in this section, no part of any of the partment head, agency head, officer, or em- expenses of travel of employees, including funds appropriated for fiscal year 2000, by ployee, or to purchase furniture or make im- employees of the Executive Office of the this or any other Act, may be used to pay provements for any such office, unless ad- President, not directly responsible for the any prevailing rate employee described in vance notice of such furnishing or redecora- discharge of official governmental tasks and section 5342(a)(2)(A) of title 5, United States tion is expressly approved by the Commit- duties: Provided, That this restriction shall Code— tees on Appropriations. For the purposes of not apply to the family of the President, (1) during the period from the date of expi- this section, the word ‘‘office’’ shall include Members of Congress or their spouses, Heads ration of the limitation imposed by section the entire suite of offices assigned to the in- of State of a foreign country or their des- 614 of the Treasury and General Government dividual, as well as any other space used pri- ignees, persons providing assistance to the Appropriations Act, 1999, until the normal marily by the individual or the use of which President for official purposes, or other indi- effective date of the applicable wage survey is directly controlled by the individual. viduals so designated by the President. adjustment that is to take effect in fiscal SEC. 615. Notwithstanding any other provi- SEC. 620. None of the funds appropriated in year 2000, in an amount that exceeds the rate sion of law, no executive branch agency shall this or any other Act shall be used to acquire payable for the applicable grade and step of purchase, construct, and/or lease any addi- information technologies which do not com- the applicable wage schedule in accordance tional facilities, except within or contiguous ply with part 39.106 (Year 2000 compliance) of with such section 614; and to existing locations, to be used for the pur- the Federal Acquisition Regulation, unless (2) during the period consisting of the re- pose of conducting Federal law enforcement an agency’s Chief Information Officer deter- mainder of fiscal year 2000, in an amount training without the advance approval of the mines that noncompliance with part 39.106 is that exceeds, as a result of a wage survey ad- Committees on Appropriations, except that necessary to the function and operation of justment, the rate payable under paragraph the Federal Law Enforcement Training Cen- the requesting agency or the acquisition is (1) by more than the sum of— ter is authorized to obtain the temporary use required by a signed contract with the agen- (A) the percentage adjustment taking ef- of additional facilities by lease, contract, or cy in effect before the date of enactment of fect in fiscal year 2000 under section 5303 of other agreement for training which cannot this Act. Any waiver granted by the Chief In- title 5, United States Code, in the rates of be accommodated in existing Center facili- formation Officer shall be reported to the Of- pay under the General Schedule; and ties. fice of Management and Budget, and copies (B) the difference between the overall aver- SEC. 616. Notwithstanding section 1346 of shall be provided to Congress. age percentage of the locality-based com- title 31, United States Code, or section 610 of SEC. 621. None of the funds made available parability payments taking effect in fiscal this Act, funds made available for fiscal year in this Act for the United States Customs year 2000 under section 5304 of such title 2000 by this or any other Act shall be avail- Service may be used to allow the importa- (whether by adjustment or otherwise), and able for the interagency funding of national tion into the United States of any good, the overall average percentage of such pay- security and emergency preparedness tele- ware, article, or merchandise mined, pro- ments which was effective in fiscal year 1999 communications initiatives which benefit duced, or manufactured by forced or inden- under such section. multiple Federal departments, agencies, or tured child labor, as determined pursuant to (b) Notwithstanding any other provision of entities, as provided by Executive Order No. section 307 of the Tariff Act of 1930 (19 U.S.C. law, no prevailing rate employee described in 12472 (April 3, 1984). 1307). subparagraph (B) or (C) of section 5342(a)(2) SEC. 617. (a) None of the funds appropriated SEC. 622. No part of any appropriation con- of title 5, United States Code, and no em- by this or any other Act may be obligated or tained in this or any other Act shall be ployee covered by section 5348 of such title, expended by any Federal department, agen- available for the payment of the salary of may be paid during the periods for which cy, or other instrumentality for the salaries any officer or employee of the Federal Gov- subsection (a) is in effect at a rate that ex- or expenses of any employee appointed to a ernment, who— ceeds the rates that would be payable under position of a confidential or policy-deter- (1) prohibits or prevents, or attempts or subsection (a) were subsection (a) applicable mining character excepted from the competi- threatens to prohibit or prevent, any other to such employee. tive service pursuant to section 3302 of title officer or employee of the Federal Govern- (c) For the purposes of this section, the 5, United States Code, without a certifi- ment from having any direct oral or written rates payable to an employee who is covered cation to the Office of Personnel Manage- communication or contact with any Member, by this section and who is paid from a sched- ment from the head of the Federal depart- committee, or subcommittee of the Congress ule not in existence on September 30, 1999, ment, agency, or other instrumentality em- in connection with any matter pertaining to shall be determined under regulations pre- ploying the Schedule C appointee that the the employment of such other officer or em- scribed by the Office of Personnel Manage- Schedule C position was not created solely or ployee or pertaining to the department or ment. primarily in order to detail the employee to agency of such other officer or employee in (d) Notwithstanding any other provision of the White House. any way, irrespective of whether such com- law, rates of premium pay for employees sub- (b) The provisions of this section shall not munication or contact is at the initiative of ject to this section may not be changed from apply to Federal employees or members of such other officer or employee or in response the rates in effect on September 30, 1999, ex- the armed services detailed to or from— to the request or inquiry of such Member, cept to the extent determined by the Office (1) the Central Intelligence Agency; committee, or subcommittee; or of Personnel Management to be consistent (2) the National Security Agency; (2) removes, suspends from duty without with the purpose of this section. (3) the Defense Intelligence Agency; pay, demotes, reduces in rank, seniority, sta- (e) This section shall apply with respect to (4) the offices within the Department of tus, pay, or performance of efficiency rating, pay for service performed after September Defense for the collection of specialized na- denies promotion to, relocates, reassigns, 30, 1999. tional foreign intelligence through recon- (f) For the purpose of administering any transfers, disciplines, or discriminates in re- naissance programs; provision of law (including any rule or regu- gard to any employment right, entitlement, lation that provides premium pay, retire- (5) the Bureau of Intelligence and Research or benefit, or any term or condition of em- ment, life insurance, or any other employee of the Department of State; ployment of, any other officer or employee benefit) that requires any deduction or con- (6) any agency, office, or unit of the Army, of the Federal Government, or attempts or tribution, or that imposes any requirement Navy, Air Force, and Marine Corps, the Fed- threatens to commit any of the foregoing ac- or limitation on the basis of a rate of salary eral Bureau of Investigation and the Drug tions with respect to such other officer or or basic pay, the rate of salary or basic pay Enforcement Administration of the Depart- employee, by reason of any communication payable after the application of this section ment of Justice, the Department of Trans- or contact of such other officer or employee shall be treated as the rate of salary or basic portation, the Department of the Treasury, with any Member, committee, or sub- pay. and the Department of Energy performing committee of the Congress as described in (g) Nothing in this section shall be consid- intelligence functions; and paragraph (1). ered to permit or require the payment to any (7) the Director of Central Intelligence. SEC. 623. Section 627(b) of the Treasury and employee covered by this section at a rate in SEC. 618. No department, agency, or instru- General Government Appropriations Act, excess of the rate that would be payable were mentality of the United States receiving ap- 1999 (as contained in section 101(h) of divi- this section not in effect. propriated funds under this or any other Act sion A of Public Law 105–277) is amended by (h) The Office of Personnel Management for fiscal year 2000 shall obligate or expend striking ‘‘Notwithstanding’’ and inserting may provide for exceptions to the limita- any such funds, unless such department, the following: ‘‘Effective on the date of the tions imposed by this section if the Office de- agency, or instrumentality has in place, and enactment of this Act and thereafter, and termines that such exceptions are necessary will continue to administer in good faith, a notwithstanding’’. to ensure the recruitment or retention of written policy designed to ensure that all of SEC. 624. Notwithstanding any provision of qualified employees. its workplaces are free from discrimination law, the President, or his designee, must cer- SEC. 614. During the period in which the and sexual harassment and that all of its tify to Congress, annually, that no person or head of any department or agency, or any workplaces are not in violation of title VII of persons with direct or indirect responsibility July 13, 1999 CONGRESSIONAL RECORD — SENATE S8417 for administering the Executive Office of the agency of the executive branch, other than (3) shall not include the General Account- President’s Drug-Free Workplace Plan are for normal and recognized executive-legisla- ing Office. themselves subject to a program of indi- tive relationships, for publicity or propa- (b) Unless authorized in accordance with vidual random drug testing. ganda purposes, and for the preparation, dis- law or regulations to use such time for other SEC. 625. (a) None of the funds made avail- tribution or use of any kit, pamphlet, book- purposes, an employee of an agency shall use able in this or any other Act may be obli- let, publication, radio, television or film official time in an honest effort to perform gated or expended for any employee training presentation designed to support or defeat official duties. An employee not under a that— legislation pending before the Congress, ex- leave system, including a Presidential ap- (1) does not meet identified needs for cept in presentation to the Congress itself. pointee exempted under section 6301(2) of knowledge, skills, and abilities bearing di- SEC. 628. (a) IN GENERAL.—For calendar title 5, United States Code, has an obligation rectly upon the performance of official du- year 2001, the Director of the Office of Man- to expend an honest effort and a reasonable ties; agement and Budget shall prepare and sub- proportion of such employee’s time in the (2) contains elements likely to induce high mit to Congress, with the budget submitted performance of official duties. levels of emotional response or psychological under section 1105 of title 31, United States SEC. 634. (a) None of the funds appropriated stress in some participants; Code, an accounting statement and associ- by this Act may be used to enter into or (3) does not require prior employee notifi- ated report containing— renew a contract which includes a provision cation of the content and methods to be used (1) an estimate of the total annual costs providing prescription drug coverage, except in the training and written end of course and benefits (including quantifiable and non- where the contract also includes a provision evaluation; quantifiable effects) of Federal rules and pa- for contraceptive coverage. (4) contains any methods or content associ- perwork, to the extent feasible— (b) Nothing in this section shall apply to a ated with religious or quasi-religious belief (A) in the aggregate; contract with— systems or ‘‘new age’’ belief systems as de- (B) by agency and agency program; and (1) any of the following religious plans: fined in Equal Employment Opportunity (C) by major rule; (A) Providence Health Plan; Commission Notice N–915.022, dated Sep- (2) an analysis of impacts of Federal regu- (B) Personal Care’s HMO; tember 2, 1988; or lation on State, local, and tribal govern- (C) Care Choices; (5) is offensive to, or designed to change, ment, small business, wages, and economic (D) OSF Health Plans, Inc.; participants’ personal values or lifestyle out- growth; and (E) Yellowstone Community Health Plan; side the workplace. (3) recommendations for reform. and (b) Nothing in this section shall prohibit, (b) NOTICE.—The Director of the Office of (2) any existing or future plan, if the plan restrict, or otherwise preclude an agency Management and Budget shall provide public objects to such coverage on the basis of reli- from conducting training bearing directly notice and an opportunity to comment on gious beliefs. upon the performance of official duties. the statement and report under subsection (c) In implementing this section, any plan SEC. 626. No funds appropriated in this or (a) before the statement and report are sub- that enters into or renews a contract under any other Act for fiscal year 2000 may be mitted to Congress. this section may not subject any individual used to implement or enforce the agreements (c) GUIDELINES.—To implement this sec- to discrimination on the basis that the indi- in Standard Forms 312 and 4355 of the Gov- tion, the Director of the Office of Manage- vidual refuses to prescribe contraceptives be- ernment or any other nondisclosure policy, ment and Budget shall issue guidelines to cause such activities would be contrary to form, or agreement if such policy, form, or agencies to standardize— the individual’s religious beliefs or moral agreement does not contain the following (1) measures of costs and benefits; and convictions. provisions: ‘‘These restrictions are con- (2) the format of accounting statements. (d) Nothing in this section shall be con- sistent with and do not supersede, conflict (d) PEER REVIEW.—The Director of the Of- strued to require coverage of abortion or with, or otherwise alter the employee obliga- fice of Management and Budget shall provide abortion-related services. tions, rights, or liabilities created by Execu- for independent and external peer review of SEC. 635. FEDERAL FUNDS IDENTIFIED. Any tive Order No. 12958; section 7211 of title 5, the guidelines and each accounting state- request for proposals, solicitation, grant ap- United States Code (governing disclosures to ment and associated report under this sec- plication, form, notification, press release, Congress); section 1034 of title 10, United tion. Such peer review shall not be subject to or other publications involving the distribu- States Code, as amended by the Military the Federal Advisory Committee Act (5 tion of Federal funds shall indicate the agen- Whistleblower Protection Act (governing U.S.C. App.). cy providing the funds and the amount pro- disclosure to Congress by members of the SEC. 629. None of the funds appropriated by vided. This provision shall apply to direct military); section 2302(b)(8) of title 5, United this Act or any other Act, may be used by an payments, formula funds, and grants re- States Code, as amended by the Whistle- agency to provide a Federal employee’s ceived by a State receiving Federal funds. blower Protection Act (governing disclosures home address to any labor organization ex- SEC. 636. (a) Congress finds that— of illegality, waste, fraud, abuse or public cept when it is made known to the Federal (1) the Veterans of Foreign Wars of the health or safety threats); the Intelligence official having authority to obligate or ex- United States (in this section referred to as Identities Protection Act of 1982 (50 U.S.C. pend such funds that the employee has au- the ‘‘VFW’’), which was formed by veterans 421 et seq.) (governing disclosures that could thorized such disclosure or when such disclo- of the Spanish-American War and the Phil- expose confidential Government agents); and sure has been ordered by a court of com- ippine Insurrection to help secure rights and the statutes which protect against disclosure petent jurisdiction. benefits for their service, will be celebrating that may compromise the national security, SEC. 630. The Secretary of the Treasury is its 100th anniversary in 1999; including sections 641, 793, 794, 798, and 952 of authorized to establish scientific certifi- (2) members of the VFW have fought, bled, title 18, United States Code, and section 4(b) cation standards for explosives detection ca- and died in every war, conflict, police action, of the Subversive Activities Act of 1950 (50 nines, and shall provide, on a reimbursable and military intervention in which the U.S.C. 783(b)). The definitions, requirements, basis, for the certification of explosives de- United States has engaged during this cen- obligations, rights, sanctions, and liabilities tection canines employed by Federal agen- tury; created by said Executive order and listed cies, or other agencies providing explosives (3) over its history, the VFW has ably rep- statutes are incorporated into this agree- detection services at airports in the United resented the interests of veterans in Con- ment and are controlling.’’: Provided, That States. gress and State Legislatures across the Na- notwithstanding the preceding paragraph, a SEC. 631. None of the funds made available tion and established a network of trained nondisclosure policy form or agreement that in this Act or any other Act may be used to service officers who, at no charge, have is to be executed by a person connected with provide any non-public information such as helped millions of veterans and their depend- the conduct of an intelligence or intel- mailing or telephone lists to any person or ents to secure the education, disability com- ligence-related activity, other than an em- any organization outside of the Federal Gov- pensation, pension, and health care benefits ployee or officer of the United States Gov- ernment without the approval of the Com- they are rightfully entitled to receive as a ernment, may contain provisions appropriate mittees on Appropriations. result of the military service performed by to the particular activity for which such doc- SEC. 632. No part of any appropriation con- those veterans: ument is to be used. Such form or agreement tained in this or any other Act shall be used (4) the VFW has also been deeply involved shall, at a minimum, require that the person for publicity or propaganda purposes within in national education projects, awarding will not disclose any classified information the United States not heretofore authorized nearly $2,700,000 in scholarships annually, as received in the course of such activity unless by the Congress. well as countless community projects initi- specifically authorized to do so by the SEC. 633. (a) In this section the term ated by its 10,000 posts; and United States Government. Such nondisclo- ‘‘agency’’— (5) the United States Postal Service has sure forms shall also make it clear that they (1) means an Executive agency as defined issued commemorative postage stamps hon- do not bar disclosures to Congress or to an under section 105 of title 5, United States oring the VFW’s 50th and 75th anniversaries, authorized official of an executive agency or Code; respectively. the Department of Justice that are essential (2) includes a military department as de- (b) Therefore, it is the sense of the Senate to reporting a substantial violation of law. fined under section 102 of such title, the that the United States Postal Service is en- SEC. 627. No part of any funds appropriated Postal Service, and the Postal Rate Commis- couraged to issue a commemorative postage in this or any other Act shall be used by an sion; and stamp in honor of the 100th anniversary of S8418 CONGRESSIONAL RECORD — SENATE July 13, 1999

the founding of the Veterans of Foreign Wars ‘‘(8) REPORT ON OUTCOME OF WELFARE RE- (c) TOTAL TAX PAYMENTS.—For purposes of of the United States. FORM FOR STATES NOT PARTICIPATING IN BONUS this section, total tax payments of an indi- SEC. 637. No funds appropriated by this Act GRANTS UNDER SECTION 403(a)(4).— vidual for any taxable year are— shall be available to pay for an abortion, or ‘‘(A) IN GENERAL.—In the case of a State (1) the tax imposed by subtitle A of the In- the administrative expenses in connection which does not participate in the procedure ternal Revenue Code of 1986 for such taxable with any health plan under the Federal em- for awarding grants under section 403(a)(4) year (as shown on his return), and ployees health benefit program which pro- pursuant to regulations prescribed by the (2) the tax imposed by section 3101 of such vides any benefits or coverage for abortions. Secretary, the report required by paragraph Code on wages received during such taxable (1) for a fiscal quarter shall include data re- year. SEC. 638. The provision of section 637 shall garding the characteristics and well-being of (d) CONTENT OF TAX RECEIPT.— not apply where the life of the mother would former recipients of assistance under the (1) MAJOR EXPENDITURE CATEGORIES.—For be endangered if the fetus were carried to State program funded under this title for an purposes of subsection (a), the major expend- term, or the pregnancy is the result of an act appropriate period of time after such recipi- iture categories are: of rape or incest. ent has ceased receiving such assistance. (A) National defense. SEC. 639. EVALUATION OF OUTCOME OF WEL- ‘‘(B) CONTENTS.—The data required under (B) International affairs. FARE REFORM AND FORMULA FOR BONUSES TO subparagraph (A) shall consist of informa- (C) Medicaid. HIGH PERFORMANCE STATES. (a) ADDITIONAL tion regarding former recipients, including— (D) Medicare. MEASURES OF STATE PERFORMANCE.—Section ‘‘(i) employment status; (E) Means-tested entitlements. 403(a)(4)(C) of the Social Security Act (42 ‘‘(ii) job retention; (F) Domestic discretionary. U.S.C. 603(a)(4)(C)) is amended— ‘‘(iii) poverty status; (G) Social Security. (1) by striking ‘‘Not later’’ and inserting ‘‘(iv) receipt of food stamps, medical as- (H) Interest payments. the following: sistance under the State plan approved under (I) All other. ‘‘(i) IN GENERAL.—Not later’’; title XIX or child health assistance under (2) OTHER ITEMS ON RECEIPT.— (2) by inserting ‘‘The formula shall provide title XXI, or subsidized child care; (A) IN GENERAL.—In addition, the tax re- for the awarding of grants under this para- ‘‘(v) accessibility of child care and child ceipt shall include selected examples of more graph based on criteria contained in clause care cost; and specific expenditure items, including the (ii) and in accordance with clauses (iii), (iv), ‘‘(vi) measures of hardship, including lack items listed in subparagraph (B), either at and (v).’’ after the period; and of medical insurance and difficulty pur- the budget function, subfunction, or pro- (3) by adding at the end the following: chasing food. gram, project, or activity levels, along with ‘‘(ii) FORMULA CRITERIA.—The grants ‘‘(C) SAMPLING.—A State may comply with any other information deemed appropriate awarded under this paragraph shall be based this paragraph by using a scientifically ac- by the Secretary of the Treasury and the Di- on— ceptable sampling method approved by the rector of the Office of Management and ‘‘(I) employment-related measures, includ- Secretary. Budget to enhance taxpayer understanding ing work force entries, job retention, and in- ‘‘(D) REGULATIONS.—The Secretary shall of the Federal budget. prescribe such regulations as may be nec- creases in household income of current re- (B) LISTED ITEMS.—The expenditure items cipients of assistance under the State pro- essary to ensure that— listed in this subparagraph are as follows: gram funded under this title; ‘‘(i) data reported under this paragraph is (i) Public schools funding programs. ‘‘(II) the percentage of former recipients of in such a form as to promote comparison of (ii) Student loans and college aid. such assistance (who have ceased to receive data among States; and (iii) Low-income housing programs. ‘‘(ii) a State reports, for each measure, such assistance for not more than 6 months) (iv) Food stamp and welfare programs. changes in data over time and comparisons who receive subsidized child care; (v) Law enforcement, including the Federal in data between such former recipients and ‘‘(III) the improvement since 1995 in the Bureau of Investigation, law enforcement comparable groups of current recipients.’’. proportion of children in working poor fami- grants to the States, and other Federal law (c) REPORT OF CURRENTLY COLLECTED lies eligible for food stamps that receive food enforcement personnel. DATA.—Not later than July 1, 2000, the Sec- stamps to the total number of children in (vi) Infrastructure, including roads, the State; and retary of Health and Human Services shall transmit to Congress a report regarding bridges, and mass transit. ‘‘(IV) the percentage of members of fami- earnings and employment characteristics of (vii) Farm subsidies. lies which are former recipients of assistance former recipients of assistance under the (viii) Congressional Member and staff sala- under the State program funded under this State program funded under this part, based ries. title (which have ceased to receive such as- on information currently being received (ix) Health research programs. sistance for not more than 6 months) who from States. Such report shall consist of a (x) Aid to the disabled. currently receive medical assistance under longitudinal record for a sample of States, (xi) Veterans health care and pension pro- the State plan approved under title XIX or which represents at least 80 percent of the grams. the child health assistance under title XXI. population of each State, including a sepa- (xii) Space programs. For purposes of subclause (III), the term rate record for each of fiscal years 1997 (xiii) Environmental cleanup programs. ‘working poor families’ means families through 2000 for— (xiv) United States embassies. which receives earnings equal to at least the (1) earnings of a sample of former recipi- (xv) Military salaries. comparable amount which would be received ents using unemployment insurance data; (xvi) Foreign aid. by an individual working a half-time posi- (2) earnings of a sample of food stamp re- (xvii) Contributions to the North Atlantic tion for minimum wage. cipients using unemployment insurance Treaty Organization. ‘‘(iii) EMPLOYMENT RELATED MEASURES.— data; and (xviii) Amtrak. Not less than $100,000,000 of the amount ap- (3) earnings of a sample of current recipi- (xix) United States Postal Service. propriated for a fiscal year under subpara- ents of assistance using unemployment in- (e) COST.—No charge shall be imposed to graph (F) shall be used to award grants to surance data. cover any cost associated with the produc- States under this paragraph for that fiscal (d) EFFECTIVE DATES.— tion or distribution of the tax receipt. year based on scores for the criteria de- (1) The amendment made by subsection (a) (f) REGULATIONS.—The Secretary of the scribed in clause (ii)(I) and the criteria de- applies to each of fiscal years 2000 through Treasury may prescribe such regulations as scribed in clause (ii)(II) with respect em- 2003. may be necessary to carry out this section. ployed former recipients. (2) The amendment made by subsection (b) TITLE VII—CHILD CARE CENTERS IN ‘‘(iv) FOOD STAMP MEASURES.—Not less applies to reports in fiscal years beginning in FEDERAL FACILITIES fiscal year 2000. than $50,000,000 of the amount appropriated SEC. 701. SHORT TITLE. This title may be for a fiscal year under subparagraph (F) shall SEC. 640. ITEMIZED INCOME TAX RECEIPT. (a) IN GENERAL.—Not later than April 15, 2000, cited as the ‘‘Federal Employees Child Care be used to award grants to States under this Act’’. paragraph for that fiscal year based on the Secretary of the Treasury shall establish an interactive program on an Internet SEC. 702. DEFINITIONS. In this title (except scores for the criteria described in clause as otherwise provided in section 705): (ii)(III). website where any taxpayer may generate an itemized receipt showing a proportionate al- (1) ADMINISTRATOR.—The term ‘‘Adminis- ‘‘(v) MEDICAID AND SCHIP CRITERIA.—Not location (in money terms) of the taxpayer’s trator’’ means the Administrator of General less than $50,000,000 of the amount appro- total tax payments among the major expend- Services. priated for a fiscal year under subparagraph iture categories. (2) CHILD CARE ACCREDITATION ENTITY.—The (F) shall be used to award grants to States (b) INFORMATION NECESSARY TO GENERATE term ‘‘child care accreditation entity’’ under this paragraph for that fiscal year RECEIPT.—For purposes of generating an means a nonprofit private organization or based on scores for the criteria described in itemized receipt under subsection (a), the public agency that— clause (ii)(IV).’’. interactive program— (A) is recognized by a State agency or by a (b) DATA COLLECTION AND REPORTING.—Sec- (1) shall only require the input of the tax- national organization that serves as a peer tion 411(a) of the Social Security Act (42 payer’s total tax payments, and review panel on the standards and proce- U.S.C. 611(a)) is amended by adding at the (2) shall not require any identifying infor- dures of public and private child care or end the following: mation relating to the taxpayer. school accrediting bodies; and July 13, 1999 CONGRESSIONAL RECORD — SENATE S8419 (B) accredits a facility to provide child child care be provided by an entity that com- by an individual with expertise in child care care on the basis of— plies with the standards described in sub- health and safety; and (i) an accreditation or credentialing in- paragraph (A)(i) or obtains the licenses de- (V) in the event that deficiencies deter- strument based on peer-validated research; scribed in subparagraph (A)(ii). mined by the Administrator to be life threat- (ii) compliance with applicable State or (2) HEALTH, SAFETY, AND FACILITY STAND- ening or to present a risk of serious bodily local licensing requirements, as appropriate, ARDS.—The Administrator shall by regula- harm cannot be corrected within 2 business for the facility; tion establish standards relating to health, days after the date of receipt of the notifica- (iii) outside monitoring of the facility; and safety, facilities, facility design, and other tion, close the child care facility, or the af- (iv) criteria that provide assurances of— aspects of child care that the Administrator fected portion of the facility, until the defi- (I) use of developmentally appropriate determines to be appropriate for child care ciencies are corrected and notify the Admin- health and safety standards at the facility; in executive facilities, and require child care istrator of the closure; and (II) use of developmentally appropriate facilities, and entities sponsoring child care (ii) if the entity operating the child care educational activities, as an integral part of facilities, in executive facilities to comply facility is a contractor or licensee of the Ex- the child care program carried out at the fa- with the standards. The standards shall in- ecutive agency— cility; and clude requirements that child care facilities (I) require the contractor or licensee, not (III) use of ongoing staff development or be inspected for, and be free of, lead hazards. later than 2 business days after the date of training activities for the staff of the facil- receipt of the notification, to correct any de- (3) ACCREDITATION STANDARDS.— ity, including related skills-based testing. ficiencies that are determined by the Admin- (A) IN GENERAL.—The Administrator shall (3) ENTITY SPONSORING A CHILD CARE FACIL- istrator to be life threatening or to present issue regulations requiring, to the maximum ITY.—The term ‘‘entity sponsoring a child a risk of serious bodily harm; extent possible, any entity sponsoring an eli- care facility’’ means a Federal agency that (II) require the contractor or licensee, not gible child care facility (as defined by the operates, or an entity that enters into a con- later than 4 months after the date of receipt Administrator) in an executive facility to tract or licensing agreement with a Federal of the notification, to develop and provide to comply with standards of a child care accred- agency to operate, a child care facility pri- the head of the agency a plan to correct any itation entity. marily for the use of Federal employees. other deficiencies in the operation of the (B) COMPLIANCE.—The regulations shall re- (4) EXECUTIVE AGENCY.—The term ‘‘Execu- child care facility and bring the facility and tive agency’’ has the meaning given the term quire that, not later than 3 years after the entity into compliance with the require- in section 105 of title 5, United States Code, date of enactment of this Act— ments; except that the term— (i) the entity shall comply, or make sub- (III) require the contractor or licensee to (A) does not include the Department of De- stantial progress (as determined by the Ad- provide the parents of the children receiving fense and the Coast Guard; and ministrator) toward complying, with the child care services at the child care facility (B) includes the General Services Adminis- standards; and and employees of the facility with a notifica- tration, with respect to the administration (ii) any contract or licensing agreement tion detailing the deficiencies described in of a facility described in paragraph (5)(B). used by an Executive agency for the provi- subclauses (I) and (II) and actions that will (5) EXECUTIVE FACILITY.—The term ‘‘execu- sion of child care services in the child care be taken to correct the deficiencies, and to tive facility’’— facility shall include a condition that the post a copy of the notification in a con- (A) means a facility that is owned or leased child care be provided by an entity that com- spicuous place in the facility for 5 working by an Executive agency; and plies with the standards. days or until the deficiencies are corrected, (B) includes a facility that is owned or (4) EVALUATION AND COMPLIANCE.— whichever is later; leased by the General Services Administra- (A) IN GENERAL.—The Administrator shall (IV) require the contractor or licensee to tion on behalf of a judicial office. evaluate the compliance, with the require- bring the child care facility and entity into (6) FEDERAL AGENCY.—The term ‘‘Federal ments of paragraph (1) and the regulations compliance with the requirements and cer- agency’’ means an Executive agency, a legis- issued pursuant to paragraphs (2) and (3), as tify to the head of the agency that the facil- lative office, or a judicial office. appropriate, of child care facilities, and enti- ity and entity are in compliance, based on an (7) JUDICIAL FACILITY.—The term ‘‘judicial ties sponsoring child care facilities, in execu- onsite evaluation of the facility conducted facility’’ means a facility that is owned or tive facilities. The Administrator may con- by an independent entity with expertise in leased by a judicial office (other than a facil- duct the evaluation of such a child care facil- child care health and safety; and ity that is also a facility described in para- ity or entity directly, or through an agree- (V) in the event that deficiencies deter- graph (5)(B)). ment with another Federal agency or private mined by the Administrator to be life threat- (8) JUDICIAL OFFICE.—The term ‘‘judicial of- entity, other than the Federal agency for ening or to present a risk of serious bodily fice’’ means an entity of the judicial branch which the child care facility is providing harm cannot be corrected within 2 business of the Federal Government. services. If the Administrator determines, on days after the date of receipt of the notifica- (9) LEGISLATIVE FACILITY.—The term ‘‘leg- the basis of such an evaluation, that the tion, close the child care facility, or the af- islative facility’’ means a facility that is child care facility or entity is not in compli- fected portion of the facility, until the defi- owned or leased by a legislative office. ance with the requirements, the Adminis- ciencies are corrected and notify the Admin- (10) LEGISLATIVE OFFICE.—The term ‘‘legis- trator shall notify the Executive agency. istrator of the closure, which closure may be lative office’’ means an entity of the legisla- (B) EFFECT OF NONCOMPLIANCE.—On receipt grounds for the immediate termination or tive branch of the Federal Government. of the notification of noncompliance issued suspension of the contract or license of the (11) STATE.—The term ‘‘State’’ has the by the Administrator, the head of the Execu- contractor or licensee. meaning given the term in section 658P of tive agency shall— (C) COST REIMBURSEMENT.—The Executive the Child Care and Development Block Grant (i) if the entity operating the child care fa- agency shall reimburse the Administrator Act of 1990 (42 U.S.C. 9858n). cility is the agency— for the costs of carrying out subparagraph SEC. 703. PROVIDING QUALITY CHILD CARE IN (I) not later than 2 business days after the (A) for child care facilities located in an ex- FEDERAL FACILITIES. (a) EXECUTIVE FACILI- date of receipt of the notification, correct ecutive facility other than an executive fa- TIES.— any deficiencies that are determined by the cility of the General Services Administra- (1) STATE AND LOCAL LICENSING REQUIRE- Administrator to be life threatening or to tion. If an entity is sponsoring a child care MENTS.— present a risk of serious bodily harm; facility for 2 or more Executive agencies, the (A) IN GENERAL.—Any entity sponsoring a (II) not later than 4 months after the date Administrator shall allocate the reimburse- child care facility in an executive facility of receipt of the notification, develop and ment costs with respect to the entity among shall— provide to the Administrator a plan to cor- the agencies in a fair and equitable manner, (i) comply with child care standards de- rect any other deficiencies in the operation based on the extent to which each agency is scribed in paragraph (2) that are no less of the facility and bring the facility and en- eligible to place children in the facility. stringent than applicable State or local li- tity into compliance with the requirements; (5) DISCLOSURE OF PRIOR VIOLATIONS TO PAR- censing requirements that are related to the (III) provide the parents of the children re- ENTS AND FACILITY EMPLOYEES.— provision of child care in the State or local- ceiving child care services at the child care (A) IN GENERAL.—The Administrator shall ity involved; or facility and employees of the facility with a issue regulations that require that each enti- (ii) obtain the applicable State or local li- notification detailing the deficiencies de- ty sponsoring a child care facility in an exec- censes, as appropriate, for the facility. scribed in subclauses (I) and (II) and actions utive facility, upon receipt by the child care (B) COMPLIANCE.—Not later than 6 months that will be taken to correct the defi- facility or the entity (as applicable) of a re- after the date of enactment of this Act— ciencies, and post a copy of the notification quest by any individual who is— (i) the entity shall comply, or make sub- in a conspicuous place in the facility for 5 (i) a parent of any child enrolled at the fa- stantial progress (as determined by the Ad- working days or until the deficiencies are cility; ministrator) toward complying, with sub- corrected, whichever is later; (ii) a parent of a child for whom an applica- paragraph (A); and (IV) bring the child care facility and entity tion has been submitted to enroll at the fa- (ii) any contract or licensing agreement into compliance with the requirements and cility; or used by an Executive agency for the provi- certify to the Administrator that the facility (iii) an employee of the facility; sion of child care services in the child care and entity are in compliance, based on an shall provide to the individual the copies and facility shall include a condition that the onsite evaluation of the facility conducted description described in subparagraph (B). S8420 CONGRESSIONAL RECORD — SENATE July 13, 1999

(B) COPIES AND DESCRIPTION.—The entity thorities and duties with respect to the eval- the date of enactment of this Act, the Ad- shall provide— uation of, compliance of, and cost reimburse- ministrator and the Director of the Office of (i) copies of all notifications of deficiencies ment for child care facilities, and entities Personnel Management shall jointly prepare that have been provided in the past with re- sponsoring child care facilities, in judicial and submit to Congress a report that evalu- spect to the facility under clause (i)(III) or facilities as the Administrator has under ates child care provided by entities spon- (ii)(III), as applicable, of paragraph (4)(B); subsection (a)(4) with respect to the evalua- soring child care facilities in executive fa- and tion of, compliance of, and cost reimburse- cilities, legislative facilities, or judicial fa- (ii) a description of the actions that were ment for such centers and entities spon- cilities. taken to correct the deficiencies. soring such centers, in executive facilities. (b) CONTENTS.—The evaluation shall con- (b) LEGISLATIVE FACILITIES.— (B) HEAD OF A JUDICIAL OFFICE.—The head tain, at a minimum— (1) ACCREDITATION.—The Chief Administra- of a judicial office shall have the same au- (1) information on the number of children tive Officer of the House of Representatives, thorities and duties with respect to the com- receiving child care described in subsection the Librarian of Congress, and the head of a pliance of and cost reimbursement for child (a), analyzed by age, including information designated entity in the Senate shall ensure care facilities, and entities sponsoring child on the number of those children who are age that, not later than 1 year after the date of care facilities, in judicial facilities as the 6 through 12; enactment of this Act, the corresponding head of an Executive agency has under sub- (2) information on the number of families child care facility obtains accreditation by a section (a)(4) with respect to the compliance not using child care described in subsection child care accreditation entity, in accord- of and cost reimbursement for such centers (a) because of the cost of the child care; and ance with the accreditation standards of the and entities sponsoring such centers, in exec- (3) recommendations for improving the entity. utive facilities. quality and cost effectiveness of child care (2) REGULATIONS.— (d) APPLICATION.—Notwithstanding any described in subsection (a), including rec- (A) IN GENERAL.—If the corresponding child other provision of this section, if 8 or more ommendations of options for creating an op- care facility does not maintain accreditation child care facilities are sponsored in facili- timal organizational structure and using status with a child care accreditation entity, ties owned or leased by an Executive agency, best practices for the delivery of the child the Chief Administrative Officer of the the Administrator shall delegate to the head care. House of Representatives, the Librarian of of the agency the evaluation and compliance SEC. 705. CHILD CARE SERVICES FOR FED- Congress, or the head of the designated enti- responsibilities assigned to the Adminis- ERAL EMPLOYEES. (a) IN GENERAL.—In addi- ty in the Senate shall issue regulations gov- trator under subsection (a)(4)(A). tion to services authorized to be provided by erning the operation of the corresponding (e) TECHNICAL ASSISTANCE, STUDIES, AND an agency of the United States pursuant to child care facility, to ensure the safety and REVIEWS.—The Administrator may provide section 616 of the Act of December 22, 1987 (40 quality of care of children placed in the fa- technical assistance, and conduct and pro- U.S.C. 490b), an Executive agency that pro- cility. The regulations shall be no less strin- vide the results of studies and reviews, for vides or proposes to provide child care serv- gent in content and effect than the require- Executive agencies, and entities sponsoring ices for Federal employees may use agency ments of subsection (a)(1) and the regula- child care facilities in executive facilities, funds to provide the child care services, in a tions issued by the Administrator under on a reimbursable basis, in order to assist facility that is owned or leased by an Execu- paragraphs (2) and (3) of subsection (a), ex- the entities in complying with this section. tive agency, or through a contractor, for ci- cept to the extent that appropriate adminis- The Chief Administrative Officer of the vilian employees of the agency. trative officers make the determination de- House of Representatives, the Librarian of (b) AFFORDABILITY.—Funds so used with re- scribed in subparagraph (B). Congress, the head of the designated Senate spect to any such facility or contractor shall (B) MODIFICATION MORE EFFECTIVE.—The entity described in subsection (b), and the be applied to improve the affordability of determination referred to in subparagraph Director of the Administrative Office of the child care for lower income Federal employ- (A) is a determination, for good cause shown United States Courts, may provide technical ees using or seeking to use the child care and stated together with the regulations, assistance, and conduct and provide the re- services offered by the facility or contractor. that a modification of the regulations would sults of studies and reviews, or request that (c) REGULATIONS.—The Administrator after be more effective for the implementation of the Administrator provide technical assist- consultation with the Director of the Office the requirements and standards described in ance, and conduct and provide the results of of Personnel Management, shall, within 180 days after the date of enactment of this Act, subsection (a) for the corresponding child studies and reviews, for legislative offices and judicial offices, as appropriate, and enti- issue regulations necessary to carry out this care facilities, and entities sponsoring the ties operating child care facilities in legisla- section. corresponding child care facilities, in legisla- tive facilities or judicial facilities, as appro- (d) DEFINITION.—For purposes of this sec- tive facilities. priate, on a reimbursable basis, in order to tion, the term ‘‘Executive agency’’ has the ORRESPONDING CHILD CARE FACILITY.— (3) C assist the entities in complying with this meaning given the term by section 105 of In this subsection, the term ‘‘corresponding section. title 5, United States Code, but does not in- child care facility’’, used with respect to the (f) INTERAGENCY COUNCIL.— clude the General Accounting Office. Chief Administrative Officer, the Librarian, (1) COMPOSITION.—The Administrator shall SEC. 706. MISCELLANEOUS PROVISIONS RE- or the head of a designated entity described establish an interagency council, comprised LATING TO CHILD CARE PROVIDED BY FEDERAL in paragraph (1), means a child care facility of— AGENCIES. (a) AVAILABILITY OF FEDERAL operated by, or under a contract or licensing (A) representatives of all Executive agen- CHILD CARE CENTERS FOR ONSITE CONTRAC- agreement with, an office of the House of cies described in subsection (d) and other Ex- TORS; PERCENTAGE GOAL.—Section 616 of the Representatives, the Library of Congress, or ecutive agencies at the election of the heads Act of December 22, 1987 (40 U.S.C. 490b) is an office of the Senate, respectively. of the agencies; amended— (c) JUDICIAL BRANCH STANDARDS AND COM- (B) a representative of the Chief Adminis- (1) in subsection (a)— PLIANCE.— trative Officer of the House of Representa- (A) by striking ‘‘officer or agency of the (1) STATE AND LOCAL LICENSING REQUIRE- tives, at the election of the Chief Adminis- United States’’ and inserting ‘‘Federal agen- MENTS HEALTH, SAFETY, AND FACILITY STAND- trative Officer; cy or officer of a Federal agency’’; and ARDS, AND ACCREDITATION STANDARDS.—The (C) a representative of the head of the des- (B) by striking paragraphs (2) and (3) and Director of the Administrative Office of the ignated Senate entity described in sub- inserting the following: United States Courts shall issue regulations section (b), at the election of the head of the ‘‘(2) the officer or agency determines that for child care facilities, and entities spon- entity; the space will be used to provide child care soring child care facilities, in judicial facili- (D) a representative of the Librarian of and related services to— ties, which shall be no less stringent in con- Congress, at the election of the Librarian; ‘‘(A) children of Federal employees or on- tent and effect than the requirements of sub- and site Federal contractors; or section (a)(1) and the regulations issued by (E) a representative of the Director of the ‘‘(B) dependent children who live with Fed- the Administrator under paragraphs (2) and Administrative Office of the United States eral employees or onsite Federal contrac- (3) of subsection (a), except to the extent Courts, at the election of the Director. tors; and that the Director may determine, for good (2) FUNCTIONS.—The council shall facilitate ‘‘(3) the officer or agency determines that cause shown and stated together with the cooperation and sharing of best practices, the individual or entity will give priority for regulations, that a modification of such reg- and develop and coordinate policy, regarding available child care and related services in ulations would be more effective for the im- the provision of child care, including the pro- the space to Federal employees and onsite plementation of the requirements and stand- vision of areas for nursing mothers and other Federal contractors.’’; and ards described in paragraphs (1), (2), and (3) lactation support facilities and services, in (2) by adding at the end the following: of subsection (a) for child care facilities, and the Federal Government. ‘‘(e)(1)(A) The Administrator of General entities sponsoring child care facilities, in (g) AUTHORIZATION OF APPROPRIATIONS.— Services shall confirm that at least 50 per- judicial facilities. There is authorized to be appropriated to cent of aggregate enrollment in Federal (2) EVALUATION AND COMPLIANCE.— carry out this section $900,000 for fiscal year child care centers governmentwide are chil- (A) DIRECTOR OF THE ADMINISTRATIVE OF- 2000 and such sums as may be necessary for dren of Federal employees or onsite Federal FICE OF THE UNITED STATES COURTS.—The Di- each subsequent fiscal year. contractors, or dependent children who live rector of the Administrative Office of the SEC. 704. FEDERAL CHILD CARE EVALUATION. with Federal employees or onsite Federal United States Courts shall have the same au- (a) IN GENERAL.—Not later than 1 year after contractors. July 13, 1999 CONGRESSIONAL RECORD — SENATE S8421 ‘‘(B) Each provider of child care services at through the agreement are more cost effec- your office did no mass mailings during an individual Federal child care center shall tively provided through the arrangement this period, please submit a form that maintain 50 percent of the enrollment at the than through establishment of a Federal states ‘‘none.’’ center of children described under subpara- child care facility. Mass mailing registrations, or nega- ‘‘(C) The Federal agency may provide any graph (A) as a goal for enrollment at the cen- tive reports, should be submitted to ter. of the services described in subsection (b)(3) ‘‘(C)(i) If enrollment at a center does not if, in exchange for the services, the facility the Senate Office of Public Records, 232 meet the percentage goal under subpara- reserves child care spaces for children re- Hart Building, Washington, D.C. 20510– graph (B), the provider shall develop and im- ferred to in subsection (a)(2), as agreed to by 7116. plement a business plan with the sponsoring the parties. The cost of any such services The Public Records office will be Federal agency to achieve the goal within a provided by a Federal agency to a Federal open from 8:00 a.m. to 6:00 p.m. on the reasonable timeframe. child care facility on behalf of another Fed- filing date to accept these filings. For ‘‘(ii) The plan shall be approved by the Ad- eral agency shall be reimbursed by the re- further information, please contact the ministrator of General Services based on— ceiving agency. Public Records office at (202) 224–0322. ‘‘(I) compliance of the plan with standards ‘‘(3) This subsection does not apply to resi- f established by the Administrator; and dential child care programs.’’. ‘‘(II) the effect of the plan on achieving the (e) PILOT PROJECTS.—Section 616 of such 1999 MID YEAR REPORT aggregate Federal enrollment percentage Act (40 U.S.C. 490b) is further amended by goal. adding at the end the following: The mailing and filing date of the ‘‘(2) The Administrator of General Services ‘‘(f)(1) Upon approval of the agency head, a 1999 Mid Year Report required by the Administration may enter into public-pri- Federal agency may conduct a pilot project Federal Election Campaign Act, as vate partnerships or contracts with non- not otherwise authorized by law for no more amended, is Saturday, July 31, 1999. All governmental entities to increase the capac- than 2 years to test innovative approaches to Principal Campaign Committees sup- ity, quality, affordability, or range of child providing alternative forms of quality child porting Senate candidates must file care assistance for Federal employees. A care and related services and may, on a dem- their reports with the Senate Office of onstration basis, waive subsection (a)(3) and Federal agency head may extend a pilot project for an additional 2-year period. Be- Public Records, 232 Hart Building, paragraph (1) of this subsection.’’. Washington, D.C. 20510–7116. You may (b) PAYMENT OF COSTS OF TRAINING PRO- fore any pilot project may be implemented, a GRAMS.—Section 616(b)(3) of such Act (40 determination shall be made by the agency wish to advise your campaign com- U.S.C. 490b(b)(3)) is amended to read as fol- head that initiating the pilot project would mittee personnel of this requirement. lows: be more cost-effective than establishing a The Public Records office will be ‘‘(3) If a Federal agency has a child care fa- new Federal child care facility. Costs of any open from 12:00 noon until 4:00 p.m. on cility in a Federal space, or is a sponsoring pilot project shall be paid solely by the agen- the filing date for the purpose of re- agency for a child care facility in a Federal cy conducting the pilot project. ceiving these filings. For further infor- ‘‘(2) The Administrator of General Services space, the agency or the General Services mation, please do not hesitate to con- Administration may pay accreditation fees, shall serve as an information clearinghouse for pilot projects initiated by other Federal tact the Office of Public Records on including renewal fees, for that center to be (202) 224–0322. accredited. Any Federal agency that pro- agencies to disseminate information con- vides or proposes to provide child care serv- cerning the pilot projects to the other Fed- f eral agencies. ices for children referred to in subsection EXECUTIVE SESSION (a)(2), may reimburse any Federal employee ‘‘(3) Within 6 months after completion of or any person employed to provide the serv- the initial 2-year pilot project period, a Fed- eral agency conducting a pilot project under ices for the costs of training programs, con- EXECUTIVE CALENDAR ferences, and meetings and related travel, this subsection shall provide for an evalua- transportation, and subsistence expenses in- tion of the impact of the project on the de- Mr. JEFFORDS. Mr. President, I ask curred in connection with those activities. livery of child care services to Federal em- unanimous consent the Senate imme- Any per diem allowance made under this sec- ployees, and shall submit the results of the diately proceed to executive session to tion shall not exceed the rate specified in evaluation to the Administrator of General consider the following nominations en Services. The Administrator shall share the regulations prescribed under section 5707 of bloc on the Executive Calendar, Nos. title 5, United States Code.’’. results with other Federal agencies.’’. (f) BACKGROUND CHECK.—Section 616 of 157, 158, 161, 162, and 163. (c) TECHNICAL AND CONFORMING AMEND- such Act (40 U.S.C. 490b) is further amended I finally ask unanimous consent that MENTS.—Section 616(c) of such Act (40 U.S.C. 490b(c)) is amended— by adding at the end the following: the nominations be confirmed en bloc, ‘‘(g) Each Federal child care center located (1) by inserting ‘‘Federal’’ before ‘‘child the motion to reconsider be laid upon in a Federal space shall ensure that each em- care centers’’; and the table, and any statements related ployee of the center (including any employee (2) by striking ‘‘Federal workers’’ and in- to the nominations appear in the whose employment began before the date of serting ‘‘Federal employees’’. RECORD, the President be immediately enactment of this subsection) shall undergo (d) PROVISION OF CHILD CARE BY PRIVATE a criminal history background check con- notified of the Senate’s action, and the ENTITIES.—Section 616(d) of such Act (40 sistent with section 231 of the Crime Control Senate then return to legislative busi- U.S.C. 490b(d)) is amended to read as follows: ness. ‘‘(d)(1) If a Federal agency has a child care Act of 1990 (42 U.S.C. 13041).’’. (g) DEFINITIONS.—Section 616 of such Act The PRESIDING OFFICER. Without facility in a Federal space, or is a sponsoring (40 U.S.C. 490b) is further amended by adding agency for a child care facility in a Federal objection, it is so ordered. at the end the following: space, the agency, the child care center The nominations considered and con- ‘‘(h) In this section: board of directors, or the General Services firmed en bloc are as follows: ‘‘(1) The term ‘Federal agency’ has the Administration may enter into an agreement DEPARTMENT OF ENERGY meaning given the term ‘Executive agency’ with 1 or more private entities under which in section 702 of the Federal Employees Child David L. Goldwyn, of the District of Co- the private entities would assist in defraying Care Act. lumbia to be an Assistant Secretary of En- the general operating expenses of the child ‘‘(2) The terms ‘Federal building’ and ‘Fed- ergy (International Affairs). care providers including salaries and tuition James B. Lewis, of New Mexico, to be Di- eral space’ have the meanings given the term assistance programs at the facility. rector of the Office of Minority Economic ‘executive facility’ in such section 702. ‘‘(2)(A) Notwithstanding any other provi- Impact, Department of Energy. ‘‘(3) The term ‘Federal child care center’ sion of law, if a Federal agency does not have means a child care center in an executive fa- THE JUDICIARY a child care program, or if the Administrator cility, as defined in such section 702. T. John Ward, of Texas, to be United of General Services has identified a need for ‘‘(4) The terms ‘Federal contractor’ and States District Judge for the Eastern Dis- child care for Federal employees at a Federal ‘Federal employee’ mean a contractor and an trict of Texas. agency providing child care services that do employee, respectively, of an Executive DEPARTMENT OF THE TREASURY not meet the requirements of subsection (a), agency, as defined in such section 702.’’. the agency or the Administrator may enter Stuart E. Eizenstat, of Maryland, to be This Act may be cited as the ‘‘Treasury Deputy Secretary of the Treasury. into an agreement with a non-Federal, li- and General Government Appropriations Lewis Andrew Sachs, of Connecticut, to be censed, and accredited child care facility, or Act, 2000’’. an Assistant Secretary of the Treasury. a planned child care facility that will be- come licensed and accredited, for the provi- f f sion of child care services for children of REGISTRATION OF MASS LEGISLATIVE SESSION Federal employees. MAILINGS ‘‘(B) Before entering into an agreement, The PRESIDING OFFICER. Under the head of the Federal agency shall deter- The filing date for 1999 second quar- the previous order, the Senate will re- mine that child care services to be provided ter mass mailings is July 26, 1999. If sume legislative session. S8422 CONGRESSIONAL RECORD — SENATE July 13, 1999 TREASURY AND GENERAL GOV- Treaty will not require implementing The PRESIDING OFFICER. Without ERNMENT APPROPRIATIONS ACT, legislation. objection, it is so ordered. 2000 The provisions in this Treaty follow f generally the form and content of ex- AMENDMENT NO. 1240 tradition treaties recently concluded Mr. JEFFORDS. Mr. President, I PROGRAM by the United States. send to the desk an amendment to Cal- Upon entry into force, this Treaty Mr. JEFFORDS. For the information endar No. 169, previously passed by the would enhance cooperation between of all Senators, the Senate will con- Senate. I ask unanimous consent it be the law enforcement authorities of vene at 9:30 and be in a period of morn- immediately adopted and the motion both countries, and thereby make a ing business until 10 a.m. Following to reconsider be laid upon the table. significant contribution to inter- morning business, the Senate will im- The PRESIDING OFFICER. Without national law enforcement efforts. The mediately resume consideration of S. objection, it is so ordered. Treaty would supersede the Extra- 1344, the Patients’ Bill of Rights legis- The amendment (No. 1240) was agreed dition Treaty between the United lation. Debate will continue on the to, as follows: States of America and the Republic of pending amendment until all time has Amend page 57, line 14 by reducing the dol- Paraguay signed at Asuncion on May expired. Additional amendments are lar figure by $17,000,000. 24, 1973. expected to be offered and debated On page 11, line 16 strike ‘‘$569,225,000’’ and throughout tomorrow’s session of the insert in lieu thereof ‘‘$570,345,000’’. I recommend that the Senate give Senate. Therefore, Senators should an- f early and favorable consideration to the Treaty and give its advice and con- ticipate votes throughout the day on REMOVAL OF INJUNCTION OF SE- sent to ratification. Wednesday. As always, Senators will be CRECY—TREATY DOCUMENT NO. WILLIAM J. CLINTON. notified as votes are scheduled. 106–4 THE WHITE HOUSE, July 13, 1999. f Mr. JEFFORDS. Mr. President, as in f executive session, I ask unanimous ORDERS FOR WEDNESDAY, JULY ADJOURNMENT UNTIL 9:30 A.M. consent that the injunction of secrecy 14, 1999 TOMORROW be removed from the following treaty Mr. JEFFORDS. Mr. President, I ask Mr. JEFFORDS. If there is no further transmitted to the Senate on July 13, business to come before the Senate, I 1999, by the President of the United unanimous consent that when the Sen- ate complete its business today it now ask unanimous consent the Senate States: Extradition Treaty with Para- stand in adjournment under the pre- guay (Treaty Document No. 106–4). stand in adjournment until the hour of 9:30 a.m. on Wednesday, July 14. Fur- vious order. I further ask that the treaty be con- There being no objection, the Senate, sidered as having been read the first ther, I ask unanimous consent that on Wednesday, immediately following the at 8:41 p.m., adjourned until Wednes- time; that it be referred, with accom- day, July 14, 1999, at 9:30 a.m. panying papers, to the Committee on prayer, the Journal of proceedings be Foreign Relations and ordered to be approved to date, the morning hour be f printed; and that the President’s mes- deemed expired, the time for the two leaders be reserved for their use later CONFIRMATIONS sage be printed in the RECORD. The PRESIDING OFFICER. Without in the day, and the Senate stand in a Executive nominations confirmed by objection, it is so ordered. period of morning business until 10 the Senate July 13, 1999: a.m., with Senators speaking for up to The message of the President is as DEPARTMENT OF ENERGY 5 minutes each with the following ex- follows: DAVID L. GOLDWYN, OF THE DISTRICT OF COLUMBIA TO ceptions: Senator GRAMS of Minnesota, BE AN ASSISTANT SECRETARY OF ENERGY (INTER- To the Senate of the United States: 15 minutes; Senator DASCHLE, or his NATIONAL AFFAIRS). JAMES B. LEWIS, OF NEW MEXICO, TO BE DIRECTOR OF With a view to receiving the advice designee, for 15 minutes. THE OFFICE OF MINORITY ECONOMIC IMPACT, DEPART- and consent of the Senate to ratifica- Mr. REID. Reserving the right to ob- MENT OF ENERGY. tion, I transmit herewith the Extra- ject, Mr. President, I ask the minori- DEPARTMENT OF THE TREASURY dition Treaty between the Government ty’s morning business be set aside, 10 STUART E. EIZENSTAT, OF MARYLAND, TO BE DEPUTY of the United States of America and minutes for the Senator from Wis- SECRETARY OF THE TREASURY. LEWIS ANDREW SACHS, OF CONNECTICUT, TO BE AN AS- the Government of the Republic of consin, Mr. FEINGOLD, and 5 minutes SISTANT SECRETARY OF THE TREASURY. Paraguay, signed at Washington on No- for the Senator from Rhode Island, Mr. THE ABOVE NOMINATIONS WERE APPROVED SUBJECT vember 9, 1998. REED. TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY In addition, I transmit, for the infor- The PRESIDING OFFICER. Is that in CONSTITUTED COMMITTEE OF THE SENATE. mation of the Senate, the report of the lieu of Senator DASCHLE’s time? THE JUDICIARY Department of State with respect to Mr. REID. That is in lieu of the time T. JOHN WARD, OF TEXAS, TO BE UNITED STATES DIS- the Treaty. As the report states, the for Senator DASCHLE. TRICT JUDGE FOR THE EASTERN DISTRICT OF TEXAS. July 13, 1999 CONGRESSIONAL RECORD — Extensions of Remarks E1521 EXTENSIONS OF REMARKS

DECLARE A NONVIOLENT AND IN HONOR OF JIM RUCKI northern Vermont. Just a year ago, four DIPLOMATIC WAR TO SAVE teens were killed in a car accident on their KASHMIR way back from Canada. Alcohol was proved HON. DENNIS J. KUCINICH to be a factor in this crash. Since the drink- OF OHIO ing age above the border is 18, teenagers HON. MAJOR R. OWENS IN THE HOUSE OF REPRESENTATIVES drive to Montreal to enjoy bar-hopping with their friends. The driving coming home from OF NEW YORK Tuesday, July 13, 1999 the bars can be hazardous. IN THE HOUSE OF REPRESENTATIVES Mr. KUCINICH. Mr. Speaker, I rise today to How can these problems be prevented? The honor Jim Rucki, a basketball coach for 10 Tuesday, July 13, 1999 question has lingered in the minds of many, years and baseball coach for 13 seasons at since the number of Vermont traffic deaths Mr. OWENS. Mr. Speaker, recent violent Rocky River High School, home of the Pirates. involving drunk drivers under 21 have in- developments in Kashmir, the disputed terri- Rucki capped his career at Rocky River creased. Stopping underaged drinking alto- tory between Pakistan and India, have high- High School by coaching his players to 22 gether is an extremely difficult task. If we lighted a very dangerous blunder of neglect in wins this season and 20 victories last season can reduce the driving while young people U.S. and international diplomacy. The failure thus leading them to their second consecutive are under the influence, serious deaths and injuries can be prevented. We need to focus of the world community under the auspices of state championship. Rocky River High School is the first Cleveland-area public school to on the driving aspect, because it yields much the United Nations to demand a self-deter- more serious consequences than just drink- mination referendum for Kashmir has resulted make consecutive state-title game appear- ing alone. in a festering stalemate with very serious po- ances since 1979. The teen curfew is one action the state leg- tential consequences for that region and the While a basketball coach, Rucki led his islature has discussed. The curfew will pre- entire Earth which would have to absorb radio- teams to 160 victories including two con- vent drivers under 18 from being on the roads active contamination from any full scale war ference titles, two district championships, and after 11 p.m. This would restrict inexperi- nine sectional titles. After more than 13 won- enced drivers from being on the road when between two recently declared nuclear pow- the risk period is high. But it also restricts ers. derful years of coaching, Coach Jim Rucki has proved himself to be an outstanding coach young people from doing normal things, such Now, before the temperature rises any fur- who truly loves what he does. as going to movies or the drive-in, or simply ther, it is imperative that we maximize the ef- Not only is Coach Rucki an exceptional getting together with their friends. People above 18 can still drive. These are the people fort to achieve a nonviolent solution to this cri- coach, he is also a modest one as well. sis that has persisted for much too long. The who can drink legally in Montreal. This cur- Coach Rucki is known for saying that his play- few will not affect these teens, who face a honorable and civilized solution is a very sim- ers are the ones responsible for all the awards ple one. Let the people of Kashmir vote to de- long drive home from the bars in Canada. We that he has earned. have proof that this trip can be fatal. termine their own destiny. Pressure both Paki- However, Coach Rucki also stresses hard The state of Vermont has recognized that stan and India to allow for a Democratic solu- work off the field. As part of the educational we have a problem. Increased numbers of po- tion, the ballot box and not the gunÐor nu- process of his players, he expects that his lice officers, strict DWI laws, and teen cur- clear bombs. players earn good grades in all of their aca- fews are a few of the things they are in It is a well-known fact that India refused to demic classes. He truly knows the importance charge of. These measures can help solve the problem, but what really will make the dif- accept a self-determining referendum. The na- of education in the development of a young tion that has proclaimed itself as the world's ference is what these teenagers are exposed person's character. to in their everyday lives. Their school, largest democracy has doggedly refused to Although Coach Rucki is moving, he will friends, and especially their parents are all permit the Kashmir people to vote. To placate however continue to coach boys basketball, responsible for the decisions they will have India it has been proposed that a referendum one of the sports he loves. Both his players to make. be held which does not offer the option for and a very grateful community will deeply miss Teens need to recognize the consequences Kashmir to become a part of Pakistan. A vote him and all of his hard work and we thank of drunk driving—that death can result. Real would be for statehood within India or for an Coach Rucki for all that he has done. I ask stories of the families who have lost children independent Kashmir nation. you fellow colleagues to join with me and the to accidents best express these outcomes. Schools should be obligated to hold assem- The speculation is that Indian officials fear community of Rocky River in congratulating blies for students, telling them real stories that the predominantly Muslim population of Coach Jim Rucki on an excellent job through- about what could happen. These presen- Kashmir will not vote to become a state within out his coaching career. tations are necessary, especially for events the predominantly Hindu nation of India. It f such as homecoming and the prom, where would indeed be ignoble for the international underage drinking and driving is apt to DRINKING AND DRIVING AND community to allow India to continue with this occur. DRUG TREATMENT inhumane, anti-democratic stranglehold on Parents need to be involved in their chil- dren’s lives, especially during the high-risk Kashmir because it fears the outcome of a years. Increasing awareness is the best way vote for self-determination. HON. BERNARD SANDERS OF VERMONT to teach teenagers to consider the risks be- A studied neglect of the Kashmir question fore involving themselves in dangerous situ- IN THE HOUSE OF REPRESENTATIVES by the world powers is no longer possible. The ations. recent outbreak of warfare demonstrates the Tuesday, July 13, 1999 Rebekah Blaisdell: As everyone knows, life impossibility of the two nations of India and Mr. SANDERS. Mr. Speaker, I submit for and death goes hand and hand, but nobody ever tells us how to deal with it. Family Pakistan ever resolving the issue through bi- the RECORD statements by high school stu- members die, our leaders die; but our class- lateral negotiations. The Chinese who have dents from my home State of Vermont, who mates aren’t supposed to. Lately my life borders with both countries and a direct in- were speaking at my recent town meeting on that had more death than anyone would like volvement in the Kashmir dispute will also not issues facing young people today. I am asking to deal with. In the past month, two of my be very helpful in resolving the conflict. The that you please insert these statements in the classmates have died unexpectedly. Scott problem of Kashmir must be immediately CONGRESSIONAL RECORD as I believe that the was a very good friend of mine, and I have placed on the high priority agenda of the views of these young persons will benefit my known Gary since first grade. I will remem- United Nations Security Council. colleagues. ber them forever, and they have a special place in my heart. Surely the Kosovo tragedy has shown the DRINKING AND DRIVING In each of these cases, we will never know citizens of the world who are not indifferent to (On Behalf of Chelsea Downing and Rebekah why they died, if it was an accident or if it human suffering that the failure to pursue ag- Blaisdell) was of their own choice. This decision is left gressive nonviolent actions and intense diplo- Chelsea Downing: Drunk driving has be- up to those of us who are still here. We will macy will result in an inevitable catastrophe. come a major problem in the small towns of never know for sure, but every day I wonder

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. E1522 CONGRESSIONAL RECORD — Extensions of Remarks July 13, 1999 if there was something I could have done. I the European Archives of Psychiatry and many hundreds of thousands of people. don’t understand why Scott and Gary had to Clinical Neurosciences, researchers found Today, Mr. Speaker, as family and friends re- die at such a young age, but my life will go that ‘‘MMT’’—or methadone maintenance member the remarkable life of this great on. I have to come to terms with this sense- treatment—‘‘centers have a real efficiency, American, I too would like to pay tribute to Dr. less loss. But lately, it seems the school has not only to reduce illicit opiate abuse be- forgotten what happened just a month ago. tween 50 and 80 percent, but also to reduce Geno Saccomanno and thank him for the re- three days of extra counselors because of criminality, HIV risk, and mortality, and markable life of service that he led. Scott’s death. Is that what his life was also to improve social rehabilitation without Beginning in 1948 and continuing until the worth? Three days? introducing other alternative substance last days of his life, Dr. Saccomanno served I will never forget what happened during abuse.’’ Another study published in the with widely acclaimed distinction as a medical my senior year, but soon this school will. In American Journal of Drug and Alcohol researcher at St. Mary's Hospital in Grand four years, nobody will know Scott or Gary’s Abuse found that heroin addicts who go Junction, Colorado. In his time there, he would name, and if they do, they won’t understand through methadone treatment are less likely quickly become a driving force behind the what happened to them or those around to use cocaine, amphetamines, tranquilizers transformation of St. Mary's from a small rural then. It bothers me, because people should and marijuana. It is clear that MMT does hospital to a regional hub of medical service. remember. Events like this should never be work. Ultimately, the rise of St. Mary's Hospital to forgotten, because if they are history will re- The reason that MMI facilities need to be peat itself and more people will die. government-funded is because, currently, the position of stature it now enjoys is irrev- Even if Scott and Gary’s deaths were acci- Medicare and Medicaid do not cover metha- ocably tied to the extraordinary work that Dr. dents, schools should teach about depression, done maintenance treatments, and, frankly, Saccomanno did on its behalf. and provide a way for students to get help the treatment is too expensive for the aver- Beyond bringing great renown to St. Mary's for themselves. I know each school has guid- age addict to pay for. So it is much easier for Hospital, Dr. Saccomanno's tireless efforts in ance counselors. But who wants to talk to them to stay home, using the welfare, and the field of lung cancer researchÐthe cause somebody who might not even know your continue using heroin, which just contrib- to which he devoted his life, also earned him name? utes to the cultural stereotype of the free- great personal acclaim as a leading figure All my life, I’ve had to deal with depres- loading drug addict. Government funding can within his profession. His exhaustive research sion. And most people don’t truly under- help ease the burden for the addict, and it of cancer within uranium miners, which wit- stand. I’m only 17. But already I have had at shows a concern on the part of the govern- least seven of my best friends attempt sui- ment to help the individual. Instead of con- nessed his testing of nearly 18,000 uranium cide, and a couple have succeeded. People demning them as criminals, it just makes miners, was internationally lauded for the need to know where and how to find help, them seem more that they have a problem, medical breakthroughs it produced. Dr. and if they’re finding help for a friend, they instead of being bad people. Saccomanno's sputum cytology method for need to know that their friend is not going Also, within these facilities, the need for lung cancer screening, one of the many off- to hate them, and if they do, they’re still confidentiality is imperative. Addicts have shoots of his research in this area, is still used alive, and that’s the point. to have a place where they can go to and not by hospitals both in the United States and If people don’t know or don’t want to feel threatened by the threat of prosecution, Japan. admit that they may be depressed, there is a persecution, and shame. The MMT centers In addition to these professional achieve- bigger chance that they will take matters need to have flexible hours so that addicts ments, Dr. Saccomanno also published a into their own hands. Depression is not a who are trying to stay productive members medical textbook, 80 research papers and in- dirty or a bad word, and people who are de- of society can go to them. A nine-to-five day pressed aren’t any different from anyone for a center being open is not that feasible vented medical instrumentsÐincluding a brush else, they just need a little more support. for an addict who is trying to hold a day job. to take cervical samples for Pap smears and When it comes down to life and death, I’ve Simply put, the best time for the clinical a tube used in lung cancer screening. always opted for life. Life may be tough, but centers to be open would be 24 hours a day, While medical history will long remember death is so final. Once the trigger is pulled or which, granted, would be a little bit incon- him for his research prowess, the Grand Junc- the plunge is taken, there is no turning venient for people, but for the addict, it tion community will always proudly recall Dr. back. No matter how hard life is, it will al- helps. Saccomanno as a philanthropist of unmatched ways get better. It is also very important that these centers generosity. A statement offered by Dr. DRUG TREATMENT have counseling facilities available, and Saccomanno several years ago embodies this (On behalf of Lucas Gockley and Aaron counselors available. The chances of success notion: ``To help people, in our opinion, is a Gerhardt) in methadone maintenance treatment great- ly increases with psychotherapy. According privilege. There is no endeavor that gives Lucas Gockley: We are here today to talk to a 1995 study published in The Journal of more pleasure than helping those in need.'' to you about the methadone maintenance Psychiatry, addicts who underwent psycho- More than a superficial credo, his statement treatment for heroin addicts. Heroin a high- therapy were much more likely to complete appears to be the foundation upon which he ly addictive drug derived from morphine. the treatment and become well-rounded, pro- led his life. In all, Dr. Saccomanno gave be- Some of the long-term diseases stemming ductive members of society once more, and from heroin use are weight loss, heart dis- yond measure to causes too many to list. stay off the heroin. ease, AIDS, and death, eventually. Most notably, Dr. Saccomanno and his family So, over all, the benefits to Vermont are In Vermont, heroin use is increasing dra- established the Saccomanno Higher Education clear: MMT helps to lower crime, HIV risk, matically. In 1994, 118 people in a state-run Foundation, a $2.5 million endowment sup- and death. Also, through MMI, addicts are treatment center said they used heroin. In porting high school graduates in need of finan- more likely to stay off drugs for the rest of 1996, 154 people said they were addicts. There their lives and become productive members cial support for college. has been a 50-percent increase in heroin use of society. It is with this humble gesture, Mr. Speaker, in the Rutland area alone. In 1997 in the Rut- Congressman Sanders: Thanks. It sounds that I say thank you and good-bye to a man land area, there have been two drug store like you did some good research. that I am proud to have called a friend. Al- robberies and one bank robbery by heroin ad- though no words or tribute could ever ade- dicts looking for money to fund their habit. f There have also been eight deaths due to her- quately express the depth of his life accom- oin overdose in just Rutland County in 1996 A TRIBUTE TO THE LATE DR. plishments, nor communicate the level of sad- and 1997. GENO SACCOMANNO ness we feel at his passing, I am hopeful that State police figures show that crime due to Dr. Saccomanno's wife, Virginia, daughters heroin addiction has almost tripled in this HON. SCOTT McINNIS Carol, Linda, and Lenna, and all of his grand- state in a period between 1996 and 1997. Here children will take solace in the knowledge that OF COLORADO at the university, there is a federally-funded the world is a better place for having known detox center run by UVM’s Dr. Warren IN THE HOUSE OF REPRESENTATIVES Geno Saccomanno. Diggle, and the figures show that 60 percent Tuesday, July 13, 1999 f of the heroin addicts he sees are repeat visi- tors. Mr. MCINNIS. Mr. Speaker, it is with a PERSONAL EXPLANATION Heroin use is on the rise in Vermont, and heavy and saddened heart that I now rise to help for addicts is virtually nonexistent. The honor the incomparable life of a man who only effective treatment is the methadone gave immeasurably to his community, state, HON. RONNIE SHOWS OF MISSISSIPPI maintenance treatment. nation and all of humanity: Dr. Geno Aaron Gerhardt: Vermont has no real IN THE HOUSE OF REPRESENTATIVES Saccomanno. During the course of his distin- treatment facilities which addicts who have Tuesday, July 13, 1999 a desire to get off of heroin can use. guished life, Dr. Saccomanno performed One question to ask about methadone seemingly infinite acts of compassion, care, Mr. SHOWS. Mr. Speaker, because inclem- maintenance treatment is, Does it work? In and kindness that impacted, very literally, ent weather delayed my connecting flight from CONGRESSIONAL RECORD — Extensions of Remarks E1523 Jackson, Mississippi, on Monday, July 12, lege, in Massachusetts. Trained as a youth on On roll No. 279, had I been present, I would 1999, I was unable to cast recorded votes on diesel engines, the company he inherited has have voted ``aye.'' rollcalls No. 277, 278, and 279. been in the Clark family continuously since Had I been present, I would have voted as 1790, when the first ferry ran. f follows: ``Yea'' on rollcall 277 to approve the He spent his life serving the community at Journal; ``yea'' on rollcall No. 278 to suspend the helm of South Ferry, Inc., the ferry service TRIBUTE TO JOHNNY CANALES the rules and agree to H. Con. Res. 107, ex- that runs from North Haven (outside Sag Har- pressing the Sense of Congress concerning bor) to Shelter Island. Under Captain Clark's HON. SOLOMON P. ORTIZ the sexual relationships between adults and watchful eye, the company has become what OF TEXAS children; and ``yea'' on rollcall No. 279 to sus- it is today, a fleet of four boats which can hold pend the rules and agree to H. Con. Res. 117, up to twenty cars apiece. IN THE HOUSE OF REPRESENTATIVES expressing the Sense of the Congress con- Captain Clark was a longtime member of Tuesday, July 13, 1999 cerning United Nations General Assembly the Lions Club, East End Church of Christ Resolution ES±10/6 and, when not on call with his company, a Mr. ORTIZ. Mr. Speaker, I rise today to ask f member of Shelter Island Fire Department. He the entire House of Representatives to join me also served on the board of Timothy Hill Chil- in commending a giant in the U.S. entertain- IN HONOR OF CLINT NAGEOTTE dren's Ranch in Riverhead. ment industry, Johnny Canales. The night before he passed away, he laid in Tomorrow, on July 14, Johnny will receive HON. DENNIS J. KUCINICH a deep sleep. He would open his eyes, strug- the keys to the City of Brownville from Mayor OF OHIO gle for a breath, and then fall peacefully Blanca Vela at an event intended to showcase IN THE HOUSE OF REPRESENTATIVES asleep again. However, when his family began how the United States educational system works. It is sponsored by the Students in Free Tuesday, July 13, 1999 to sing ``God Bless America,'' he would awake and spread a truly joyous smile on his tired Enterprise Alumnus, and will be televised live Mr. KUCINICH. Mr. Speaker, I rise today to face. He could not speak very well, but he on Telemundo. honor Clint Nageotte of the Brooklyn High summoned the strength to share a few more Johnny and his beautiful wife, Nora, have School baseball team. Clint Nageotte has laughs with his family. He fell asleep soon always been interested in the educational sys- been playing the game he loves from the Little after, waking to greet his youngest grandchild, tem of this country, but now have a personal League fields to the fields of Brooklyn High Shelli, who had flown in from college to be stake in it since they now have a baby who School. with him. will begin an education in 4±5 years. Rewriting the Brooklyn High School records, To his two children, four grandchildren, and As the Chairman of the Congressional His- Clint has proved himself as both a remarkable one great-grandchild, Captain Clark will be re- panic Caucus Task Force on the Arts and En- pitcher and outstanding hitter. As a four-year membered as the patriarch of a family busi- tertainment, I am delighted to tell you about letterman, Clint has 25 career victories, 326 ness spanning more than two hundred years. my long-time friend, and Corpus Christi native, strikeouts, 39 home runs, and 136 RBIs. To a great number of those in the community, Johnny Canales. Johnny Canales is an ex- Leading his conference championship team he will be looked upon as a man who quietly traordinary entertainer who touches the hearts, all the way to their first State Final Four play- helped to maintain their precious quality of life. and tickles the fancies, of viewers and lis- off in school history, Clint has a hitting aver- Captain Clark embodied the type of role teners of all ages and all income brackets age of .652 with 19 home runs this year alone. model and innovator that all would have en- throughout the world. He is a host- As a pitcher, Clint has an outstanding 7±2 joyed being around and looked up to. extraordinare. record and an impressive 0.75 earned run av- Colleagues, Mr. Clark is a community leader Today, and for many, many years, he has erage. Also leading the area, he struck out who will be sorely missed. hosted ``The Johnny Canales Show,'' a pop- 119 batters in 56 innings of pitching. f ular television show which showcases His- Clint has been honored by the Cleveland panic talents from the Southwest and Mexico. PERSONAL EXPLANATION Plain Dealer as The Player of the Year. Fur- Johnny's signature line then and now, when thermore, Clint is a recipient of Mike Garcia introducing groups or singers, is: ``You got it.'' Award, a very prestigious award given by the HON. JIM KOLBE He brings stature and commitment to any en- Cleveland Indians Baseball Club and the OF ARIZONA deavor with which he is associated. Wahoo Club. The Seattle Mariners have also IN THE HOUSE OF REPRESENTATIVES In 1992, when I was serving as Chairman of chosen Clint in the fifth-round draft pick. the Board of Directors of the Congressional Clint has proved himself both on and off the Tuesday, July 13, 1999 Hispanic Caucus Institute (CHCI), I had John- field as an excellent team player and out- Mr. KOLBE. Mr. Speaker, on July 12, 1999 ny come to Washington to co-host the Insti- standing young man. Recognized both locally the House debated H. Con. Res. 107, a sense tute's annual gala, the largest gathering of and nationally, I ask you to please join me in of the Congress rejecting the notion that sex Hispanic elected officials in the country. True congratulating both Clint and his family on a between adults and children is positive, and H. to form, he charmed each and every person job well done. Con. Res. 117, a sense of Congress con- there. f cerning United Nations Assembly Resolution ES±10/6. I was en route from Tucson to I was most impressed with the reception TRIBUTE TO THE LATE CAPTAIN Washington, DC, when both votes took place. Johnny got over in Mount Pleasant, the pre- WILLIAM Y. CLARK Had I been present, I would have voted ``aye'' dominantly Hispanic enclave in northeast on H. Con. Res. 107 and ``aye'' on H. Con. Washington. CHCI once held afternoon con- HON. MICHAEL P. FORBES Res. 117. certs the day prior to the annual gala to share the sense of commonality with people in the OF NEW YORK The House also voted on Approving the community who could not afford the price of IN THE HOUSE OF REPRESENTATIVES Journal. Had I been present, I would have voted ``aye''. tickets to the Gala. Tuesday, July 13, 1999 f Johnny hosted the talents that would play at Mr. FORBES. Mr. Speaker, I rise today to the Gala the following evening. Knowing that honor an entrepreneur, Captain William Y. PERSONAL EXPLANATION Johnny Canales would be the host was as big Clark, a Long Island businessman who re- a draw as the bands which would be playing. cently passed away at the age of 86. HON. ROBERT E. WISE, JR. I watched in awe as little boys and girls, large- Ask any parent and I am sure they will OF WEST VIRGINIA ly of Central American heritage, cautiously walked up to Johnny to shake his hand . . . agree that leaving a legacy such as the reins IN THE HOUSE OF REPRESENTATIVES of a family business is of great significance. inevitably, they all said, ``You got it,'' mim- Skillfully maintaining and expanding such an Tuesday, July 13, 1999 icking his signature line. enterprise demands the infusion of innovative Mr. WISE. Mr. Speaker, on Monday, July Mr. Speaker, since our business keeps me ideas which was William's speciality. 12, 1999, I was unavoidably detained and un- here this week and away from my friends who Captain William Clark was born in Shelter able to record a vote by electronic device on are celebrating Johnny's career, I hope all of Island, Long Island, in 1913. He was educated roll No. 278. Had I been present I would have you will join me in commemorating this patriot at Shelter Island schools and Mt. Hermon Col- voted ``aye''. and great Hispanic talent. E1524 CONGRESSIONAL RECORD — Extensions of Remarks July 13, 1999 SALUTE TO THE CITY OF YOAKUM, Sergeant Ronald Icely, for serving the resi- as an Elder, but also because of his kindness TEXAS dents of the City of Milpitas for more than 31 and gentleness. A hard worker, Gus is well- outstanding years. liked and greatly respected. HON. RON PAUL Sergeant Ronald Icely attended Mt. Whitney Gus is a pillar of the community, both as a OF TEXAS High School in Visalia, CA, and graduated in veteran in the Armed Forces and as a tribe IN THE HOUSE OF REPRESENTATIVES 1965. He then continued his education at Col- member. I know my colleagues join me in Tuesday, July 13, 1999 lege of the Sequoias and San Jose State Uni- thanking Gus LeMieux for serving the Fond du versity. He began his career in public service Lac Reservation and the United States during Mr. PAUL. Mr. Speaker, I rise today to pay as a reserve officer with the San Jose Police the past century. tribute to the City of Yoakum, Texas, which Department while at San Jose State University will celebrate its 112th birthday on Wednes- in 1967. On August 1, 1968, Ronald Icely was f day, July 28, 1999, with a festival at the city's appointed to the Milpitas Police Department. Heritage Museum. He was promoted to senior officer in 1973, PERSONAL EXPLANATION Yoakum is located partially in western and promoted to Sergeant in 1975. Lavaca County and partially in eastern DeWitt During his many years of service, Sergeant County. Today, the city is known as the HON. GARY G. MILLER Icely has received numerous letters of appre- ``Leather Capital of the World,'' due primarily ciation and commendation from the citizens of OF CALIFORNIA to the economic impact of 12 leather goods Milpitas as well as from many government IN THE HOUSE OF REPRESENTATIVES manufacturing firms and some 16 factory loca- agencies. He has been praised by his past su- tions in Yoakum. Tuesday, July 13, 1999 pervisors for the high quality of his work, his In its early years, Anglo-Americans used Mr. GARY MILLER of California. Mr. Speak- Yoakum as a gathering site for thousands of leadership skills and investigative experience. In his tenure as a police officer, Ronald er, I was inadvertently detained and unable to bawling Texas Longhorns that were grouped vote on rollcall No. 279, regarding United Na- into cattle drives and driven along the Chisolm Icely saw Milpitas grow from a small commu- nity to a thriving city of 65,000 people. As the tions General Assembly Resolution ES 10/6. Trail to market. Yoakum's townsite was estab- Had I been here, I would have voted ``aye.'' lished in 1887 with the arrival of the San Anto- city grew his charge became more demand- ing, but Sgt. Icely continued to serve com- nio & Aransas Pass RailroadÐthe railroad of f Yoakum's history. mendably. Once, Yoakum was the ``Green Wrap'' to- Early in his career Sergeant Icely became a CONGRATULATING CERTAINTEED mato capita of the world and still commemo- member of the department's K±9 squad. He ON THEIR 20TH ANNIVERSARY rates this heritage with the annual ``Tom Tom served as K±9 officer for five years with his Festival.'' As that industry faded, the commu- canines, ``Romell'' and ``Toma''. He also re- nity leadersÐnamely Mr. C. C. WelhausenÐ ceived advanced training in supervision, and HON. GEORGE RADANOVICH fostered the idea that Yoakum needed another homicide and sexual assault investigation. OF CALIFORNIA Sergeant Icely has served as a field training industry as a base to its economy. The result: IN THE HOUSE OF REPRESENTATIVES a leather industry era that now employs some officer and field supervisor in the patrol and Tuesday, July 13, 1999 1,500 and produces millions of dollars of the traffic sections. He was also a supervisor in Yoakum area economy. the Investigation Division and the lead investi- Mr. RADANOVICH. Mr. Speaker, I rise Beef production is also huge in Yoakum, gator in ``felony persons'' crimes that included today to congratulate the Chowchilla and both Lavaca and DeWitt Counties rank in high profile homicide, robbery and sexual as- CertainTeed Fiberglass Insulation Plant on the top five counties in the State of Texas in sault cases. their 20th Anniversary as a major contributor cow-calf operations. A true cowboy culture ex- Sergeant Icely has been very active with the to the Chowchilla and Madera County commu- ists in the Yoakum area due to the thousands youth of the community throughout his career. nities. He coached PAL basketball, PAL baseball, of head of cattle grown on area ranches. CertainTeed began construction in 1978 and and little league baseball for nine years. Ser- I am proud to represent a city so full of rich, started operation on May 15, 1979. Since geant Icely was also a charter member of the Texas heritage. Mr. Speaker, I hope you will then, the plant has generated over $200 mil- Milpitas Police PAL Board of Directors. join me sending happy birthday wishes to the lion in wages and taxes, which have helped The city will be honoring Sgt. Ronald Icely City of Yoakum, Texas. the local communities to grow and improve. at a retirement dinner on July 30, 1999. I f CertainTeed has been an active member of would like to join them in applauding his hard these communities and has participated in var- PERSONAL EXPLANATION work and dedication. He has a fine record of ious projects. They are strong supporters of accomplishments and is an inspiring example the ``Bucks for Books'' campaign; have adopt- HON. STEPHANIE TUBBS JONES of citizenship. I wish Sergeant Icely the best in ed a section of Highway 99 and kept it clean OF OHIO all his future endeavors. for 6 years; provided sandbags for flood sup- IN THE HOUSE OF REPRESENTATIVES f port during the Chowchilla flood of 1997; have Tuesday, July 13, 1999 TRIBUTE TO GUS LEMIEUX supported the Penn Literacy program for Mrs. JONES of Ohio. Mr. Speaker due to of- Fairmead School; are involved in the Madera ficial business, I was unable to record my vote HON. JAMES L. OBERSTAR County Industrial Group; and have made on several measures considered in the House themselves available to many more programs OF MINNESOTA of Representatives on Monday, July 12, 1999. in their community. IN THE HOUSE OF REPRESENTATIVES Had I been present I would have voted ``aye'' CertainTeed has been recognized with on approving the Journal; H. Con. Res. 144; Tuesday, July 13, 1999 many awards throughout the years: the H. Con. Res. 107; and ``aye'' on H. Con. Res. Mr. OBERSTAR. Mr. Speaker, I rise today CertainTeed Interplant Safety AwardÐBest 117. to pay tribute to World War I veteran and Record in Accident Prevention, the National f Fond du Lac Reservation tribe member Gus Safety Council Award, the Outstanding Safety IN HONOR OF SERGEANT RONALD LeMieux. Performance Award, 1,500,000 Hours with No ICELY AND HIS 31 YEARS OF Not only is Gus LeMieux the oldest (at 100 Lost Time Accidents in 1966, 1,243,090 Hours DEDICATED SERVICE TO THE years) Fond du Lac Reservation tribe member, with No Lost Time Accidents in 1985, Madera RESIDENTS OF THE CITY OF but he is also the oldest serving World War I Economic Development Commission Recogni- MILPITAS veteran in Douglas County, WI. Gus joined the tion, the California Department of Conserva- U.S. Navy in 1916 and served on the U.S.S. tion Award of Appreciation for Glass Recy- Rhode Island and the U.S.S. Massachusetts, cling, and the Group President's Award. HON. FORTNEY PETE STARK as well as on an oil tanker. He also served in Mr. Speaker, I want to congratulate OF CALIFORNIA the U.S. military on a submarine tender during CertainTeed on their 20th Anniversary and for IN THE HOUSE OF REPRESENTATIVES World War I. the service they have provided to their com- Tuesday, July 13, 1999 Now the oldest Fond du Lac Reservation munity. I urge my colleagues to join me in Mr. STARK. Mr. Speaker, I would like to tribe member, Gus is well-known in the com- wishing CertainTeed many more years of con- take this opportunity to honor and congratulate munity. He is admired not only for his standing tinued success. CONGRESSIONAL RECORD — Extensions of Remarks E1525 TRIBUTE TO FIRE CHIEF J.D. and preserving wetlands. Perhaps most impor- Tax Unit and later in 1941 the Income Tax KNOX tantly, he created Minnesota's Environmental Unit of the Treasury Department where he re- Trust Fund, which funds projects for environ- tired from in 1968. One hobby Chester en- HON. JOHN SHIMKUS mental protection and outdoor recreation. His joyed was being a ham radio operator. He still OF ILLINOIS forty-year career is a monument for the pro- does his own taxes and considers the airplane IN THE HOUSE OF REPRESENTATIVES tection of Minnesota's waters, woodlands and and jet propulsion to be two of the most im- air quality, and we all owe him a deep debt of portant inventions of the 20th century. His ad- Tuesday, July 13, 1999 gratitude. vice to the younger generation is to study hard Mr. SHIMKUS. Mr. Speaker, I would like to Willard has been recognized in the past for while in school. Chester's extended family in- take this time to recognize the unparalleled his environmental efforts by having the Min- cludes three sons, four grandchildren and four service of Springfield Fire Chief J.D. Knox. He nesota-Wisconsin Boundary Trail and the ani- great grandchildren. was named by the Springfield Firefighters mal care center at the Lake Superior Zoo Mr. Speaker, I rise to honor Private Chester Union as ``Firefighter of the Year.'' When he named in his honor. Today, we remember Wil- Beymer for his service to his country. I urge responded to the nomination he said, ``I was lard Munger as a true pioneer in Minnesota my colleagues to join me in wishing Chester shocked. I thought it was a joke.'' Two years politics and for his enduring commitment to many more years of continued success and ago when Chief Knox became chief he had protecting the environment for future genera- happiness. big ideas. He was determined to do things that tions. f had never been done. f Chief Knox is currently lobbying for Fire De- AN AMERICAN HERO partment controlled ambulance service. Imple- PERSONAL EXPLANATION menting such a program would save money HON. JOHN SHIMKUS and increase response time according to Chief HON. GARY G. MILLER OF ILLINOIS Knox. I would like to thank Chief Knox for his OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES dedication and open-mindedness that has IN THE HOUSE OF REPRESENTATIVES Tuesday, July 13, 1999 made the Springfield Fire Department a world Tuesday, July 13, 1999 Mr. SHIMKUS. Mr. Speaker, they say he- class organization. roes come in all shapes and sizes, now we f Mr. GARY MILLER of California. Mr. Speak- er, I was inadvertently detained and unable to know they come from Michael, Illinois. On July TRIBUTE TO WILLARD MUNGER vote on rollcall No. 277, the approval of the 4th, 23-year-old Army Spc. 4 Anthony Gilman Journal. Had I been here, I would have voted became the first U.S. casualty of the multi- ``aye.'' national peacekeeping mission in Kosovo. He HON. JAMES L. OBERSTAR was tragically killed when hit by an out of con- f OF MINNESOTA trol pickup truck that was being driven by a IN THE HOUSE OF REPRESENTATIVES HONORING PRIVATE CHESTER Macedonian civilian. Tuesday, July 13, 1999 BEYMER His father said, ``We're very proud of him, to Mr. OBERSTAR. Mr. Speaker, I rise today me he's a hero. He wanted to serve his coun- to pay tribute to State Representative Willard HON. GEORGE RADANOVICH try. He enjoyed it.'' Anthony was about half- Munger of Duluth, Minnesota, who died Sun- way through a 4-year enlistment during which OF CALIFORNIA he served in Germany, Turkey, and Greece. I day at the age of 88 after a valiant fight with IN THE HOUSE OF REPRESENTATIVES cancer. cannot portray how proud I am of Anthony. He On Sunday, the State of Minnesota and the Tuesday, July 13, 1999 selflessly served his country and made the su- City of Duluth lost a great friend in Willard Mr. RADANOVICH. Mr. Speaker, I rise preme sacrifice for the good of not only his Munger. The environment lost a valuable ally today to honor Private Chester Beymer upon country but the world. Our hearts and prayers and tireless advocate. He was a man who his approval by the Government of France for are with him and his family. worked for forty years as a defender of the en- the award of the National Order of The Legion f vironment. of Honor. This award is the highest honor in THE RESTORATION OF WOMEN’S Willard, who was born in 1911 in a log France during World War I and is authorized CITIZENSHIP ACT cabin, credited his grandfather, Lyman in recognition of the 80th anniversary of the Munger, with instilling his love of nature. signing of the Armistice on November 11, HON. ANNA G. ESHOO Lyman Munger, a Minnesota farmer and con- 1918. OF CALIFORNIA servationist, told Willard when he was a young Chester Beymer is 100 years old and a long IN THE HOUSE OF REPRESENTATIVES boy that he could save Minnesota's wilderness time resident of Fresno. He served during from destruction if he became a politician. And World War I with the communications depart- Tuesday, July 13, 1999 so he did. He first ran for the state legislature ment of the U.S. Army Tank Corps, American Ms. ESHOO. Mr. Speaker, I rise today to in- in 1934, and although he lost, he did not give Expeditionary Force. He enlisted in Los Ange- troduce the Restoration of Women's Citizen- up. In 1954, he won a House seat rep- les in August 1918 at age 19. Pvt. Beymer left ship Act, legislation that corrects an antiquated resenting West Duluth. for France that October as part of the Auto- law that mars our nation's history. Willard Munger was a thoughtful, devoted, matic Replacement Draft. Pvt. Beymer's duties In 1922, Rose Bouslacchi, an American cit- and dedicated public servantÐthe consum- in France involved working with two man izen, married Conrad Sabatini, a tailor by pro- mate legislator. He served in the Minnesota French tanks at the U.S. Army Tank Corps fession and an immigrant from northern Italy. House of Representatives for 42 years, longer Center in Langres, Haute Marne, France. He When the couple married, a federal law ex- than anyone in my home state's history. He arrived shortly before the war ended and re- isted which stripped women of their U.S. citi- was also the oldest sitting legislator in Min- members being on a troop train on Armistice zenship if they married alien men. Later that nesota's history. Some legislators get amend- Day and seeing many French flags and towns- year the U.S. granted Conrad Sabatini the ments passed, a few get bills passed, but only people cheering at the train stations. He came privilege of citizenship but in accordance with a very small number of public servants leave back to the United States in March 1919 on a the law, refused to reinstate Rose a legacy. Willard Munger leaves a lasting leg- Japanese troop ship. Bouslacchi's citizenship. acy of cleaner air and waterÐa heritage that Chester Beymer was born on a farm in During the course of her life Rose will benefit future generations. Tonganoxie, Kansas in 1898; he was one of Bouslacchi reared a family of five daughters, In Minnesota, Willard Munger's name is syn- six children in his family. In 1904 his family each a college graduate and each a contrib- onymous with environmental protection. Be- moved to El Modeno, California and by 1913 utor to the well being of our nation. Four be- cause of his relentless efforts, future genera- was settled in the San Joaquin Valley near came teachers and one became a nurse. tions will enjoy cleaner lakes and rivers and Lindsey. After returning from World War I Rose Bouslacchi was an active member of her less pollution in the air. As Chairman of the Chester worked in the Fresno area with the church and worked with her husband in the House Environmental and Natural Resources Southern Pacific Railroad and then the Alcohol running of their business. Her life embodied Committee, he was a tireless advocate of nu- and Tobacco Unit. He later worked with the the values of family and faith, representing the merous environmental causes, including en- Sugar Pine Lumber Company until the early best of America. But, Rose Bouslacchi could ergy conservation, alternative energy sources 1930's. After prohibition he joined the Alcohol never be called an American again. E1526 CONGRESSIONAL RECORD — Extensions of Remarks July 13, 1999 Rose Bouslacchi was not alone. There were vote on rollcall No. 278, the Sense of Con- lished by the American Psychological Associa- many women affected by this law. On Sep- gress Resolution Rejecting the Notion that Sex tion that suggests that sexual relationships be- tember 22, 1922, the Congress recognized the Between Adults and Children is Positive. Had tween adults and children might be positive for gross inequality of the Act, and in a series of I been here, I would have voted ``aye.'' children and on rollcall No. 279, concerning acts, created procedures to reinstate citizen- f United Nations General Assembly Resolution ship for most of the women affected by this ES±10/6, had I been present, I would have law. But the changes will never help Rose CONGRATULATING THE MARJAREE voted ``yes.'' Bouslacchi. By a legislative oversight, the MASON CENTER FOR 20 YEARS f women who married between 1907 and 1922 OF SERVICE were not able to retain their citizenship until CELEBRATING THE 31ST ANNUAL procedures were created in 1952, at which HON. GEORGE RADANOVICH SPIVEY’S CORNER HOLLERIN’ CONTEST point many of these women had passed on. OF CALIFORNIA The Restoration of Women's Citizenship Act IN THE HOUSE OF REPRESENTATIVES will rid our history completely of this discrimi- HON. BOB ETHERIDGE natory law by granting citizenship post- Tuesday, July 13, 1999 OF NORTH CAROLINA humously to the women who didn't live long Mr. RADANOVICH. Mr. Speaker, I rise IN THE HOUSE OF REPRESENTATIVES enough to take advantage of the Nationality today to congratulate the Marjaree Mason Tuesday, July 13, 1999 Act of 1952. Center for Fresno for 20 years of service as- I urge all my colleagues to join me in this sisting victims of domestic violence, and for Mr. ETHERIDGE. Mr. Speaker, I rise today important effort by cosponsoring the Restora- making a difference in the community and the to recognize a unique event in the Second tion of Women's Citizenship Act. lives of so many victims. Congressional District of North Carolina, the f Marjaree Mason, a well-known woman in Spivey's Corner Hollerin' Contest. this community and a native of Easton, was Every third Saturday in June thousands of TRIBUTE TO DANIEL MOLESKY raped and murdered on November 13, 1978. people from across the globe travel to the She was 36 years old. Her death was the re- town of Spivey's Corner in Sampson County HON. JAMES L. OBERSTAR sult of domestic violence. to hear and participate in the National Hollerin' Contest. June 19th marked the 31st anniver- OF MINNESOTA Marjaree lived in Fresno for 31 years and sary of this special event. Each year, the IN THE HOUSE OF REPRESENTATIVES was a graduate of Washington Union High event is held for the benefit of the Spivey's School and Reedley College. At the time of Tuesday, July 13, 1999 Corner Volunteer Fire Department. her death she was completing her degree in Mr. OBERSTAR. Mr. Speaker, I rise today The now-famous contest originated from a business administration at California State to pay tribute to an esteemed educator, Daniel chance comment made by Spivey's Corner University, Fresno and was employed by the Molesky of Hibbing, Minnesota. resident Ermon Godwin, Jr. in 1969 on a National Economic Development Association. After serving 35 years as an educator and weekly radio talk show that he co-hosted. Mr. Marjaree Mason was active in several orga- school administrator in the State of Minnesota, Godwin mentioned the tradition of hollerin' in nizations. She was a member of the National Daniel Molesky recently announced his retire- Sampson County to the radio show's other Council of Negro Women, the Ujima Ladies ment. He received advanced degrees in math, host, John Thomas. Mr. Thomas half-jokingly Group, Big Sisters of Fresno, the National As- physics, engineering, education curriculum, suggested that the two hold a hollerin' contest. sociation of Women in Construction, and St. and school administration. After completing his Much to their surprise, about five thousand Rest Baptist Church. education, Mr. Molesky was promoted to the people showed up on that June Saturday in With the approval of her parents, Mr. and rank of Master Sergeant in the U.S. Army be- 1969. Mrs. Neal Mason, the Marjaree Mason Center fore beginning his teaching career. The Hollerin' Contest has evolved into a was named for her. Through community Mr. Molesky's ability to engage his students daylong event, featuring live music, food, and awareness, prevention and interventionÐin- in the classroom eventually led to his pro- five separate hollerin' events. They are: the cluding education for both the victim and the motion to principal in the Hibbing School Dis- Whistlin' Contest, the Conch Shell and Fox battererÐthey are working to lessen the kind trict. As principal of Washington Elementary Horn Blowin' Contest, the Junior Hollerin' Con- of kind of domestic violence that tragically School, and later Jefferson Elementary test, the Ladies Callin' Contest, and the Na- ended her life. School, Mr. Molesky interacted daily with more tional Hollerin' Contest, the main attraction. In than 300 students, teachers, staff members, The Center is committed to the belief that addition, many also participate in the water- and parents. He always created a family envi- women have the right to live their lives in a melon roll, in which contestants attempt to run ronment in his school. Furthermore, Mr. safe and healthy environment. The individuals barefoot carrying a watermelon across a dis- Molesky was active in the Hibbing School Dis- involved with the Center also believe it is im- tance of about 20 yards as a member of the trict Safety Patrol and numerous education perative that victims of domestic violence have Volunteer Fire Department tries to knock the and community organizations. access to a protective support system, includ- participant off his or her feet using a high- As our nation experiences great techno- ing emergency shelter, counseling, and com- pressure hose. logical innovation and success in the global prehensive referrals to individuals and organi- Winners of the different events has gar- market, the value of an education takes on zations that can help them live in health and nered national recognition over the years, in- even greater importance. Daniel Molesky of safety. cluding appearances on The Tonight Show Hibbing, Minnesota has exhibited the charac- Mr. Speaker, I congratulate the Marjaree and Late Night with David Letterman. Sports teristics we seek in our educators, school ad- Mason Center for serving the community of Illustrated, The Voice of America, and docu- ministrators, and community activists. I know Fresno for 20 years. I also urge my colleagues mentary films have all featured the contest my colleagues join me in congratulating Daniel to join me in wishing the Marjaree Mason and its winners. As would befit its local roots, Molesky for his 35 years of service to stu- Center many more years of continued suc- 30 of the 31 winners of the National Hollerin' dents, teachers and the entire Hibbing com- cess. Contest have been natives of Sampson Coun- munity. f ty, including this year's champion. Tony Pea- cock, who now resides in Chapel Hill, North f PERSONAL EXPLANATION Carolina. PERSONAL EXPLANATION To further honor this unique event, I have HON. JOHNNY ISAKSON sponsored the Spivey's Corner Hollerin' Con- HON. GARY G. MILLER OF GEORGIA test in the Library of Congress Bicentennial OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES Local Legacies Project. I am hopeful that the IN THE HOUSE OF REPRESENTATIVES colorful tradition of hollerin' will now be pre- Tuesday, July 13, 1999 served in the American Folklife Center of the Tuesday, July 13, 1999 Mr. ISAKSON. Mr. Speaker, on rollcall No. world's most reknown library so that everyone Mr. GARY MILLER of California. Mr. Speak- 278, expressing the sense of Congress reject- can have a chance to celebrate this North er, I was inadvertently detained and unable to ing the conclusions of a recent article pub- Carolina unique cultural event. CONGRESSIONAL RECORD — Extensions of Remarks E1527 TRIBUTE TO ROBERT SILVESTRI his point that the more dangerous idea be- Julia Henika envisioned a century ago. I am tween science and religion is the one accept- proud to honor her memory and the hard work HON. JAMES L. OBERSTAR ed more blindlyÐscience. and dedication of so many people to make OF MINNESOTA While Mark is to be commended for his in- that vision a reality. sightful debate and well-researched essay, IN THE HOUSE OF REPRESENTATIVES f perhaps just as important is his participation. Tuesday, July 13, 1999 Reading about and studying topics of interest TRIBUTE TO WINSTON BLEDSOE Mr. OBERSTAR. Mr. Speaker, I rise today should not be limited to our school years, but to pay tribute to Robert Silvestri, the esteemed rather encouraged and practiced at every age HON. ROY BLUNT Chief of Police in Chisholm, MN. level. Formal education and official degrees OF MISSOURI Chief Silvestri recently announced his retire- are the runways for learning, but our country IN THE HOUSE OF REPRESENTATIVES ment after serving 33 years in the Chisholm has taken flight thanks to the help of great life- Tuesday, July 13, 1999 Police Department. My hometown of Chisholm long thinkers. Mr. BLUNT. Mr. Speaker, senior citizen cen- will miss the inspired dedication and commit- How fortunate we are to have thoughtful, ters are fairly recent to our culture. Many of ment he brought to the police department. studious individuals who dedicate their careers the centers that exist today were created in Chief Silvestri began his law enforcement to the public education of our young people. I the early 1970's with the help of federal career by training at the Bureau of Criminal congratulate Mr. Friestad for teaching by ex- grants. Strong local leadership transform these Apprehension in 1966. Following his training, ample, and picking up the title of ``America's centers into places many older citizens now Robert Silvestri became a patrol officer for the Greatest Thinker'' along the way. depend on for warm wholesome meals, fellow- Chisholm Police Department. Eventually, his f ship and recreation and a way to support the dedication to the police force led to his pro- A TRIBUTE IN HONOR OF THE maintenance of an independent life style. motion as desk lieutenant, and then adminis- 100TH ANNIVERSARY OF THE Twenty-seven years ago, using a $25,000 trative assistant. Each of those positions gave HENIKA DISTRICT LIBRARY IN budget provided by a ``model grant,'' Winston Robert Silvestri a better understanding of and WAYLAND, MICHIGAN Bledsoe started the first agency in Southwest appreciation for all aspects of law enforce- Missouri to organize and open senior centers. ment. Because of his experience and knowl- The Southwest Missouri Office on Aging grew edge of law enforcement, Robert Silvestri was HON. PETER HOEKSTRA out of that effort and opened nine senior cen- hired as chief of police in 1983. He held this OF MICHIGAN ters in six weeks in 1973. position until his recent retirement from the IN THE HOUSE OF REPRESENTATIVES Today, the agency that Bledsoe helped cre- Chisholm Police Department. Tuesday, July 13, 1999 ate provides services and a daily meeting Throughout his service at the Chisholm Po- Mr. HOEKSTRA. Mr. Speaker, I would like place for more than 40,000 seniors a year. lice Department, Robert Silvestri believed to take this opportunity to officially recognize The Southwest Missouri Office on Aging has strongly in the law enforcement community the 100th anniversary of the Henika District Li- 38 centers and a budget of more than $6.8 and his colleagues. Even through adversity, brary, located in Wayland, Michigan, part of million providing individual social services, Chief Silvestri maintained a level head and re- the Second Congressional District, which I transportation, meals, recreation and home- spect for his fellow law enforcement officers. represent. maker care. Bledsoe encouraged seniors at His open door made his co-workers feel at The Henika Library was established in 1899 each center to own their own building, thereby ease, and he learned to adapt his manage- as a legacy of Mrs. Julia Henika, who upon reducing the government's role in the future of ment and law enforcement skills to changing her death left $2,000 to the Wayland Ladies the facilities in case federal aid was ever laws and societal behavior. Furthermore, I Library Association for the construction of a li- curbed or interrupted. commend Robert's wife and the Silvestri fam- brary. Aided by contributions from Mrs. Dorothy Knowles, who was Bledsoe's chief ily for supporting him through the years. Henika's husband, George, and her mother, lieutenant over the last quarter century and Police Chief Robert Silvestri maintained the Mary Forbes, this picturesque library formally the new agency director, calls Winston a vi- public safety and tranquility in Chisholm for 33 opened in 1900. sionary, who was ``dedicated to the lowest years. I know my colleagues join me in con- Initially, the library was run by the inde- cost of keeping older people independent.'' gratulating Robert Silvestri for his many years pendent Library Association for many years For most people, quality of life is defined by of service and dedication to the Chisholm Po- before turning it over to the village of their degree of independence. lice Department and the entire Iron Range Wayland. At that time, the facility's first paid li- Bledsoe has been a tireless advocate for community. brarian, Miss Fannie Hoyt, was hired. She seniors and group who serve them. He has f served in her position until the 1940s, when often battled bureaucrats, politicians, and local she was succeeded by Dorothy Peterson, who opponents. He has not always been diplomatic TRIBUTE TO MARK FRIESTAD served as librarian until 1975. Barbara Crofoot but he has never forgotten who he serves. then became the library's third head librarian The interest of older Southwest Missourians HON. EARL POMEROY and served for 10 years until she was suc- are always foremost in his efforts. Winston, at age 70, retired as the director of OF NORTH DAKOTA ceeded by the current librarian, Lynn the agency this year. A former insurance IN THE HOUSE OF REPRESENTATIVES Mandaville. Henika Library has served the Wayland salesman and football coach, his third career Tuesday, July 13, 1999 area as a source of information and entertain- will leave a legacy cherished by every senior Mr. POMEROY. Mr. Speaker, today I want ment from the Gilded Age to the Information in Southwest Missouri who finds friends, sup- to recognize the winner of the 1999 ``Great Age. The original building was first expanded port and nourishing meals at one of the cen- American Think-Off.'' This year's champion is in 1968 with an addition in the rear with a full ters that Bledsoe nurtured. Mark Friestad, a high school social studies basement, effectively tripling the size of the fa- f teacher who proved to his students that learn- cility. A reading room was created the next WILLARD MUNGER, MINNESOTA’S ing is a life-long pursuit to be enjoyed and year by enclosing the front porch. ENVIRONMENTAL ICON celebrated. In the early 1990s, the building received a Mark is a dedicated young teacher in my complete makeover, inside and out, with finan- hometown of Valley City, North Dakota, who cial assistance from the Wayland Downtown HON. BRUCE F. VENTO OF MINNESOTA exemplifies the state's exceptional teachers. Development Authority, an outstate equity IN THE HOUSE OF REPRESENTATIVES He was among 500 contestants from around grant and contributions from the city of the country competing in the Great American Wayland and Wayland Township. This remod- Tuesday, July 13, 1999 Think-Off held in New York Mills, Minnesota. eling made the library ready for the 21st cen- Mr. VENTO. Mr. Speaker, on Sunday, July The task was the best answer to the question: tury by providing public access computers, an 11, Minnesota lost our most senior, longest Which is more dangerous: Science or Reli- online card catalog and public access to the serving, best loved friend, mentor and state gion? Selected as one of four finalists to de- Internet. In addition, a local company, Ampro representative, Willard Munger at the age of bate the merits of his essay, Mark convinced Industries, donated several thousand dollars to 88. the crowd of 400 with thoughful arguments remodel the basement children's library. After forty-eight years of public service and supporting his thesis. At the end of the day, Today, Henika District Library continues to a lifetime of fighting for people and the envi- the audience felt that he had best illustrated serve the community in the same manner ronment, DFLer Willard Munger stands as a E1528 CONGRESSIONAL RECORD — Extensions of Remarks July 13, 1999 testament to public service. Unbending in prin- in the Minnesota House, perhaps by renam- also conducted two area church choirs, St. Jo- ciple but pragmatic and patient to achieve re- ing the Environmental Trust Fund for him. seph's Catholic Church and St. Leo's Catholic sults, Munger's list of achievements are too Not a bad move, but possibly a superfluous Church. one. numerous to mention. While 88 years of age ‘‘This state abounds with monuments to Jerry has continued his personal interest in he was still contemporary in his thinking and Munger’s tireless advocacy of the natural and enthusiasm for music through the years. open to new ideas and solutions. Many of his world, from clean rivers to bicycle trails to He is a member of band called ``Four of a policies were ahead of their time, such as metropolitan wetlands to northwoods wilder- Kind,'' which consists of three other former packaging laws, water and air pollution. ness preserves. Many a Minnesotan needs no music teachers. Although he is now retired, I was proud to serve in the Minnesota Leg- plaque to know that ‘‘Mr. Environment,’’ Jerry plans to continue playing in this band, islature on Chairman Munger's revered Envi- who died on Sunday at age 88, is the man to and also conducting the Hibbing City Band thank for these. ronment and Natural Resources Committee. I during the summers. was an eager student and to this day, twenty- Munger was already in his second decade of Jerry Snyder made a valuable contribution nine years later, both the lessons I have legislative service when the modern environ- to the city of Chisholm for his enthusiasm to- learned and the Munger spirit and excitement mental movement began in the early 1970s. His political experience, informed by the ward music and his dedication to teaching. I guide me in my Congressional work. Indeed I, passions he acquired from a naturalist know he passed along that enthusiasm for like to many others, stand on the shoulders grandfather and populist father, positioned and work of one very special Minnesotan envi- music to his students. I know my colleagues him as both visionary and strategist of the join me in congratulating Jerry Snyder for his ronmentalist, Willard Munger. new ideals. We can all see further because of his work One of his proudest victories was among many years of service to the students and en- and the benchmarks Munger has set in Min- the first: the $115 million cleanup that trans- tire community of Chisholm, MN. nesota. We should try to employ his vision formed the St. Louis River from an indus- and lessons as we work for future generations trial drainage into one of the state’s f in the preservation, conservation and restora- loveliest streams. Munger built his last home along the river and hosted an annual HONORING LINDA R. WILLIAMS, tion of the natural world. CRNA, J.D., PRESIDENT OF THE The following are two editorials from the canoe trip and barbecue for friends and col- leagues; the tenth of these would have been AMERICAN ASSOCIATION OF July 13th St. Paul and Minneapolis papers held last month but his illness forced post- NURSE ANESTHETISTS which give testimony to the work and life of ponement. Willard Munger, who is being laid to rest Munger loved politics of the old-fashioned today. sort, stubbornly advancing his cause with a HON. JOEL HEFLEY [From the St. Paul Pioneer Press, July 13, combination of persuasion, patience and OF COLORADO shrewd deal-making. He was not notably 1999] IN THE HOUSE OF REPRESENTATIVES charismatic; journalists ranked him among MORE THAN A POLITICIAN the legislature’s worst-dressed members and Tuesday, July 13, 1999 Willard Munger campaigned for Floyd B. marveled at his mumbling, fumbling style of Olson, first ran for office under the banner of address on the House floor. But he excelled Mr. HEFLEY. Mr. Speaker, I rise today to the old Farmer-Labor Party and won his at one-to-one negotiation and played a mas- pay tribute to an outstanding constituent of first election when Dwight Eisenhower was terful role in conference committees, where Colorado's 5th Congressional District. Ms. president. At age 88, Munger was the oldest his passion could win the day for his posi- legislator in Minnesota history and its long- Linda R. Williams, the outgoing national presi- tion. est serving House member—with 48 years of dent of the American Association of Nurse An- He was deeply respected by colleagues, if service. esthetists (AANA). In my opinion it is appro- But Munger, who died early Sunday in Du- not particularly beloved. Northern legisla- priate at this time to recognize the distin- tors were regularly aggrieved by his advo- luth, will be remembered for more than his guished career of this individual. phenomenal political longevity. cacy for public lands and lakeshores, for wet- Long known as ‘‘Mr. Environment,’’ land protection, for halting Reserve Mining Founded in 1931, the AANA represents over Munger left his mark as the father of the Co.’s discharge of tailings into Lake Supe- 27,000 certified registered nurse anesthetists, state Environmental Trust Fund and an ar- rior. But they could count on him to support or CRNAs, across the country. They work in chitect of virtually every major piece of en- spending that would bring employment and every setting in which anesthesia is delivered, vironmental legislation enacted in the last tourism to their districts. Some, perhaps, and for all types of surgical cases including three decades. began to see the correctness of his views that hospital surgical suites, obstetrical delivery While he was not the Legislature’s most more jobs are created than destroyed gifted orator, the motel owner from west Du- through environmental progress. rooms, ambulatory surgical centers, and the luth had a way of getting people’s attention In recent years, as the tide turned on envi- offices of dentists, podiatrists, and plastic sur- and getting things done. Munger’s environ- ronmental concerns, Munger fought to save geons. mental activism began in earnest in 1971, his earlier achievements from dismantling. As president, Ms. Williams was responsible when he passed a bill to create the Western But his file drawers were said to contain for charting the policy and direction of the as- Lake Superior Sanitary District and begin plenty of new initiatives, too, awaiting the sociation from 1998±1999. Throughout her in- the cleanup of the heavily polluted St. Louis right moment for introduction. Now they volvement with the AANA, Ms. Williams has River. form another Munger legacy, awaiting a new Two years later, after the DFL captured champion to take up the task. held a variety of leadership positions prior to control of both houses of the Legislature, being elected President, including Treasurer Munger took over as chairman of the House f and a Director of Region 5 on the AANA Environment Committee and helped enact TRIBUTE TO JERRY SNYDER Board of Directors. dozens of major environmental laws. They Ms. Williams began here studies at Ste- included legislation to protect wild and sce- nic rivers, promote recycling and reduce HON. JAMES L. OBERSTAR phens College receiving here Bachelor of Arts degree in Health Science. She then received solid waste, clean up polluted lands, safe- OF MINNESOTA guard groundwater supplies and preserve her Bachelor of Science in Nurse Anesthesi- IN THE HOUSE OF REPRESENTATIVES wetlands. ology from Ohio State University and her di- But Munger’s greatest achievement was Tuesday, July 13, 1999 ploma from St. Mary's School of Nursing. the passage of a state constitutional amend- Lastly, she received her juris doctorate in law ment in 1988 that created the Environmental Mr. OBERSTAR. Mr. Speaker, I rise today Trust Fund, and earmarked 40 percent of to pay tribute to former Chisholm High School from the University of Denver, Colorado Col- state lottery proceeds for this purpose. Since bank conductor, Jerry Snyder. lege of Law. its creation, the fund has generated more Jerry Snyder was borne in Duluth and grad- Ms. Williams is currently in private practice than $100 million for parks and trails, fish uated from Duluth East High School. As a in Englewood Colorado. She has been widely and wildlife habitat, and environmental edu- child, Jerry learned to play the piano and went published and speaks often before profes- cation. on to learn how to play the tuba, baritone sional groups and societies, which has earned Willard Munger truly left this state and her the esteem and respect of her peers and Earth a better place than he found it. horn, and trombone. He graduated from the University of MinnesotaÐDuluth. A few years others in all professions. [Minneapolis Star Tribune, July 13, 1999] later began his career as a conductor at Chis- Mr. Speaker, I ask my colleagues to join (Willard Munger) holm High School. Jerry began his conducting with me in recognizing Ms. Williams for here MINNESOTA’S ENVIRONMENTAL VISIONARY career 30 years ago when he became the notable career and outstanding achievements. There is talk about the best way to memo- band conductor in Chisholm. In addition to di- Congratulations Ms. Williams for a job well rialize Willard Munger and his four decades recting the Chisholm High School Band, he done. CONGRESSIONAL RECORD — Extensions of Remarks E1529 CONGRATULATING ROCKY MOUNT [From the Rocky Mount Telegram, June 27, Jazzy Jaguars from D.S. Johnson School par- ON ITS ALL-AMERICA CITY DES- 1999] ticularly kept us pumped up with their per- IGNATION ROCKY MOUNT IS ALL-AMERICAN!! formances and energy.’’ Chamber President Charlie Glazener ‘ALL-AMERICA CITY’ DESIGNATION CAPTURED AT agreed. HON. BOB ETHERIDGE PHILADELPHIA EVENT ‘‘It’s just unbelievable,’’ said Glazener. (By Tom Murphy) OF NORTH CAROLINA ‘‘We wish every city here tonight could feel IN THE HOUSE OF REPRESENTATIVES PHILADELPHIA, Pa.—There’s something the pride our city feels. about ‘‘Rocky’’ and Philadelphia. ‘‘Mayor Turnage was so right when he ac- Tuesday, July 13, 1999 In the city famed as the home of Sylvester cepted our award and said it’s time to start Mr. ETHERIDGE. Mr. Speaker, I rise today Stallone’s fictional movie boxer, another more projects for the next generation.’’ to congratulate the City of Rocky Mount, North Rocky—Rocky Mount—captured All-Amer- City manager Steve Raper said the city is ica City status Saturday in the 50th annual extremely proud of its citizens across the en- Carolina for earning the designation of an All- awards sponsored by the National Civic tire Nash Edgecombe community. America City. I have the honor of representing League and Allstate Insurance Co. ‘‘The people in Nash and Edgecombe are Rocky Mount in the U.S. House. The other nine winners were Stockton, truly reflective of the work we can do and all Founded in the early part of the Nineteenth Calif.; Union City, Calif; Tallahassee; Fla.; the work we’ve completed together to im- Century, Rocky Mount is now a city of more Wichita, Kan.; Shreveport, La; Lowell, prove our community,’’ Raper said. than 57,000 people located in the heart of Mass.; Tupelo, Miss.; Green Bay, Wisc.; and f eastern North Carolina. Its name derives from Tri-Cities (Bristol, Va.; Johnson City and the rocky mound situated at the falls of the Kingsport, Tenn.). Two other North Carolina PRESIDENT LYNDON B. JOHNSON’S finalists, Hickory and Morganton, failed to RIGHTFUL PLACE IN HISTORY Tar River, which was the site of a new post of- make the cut. fice and one of the first cotton mills in North The awards honor communities that show Carolina. In 1907, Rocky Mount, then with a exemplary grassroots community involve- HON. GENE GREEN population of about 7,500 people, was incor- ment and problem-solving. The original field OF TEXAS porated as a city. Following decades of growth of 93 applicants was cut to 30 finalists. As a IN THE HOUSE OF REPRESENTATIVES and achievement, Rocky Mount was first winner, Rocky Mount is eligible for a $10,000 Tuesday, July 13, 1999 named an All-America City in 1970. award from Allstate. Mayor Fred Turnage, in accepting the All- Mr. GREEN of Texas. Mr. Speaker, I rise Almost 30 years later, Mr. Speaker, Rocky America City Award, reflected on another today to pay special tribute to President Lyn- Mount continues to stand out for its civic ex- delegation from Rocky Mount that stood on don B. Johnson. President Johnson was born cellence. The National Civic League, which the All-America City stage in Philadelphia on August 27, 1908, in central Texas, not far has given out the All-America City Awards for 30 years ago. from Johnson City, which his family had the past 50 years, commended Rocky Mount They also proclaimed that Rocky Mount helped settle. He knew poverty firsthand, as a community that teaches the rest of us was a community that was walking to the which helped him learn compassion for the how to face difficult situations and meet those beat of a different drum, and how it had fo- poverty of others. challenges in innovative and collaborative cused on racial harmony, quality education and job opportunity, Turnage said. In 1960, Johnson was elected as John F. ways. According to the organization, Rocky Turnage added in subsequent years and Kennedy's Vice President. On November 22, Mount is a city in which citizens, government, certainly in the most recent decade, many 1963, when Kennedy was assassinated, John- businesses and voluntary organizations work citizens have worked diligently to accom- son was sworn in as President. together to address critical local issues. plish those goals. On May 22, 1964, in a speech at the Uni- Specifically, the National Civic League cited ‘‘In recent years, the formation of partner- versity of Michigan President Lyndon B. John- three examples of this type of cooperation in ships has enabled us to make significant son spoke of a ``Great Society.'' He said, ``The Rocky Mount. The city developed the Down strides in all of those areas,’’ he said. ‘‘The Great Society rests on abundance and liberty East Partnership for Children, which is dedi- Down East Partnership for Children is a tre- mendous example of what cooperation can for all. It demands an end to poverty and ra- cated to achieving the fundamentals of quality accomplish with its total focus on giving our cial injustice, to which we are totally com- child growth and development. It annually young people Smart Start and a quality edu- mitted in our time. But that is just the begin- reaches more than 12,000 children, parents, cation. ning.'' and agencies. Rocky Mount also formed the ‘‘The Gateway Partnership has dem- President Johnson's vision included aid to onstrated what cooperation and teamwork Carolinas Gateway Partnership, a nationally education, attack on disease, Medicare, urban recognized non-profit corporation partnership between the private and public sectors can truly accomplish, and is helping provide renewal, beautification, conservation, develop- with 190 investors, which has secured commit- ment of depressed regions, a wide-scale fight ments worth $170 million that will eventually quality job opportunities and economic sta- bility for our community.’’ against poverty, control and prevention of create 2,300 jobs as it seeks to promote eco- Turnage said the third partnership, which crime and delinquency, and the removal of ob- nomic development in the area. was a part of Rocky Mount’s presentation, is stacles to the right to vote. In addition, Rocky Mount became part of the a great example of what the business and On July 6, 1999, the Houston Chronicle Rocky Mount-Edgecombe-Nash Educational education community can and must do to printed a column by Marianne Means, a achieve quality education. Cooperative, which was designed to coordi- Washington, D.C.-based columnist for the nate the resources of business and education ‘‘It would be my hope that as pleased and humbled as we are to have received this Hearst Newspapers, which details why Presi- for the betterment of both schools and stu- dent Johnson will be considered as one of our dents. Thus far, the Cooperative has funded award that we, as well as other award-win- ning cities, would simply use it as an oppor- nation's greatest Presidents. Mr. Speaker, I more than 935 creative teaching grants worth tunity for even greater cooperation and basis would like to conclude by including Ms. about $500,000 that have affected thousands for addressing many of the challenges that Means' column in my remarks. of students. I would like to take a point of per- still confront us,’’ he said. ‘‘It is important sonal privilege in adding that I am profoundly to recognize that the All-America City DON’T FORGET LBJ—HIS LEGACY HIGHLY grateful and proud of the Nash-Rocky Mount Award does not mean a community is per- VISIBLE Public School system for its leadership in fect, but that it is attempting to meet chal- (By Marianne Means) teaching character education in the classroom, lenges and solve problems in innovative and For 30 years, President Lyndon B. Johnson yet another reason why Rocky Mount is an cooperative ways at the ground level of de- has been ignored by Democratic politicians mocracy.’’ afraid of being tagged as liberal lackeys for All-America City. Turnage commended the Leadership Rocky the much-mocked Great Society or the Finally, I want to thank the Leadership Mount Alumni group for initiating this proc- bloody Vietnam War that brought down his Rocky Mount Alumni group and the Rocky ess some two years ago, and for the Chamber presidency. Mount Chamber of Commerce for all their of Commerce for carrying the process to its His name is seldom mentioned in his own hard work over the past few years to bring this conclusion. party. Only a few brave souls defend him outstanding recognition to Rocky Mount. ‘‘There is a tremendous amount of work against conservatives who have campaigned Mr. Speaker, it is both an honor and a privi- and effort that goes into this process, and it for decades against the ambitious federal so- lege to represent Rocky Mount and her 57,158 takes a great deal of planning and commit- cial programs he created and the cultural tu- ment to see it to a successful conclusion,’’ he mult of the 1960s that took place during his All-American citizens in the U.S. Congress. I said. administration. encourage all my colleagues to read the fol- ‘‘We are particularly proud of our young President Clinton has been particularly lowing article from the Rocky Mount Telegram people, who were a part of that delegation craven. Although he often cites his admira- celebrating this well-deserved honor. and who brought so much enthusiasm. The tion for President Kennedy, who produced E1530 CONGRESSIONAL RECORD — Extensions of Remarks July 13, 1999 very little legislation, Clinton never speaks No longer were they automatically denied A TRIBUTE TO THE LATE of Johnson, who compiled a monumental do- equal opportunities for jobs and education. RICHARD C. BLAKE mestic record. Johnson was proudest of the Voting Rights It was to remind us of Johnson’s impact on Act, which outlawed all the sneaky practices our lives and put a tidy historical end to the HON. MARCY KAPTUR that kept blacks from the ballot box. In 1964, 1990s that scholars and former Johnson ad- OF OHIO there were only 300 black elected officials in ministration officials gathered recently at the country; by 1998, there were more than IN THE HOUSE OF REPRESENTATIVES the Lyndon B. Johnson Library in Austin to 9,000. In 1965 there were five blacks in the look back across the generation gap at a pe- Tuesday, July 13, 1999 House; today there are 39. riod of almost unimaginable change. Ms. KAPTUR. Mr. Speaker, I rise to recog- This nation would be a far worse place had Although conservatives charge that LBJ’s nize Richard C. Blake of Toledo, OH, a man Lyndon Johnson not occupied the White Great Society was a failure, Great Society of great stature and kindest heart, who passed House. He demanded that elderly patients projects like Head Start, the Job Corps, get government help for health care through Community Health Centers, Foster Grand- from this life on June 4, 1999. I came to know Medicare and Medicaid, blacks be granted parents, Upward Bound and Indian and mi- Dick and his family through his passionate the right to vote and enjoy equal access to grant worker programs helped reduce the commitment to the credit union movement to public places, students be given financial aid number of Americans living in poverty. which, as his family noted, he ``dedicated 52 for education, consumers be protected from When LBJ took office, 22.2 percent of Ameri- years . . . as both his vocation and avoca- fraud, poverty be assaulted with an array of cans lived below the poverty level. Today tion.'' education and employment initiatives and 13.3 percent are below that level, still too Employed by the former Champion Spark discrimination attacked with affirmative-ac- many but a trend in the right direction. Plug in Toledo, Dick was a member of the tion concepts. This remarkable domestic revolution was Champion Credit Union. He served in many of overwhelmed by public outrage at Johnson f the credit union's leadership positions over 37 for escalating a distant war in which more years, including membership on the board of than 50,000 U.S. soldiers died. As a young stu- A TRIBUTE TO CHIEF PAUL directors, on the Credit and Supervisory Com- dent, Clinton himself dodged the draft to WALTERS mittees, board president, and treasurer/CEO. avoid being sent to Vietnam. Resentment of Not limiting his involvement in promoting credit the war still fuels Clinton’s chilly attitude unions to just the Champion Credit Union, toward Johnson even though Clinton has HON. LORETTA SANCHEZ Dick rose to the highest levels of the move- fought to perpetuate and expand most of LBJ’s social programs. OF CALIFORNIA ment. He served as president of the Toledo But finally that war is fading into history. Chapter of Credit Unions, chairman of the It was nearly a quarter century ago that we IN THE HOUSE OF REPRESENTATIVES board and director emeritus of the Ohio Credit fled Saigon in defeat. Now diplomatic and Union League, and director of the Credit Tuesday, July 13, 1999 trade ties are being restored and even battle- Union National Association. scarred veterans are returning there on sen- Ms. SANCHEZ. Mr. Speaker, I rise today to Dick also focused his time on community in- timental visits. volvement, and was a past master of Toledo- If the war itself can recede, so can public honor Chief Paul Walters of the Santa Ana anger at LBJ. He didn’t live long enough to Police Department in Orange County, CA. On Fort Industry Lodge #144; past patron of Fort crusade for his own political rehabilitation, July 14, 1999, Chief Walters will be honored Industry Chapter #391; a member of the Scot- as Richard Nixon did. But time may do the with the Federal Bureau of Investigation Direc- tish Rite; and a member of the Adams Town- task for him. tor's Award for exceptional public service and ship American Legion Post. He also was a And despite decades of conservative scorn, partnership with the FBI. It is fitting that we member of the Loyal Order of Moose Lodge the Great Society and the War on Poverty pay tribute to this outstanding citizen and lead- #1610 and served on the finance committee of still exist, sometimes under different labels. his church, Zion United Methodist. A water en- At the LBJ Library symposium, Joseph er. thusiast, Dick belonged to the Toledo Yacht Califano Jr., a former Johnson White House Chief Walters' 29 years in law enforcement assistant and Jimmy Carter’s secretary of Club, Oak Harbor Long Beach Association, were preceded by numerous academic and the Coral Cay Association in Florida. health, education and welfare, summed up achievementsÐa Bachelor of Arts Degree in LBJ’s domestic record. And what a stunning Dick's passing leaves a void in our commu- record it is. He shoved through a reluctant Criminal Justice from California State Univer- nity, but much more importantly within his lov- Congress all sorts of radical ideas to help or- sity, Fullerton, a Masters of Public Administra- ing family. Our heartfelt condolences to his dinary people. tion from the University of Southern California wife of 57 years, Helen, and his children For the first time, the federal government and a Doctor of Jurisprudence from the Amer- Becky, Kathy, and Bill, his eight grandchildren subsidized scholarships, grants and work- ican College of Law. He began his career as and five great-grandchildren. Dick has touched study programs to expand education oppor- the Santa Ana Chief of Police in 1988. tunities for students from families with lim- the lives of thousands of people and made our ited resources. Since 1965, the federal govern- Since that time, Chief Walters has dem- community and country a more humane na- ment has provided more than $120 billion for onstrated skilled and innovative leadership. He tion. We all are grateful for the privilege of elementary and secondary schools and bil- has received numerous awards, including dis- knowing him. lions for college loans. tinctions from the National League of Cities f Today, nearly 60 percent of full-time un- and Orange County Metro Business Maga- dergraduate students receive federal finan- TRIBUTE TO THE 31ST COM- cial aid. When LBJ took office, only 41 per- zine. He has also served as a distinguished member of several organizations dedicated to MANDANT, UNITED STATES MA- cent of Americans had completed high RINE CORPS, GENERAL CHARLES school; only 8 percent held college degrees. improving law enforcement's effectiveness and Last year, more than 81 percent had finished quality. C. KRULAK high school and 24 percent had completed The 1993 creation of the Multi-Agency Safe college. Streets Task Force is one of Chief Walters' HON. SAXBY CHAMBLISS Medicare and Medicaid provided millions OF GEORGIA of elderly Americans with health insurance most admirable achievements. This move led for the first time. Since 1965, 79 million sen- to a significant reduction in Santa Ana's crime IN THE HOUSE OF REPRESENTATIVES ior citizens have benefited from Medicare. rate. In fact, Chief Walters' support helped en- Tuesday, July 13, 1999 Since 1966, more than 200 million poor Amer- sure the success of the FBI's anti-crime and icans have been helped financially by Med- Mr. CHAMBLISS. Mr. Speaker, integrity, re- drug efforts in Orange County. Last but not spect, and character have always been the icaid. least, he demonstrated his own police skills The food stamp program launched in 1967 centerpiece of the long and magnificent tradi- helps to feed more than 20 million people in and experience when he brought decisive evi- tion of the United States Marine Corps. I can- more than 8 million households. The school dence to a high-profile local murder case not begin to praise our United States Marines breakfast program begun the same year has through his collaboration with federal agents. for their reliability and devotion to our country provided a daily breakfast to nearly 100 mil- I thank my Congressional colleagues for and its history. But I would like to pay tribute lion schoolchildren. Johnson’s civil rights act ended the offi- joining me today in recognizing this remark- today to a great American and friend who has cially segregated society that belied the able man who has dedicated himself to serv- served his country since he graduated from American promise of freedom. No longer did ing his fellow citizens and neighbors. He has the Naval Academy in 1964. blacks have to drink from separate water shown what kind of men and women America General Charles C. Krulak stepped down fountains and eat in separate restaurants. needs for its future. from his position as the 31st Commandant of CONGRESSIONAL RECORD — Extensions of Remarks E1531 the Marine Corps last month. General Krulak, bon; Vietnam Service Medal; and the Purple I want to say thank you to this great man who served his country for 35 years, leaves Heart. who has done so much for our country. His the Marines with countless honors. While serv- However, these well deserved honors sim- service to the United States will be missed, ing two tours of duty in Vietnam, commanding but not forgotten. I am sure our Marine Corps ply amplify the values of duty, honor, and during the Gulf War, and serving as Com- will continue to pursue and practice the lofty mandant of the Marine Corps, General Krulak country which General Krulak exemplified. His values that General Krulak instilled in Amer- earned numerous decorations and medals in- honest and candid assessments were always ica's troops. I would like to thank General cluding the Defense Distinguished Service welcome and our military is a stronger force Krulak and wish him the best of luck for the Medal; Silver Star Medal; Combat Action Rib- and America is better nation because of him. future Tuesday, July 13, 1999 Daily Digest Senate Pending: Chamber Action Daschle Amendment No. 1232, in the nature of Routine Proceedings, pages S8309–S8422 a substitute. Pages S8313±28, S8335±67 Measures Introduced: Ten bills were introduced, as Dodd Amendment No. 1239 (to Amendment No. follows: S. 1352–1361. Page S8373 1232), to provide coverage for individuals partici- Patients’ Bill of Rights Act: Senate continued con- pating in approved clinical trials and for approved sideration of S. 1344, to amend the Public Health drugs and medical devices. Pages S8361±67 Service Act, the Employee Retirement Income Secu- Senate will continue consideration of the bill on rity Act of 1974, and the Internal Revenue Code of Wednesday, July 14, 1999. 1986 to protect consumers in managed care plans Treasury Department/Postal Service Appropria- and other health coverage, taking action on the fol- tions—Amendment Adopted: The following lowing amendments proposed thereto: amendment to S. 1282, making appropriations for Pages S8313±28, S8335±67 the Treasury Department, the United States Postal Adopted: Service, the Executive Office of the President, and By 52 yeas to 48 nays (Vote No. 199), Nickles certain Independent Agencies, for the fiscal year end- (for Frist) Amendment No. 1238 (to Amendment ing September 30, 2000, previously passed on July No. 1236), to make health care plans accountable for 1, 1999, was adopted during today’s proceedings: their decisions, enhancing the quality of patients care Page S8422 in America. Pages S8344±59 Jeffords (for Campbell) Amendment No. 1240, to By 52 yeas to 48 nays (Vote No. 200), Nickles reduce certain expenses within the Federal Buildings Amendment No. 1236, to protect Americans from Fund of the General Services Administration, and to steep health care cost increases, or loss of health care provide for an increase within salaries and expenses insurance coverage. Pages S8318±25, S8359±60 for the Bureau of Alcohol, Tobacco and Firearms. By 53 yeas to 47 nays (Vote No. 202), Nickles (for Santorum) Amendment No. 1234 (to Amend- Page S8422 ment No. 1233), to do no harm to Americans’ Removal of Injunction of Secrecy: The injunction health care coverage, and expand health care coverage of secrecy was removed from the following treaty: in America. Pages S8313, S8360±61 Extradition Treaty with Paraguay (Treaty Doc. Daschle (for Kennedy) Amendment No. 1233 (to 106–4). Amendment No. 1232), to ensure that the protec- The treaty was transmitted to the Senate today, tions provided for in the Patients’ Bill of Rights considered as having been read for the first time, and apply to all patients with private health insurance. referred, with accompanying papers, to the Com- Pages S8361±67 mittee on Foreign Relations and was ordered to be Rejected: printed. Page S8422 By 48 yeas to 52 nays (Vote No. 198), Kennedy Messages From the President: Senate received the (for Robb) Amendment No. 1237 (to Amendment following message from the President of the United No. 1236), to provide coverage for certain items and States: services related to the treatment of breast cancer and Transmitting the report on the national emer- to provide access to appropriate obstetrical and gyne- cological care, and to accelerate the deductibility of gency concerning weapons of mass destruction; re- health insurance for the self-employed. ferred to the Committee on Banking, Housing, and Urban Affairs. (PM–47). Page S8371 Pages S8325±28, S8335±44 By 47 yeas to 53 nays (Vote No. 201), Graham Nominations Confirmed: Senate confirmed the fol- Amendment No. 1235 (to Amendment No. 1233), lowing nominations: to provide for coverage of emergency medical care. T. John Ward, of Texas, to be United States Dis- Pages S8313±18, S8360 trict Judge for the Eastern District of Texas. D790 July 13, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D791 David L. Goldwyn, of the District of Columbia to ket value certain parcels of public land in the city; be an Assistant Secretary of Energy (International and S. 1329, to direct the Secretary of the Interior Affairs). to convey certain land to Nye County, Nevada, after James B. Lewis, of New Mexico, to be Director of receiving testimony from Senator Reid; Larry Finfer, the Office of Minority Economic Impact, Depart- Assistant Director for Communications, Bureau of ment of Energy. Land Management, Department of the Interior; Lewis Andrew Sachs, of Connecticut, to be an As- Bryan Montgomery, City of Mesquite, Nevada; and sistant Secretary of the Treasury. Stephen Bradhurst, Nevada Science and Technology Stuart E. Eizenstat, of Maryland, to be Deputy Center, Reno, Nevada. Secretary of the Treasury. Pages S8421±22 NOMINATIONS Messages From the President: Page S8371 Committee on the Judiciary: Committee concluded Messages From the House: Page S8371 hearings on the nominations of Charles R. Wilson, Measures Referred: Page S8371 of Florida, to be United States Circuit Judge for the Communications: Pages S8371±72 Eleventh Circuit, William Haskell Alsup, to be Petitions: Pages S8372±73 United States District Judge for the Northern Dis- trict of California, Adalberto Jose Jordan, to be Statements on Introduced Bills: Pages S8373±86 United States District Judge for the Southern Dis- Additional Cosponsors: Pages S8386±88 trict of Florida, Carlos Murguia, to be United States Amendments Submitted: Pages S8388±95 District Judge for the District of Kansas, and Marsha J. Pechman, to be United States District Judge for Notices of Hearings: Pages S8395±96 the Western District of Washington, after the nomi- Authority for Committees: Page S8396 nees testified and answered questions in their own Additional Statements: Pages S8396±S8405 behalf. Mr. Wilson and Mr. Jordan were introduced by Senators Graham and Mack, Mr. Alsup was intro- Text of S. 1282, as Previously Passed: duced by Senator Boxer, Mr. Murguia was intro- Pages S8405±21 duced by Senators Brownback and Roberts, and Ms. Record Votes: Five record votes were taken today. Pechman was introduced by Senators Gorton and (Total—202) Pages S8344, S8359±61 Murray. Adjournment: Senate convened at 9:30 a.m., and adjourned at 8:41 p.m., until 9:30 a.m., on Wednes- ELEMENTARY AND SECONDARY day, July 14, 1999. (For Senate’s program, see the EDUCATION ACT remarks of the Acting Majority Leader in today’s Committee on Health, Education, Labor, and Pensions: Record on page S8422.) Committee resumed hearings on proposed legislation authorizing funds for programs of the Elementary Committee Meetings and Secondary Education Act, focusing on safe and drug free schools, receiving testimony from Barry R. (Committees not listed did not meet) McCaffrey, Director, Office of National Drug Con- trol Policy; William Modzeleski, Director, Safe and NEVADA LAND CONVEYANCES Drug-Free Schools Program, Department of Edu- Committee on Energy and Natural Resources: Sub- cation; David S. Wolk, Rutland Public Schools, Rut- committee on Forests and Public Land Management land, Vermont; Rosalind Brannigan, Drug Strategies, concluded hearings on S. 1330, to give the city of Washington, D.C.; and Hope Taft, Columbus, Ohio. Mesquite, Nevada, the right to purchase at fair mar- Hearings continue on Tuesday, July 20. h House of Representatives H. Con. Res. 151–153 and H. Res. 244, were intro- Chamber Action duced. Pages H5455±56 Bills Introduced: 13 public bills, H.R. 2488–2500; Reports Filed: Reports were filed today as follows: 2 private bills, H.R. 2501–2502; and 4 resolutions, D792 CONGRESSIONAL RECORD — DAILY DIGEST July 13, 1999 H. Res. 245, providing for consideration of H.R. The McGovern amendment that increases funding 1691, to protect religious liberty (H. Rept. for the Land and Water Conservation Fund state-side 106–229); grant program by $30 million (agreed to by a re- H.R. 535, to direct the Secretary of the Interior corded vote of 213 ayes to 202 noes, Roll No. 281); to make corrections to a map relating to the Coastal Pages H5409±19, H5431±32 Barrier Resources System (H. Rept. 106–230); and The Sanders amendment that increases Payment H.R. 2490, making appropriations for the Treas- In Lieu of Taxes (PILT) funding by $20 million, ap- ury Department, the United States Postal Service, plies $30 million to deficit reduction, and reduces the Executive Office of the President, and certain fossil energy research and development funding by Independent Agencies, for the fiscal year ending Sep- $50 million (agreed to by a recorded vote of 248 tember 30, 2000 (H. Rept. 106–231). Page H5455 ayes to 169 noes, Roll No. 282); Recess: The House recessed at 9:27 a.m. and recon- Page H5419±22, H5432±33 The George Miller of California amendment that vened at 10:00 a.m. Page H5372 prohibits funds to be used directly to construct tim- Suspensions: The House agreed to suspend the rules ber access roads in the National Forest System; and pass the following measures: Pages H5434±35 Technical Corrections to U.S. Code: H.R. 916, The Faleomavaega amendment that specifies con- amended, to make technical amendments to section ditions for a loan to be granted to the government 10 of title 9, United States Code. Agreed to amend of American Samoa with the repayment accom- the title; and Pages H5375±77 plished from the Tobacco Master Settlement Agree- Commending the U.S. Women’s Soccer Team: H. ment and establishes a fiscal and managerial reform Res. 244, expressing the sense of the House of Rep- program for American Samoa; and Pages H5436±37 resentatives with regard to the United States Wom- The Crowley amendment that specifies that the en’s Soccer Team and its winning performance in the National Endowment for the Arts include urban mi- 1999 Women’s World Cup tournament. norities in the definition of ‘‘underserved popu- lations’’. Pages H5437±38 Pages H5377±83 Rejected: Recess: The House recessed at 11:40 a.m. and re- The Gutknecht amendment that sought to make convened at 2:34 p.m. Page H5387 available $250,000 for an indoor American Bald Military Construction Appropriations Act: The Eagle viewing and teaching facility; Pages H5427±28 House passed H.R. 2465, making appropriations for The Coburn amendment that sought to reduce military construction, family housing, and base re- funding for the Fish and Wildlife Service by $2 mil- alignment and closure for the Department of Defense lion (rejected by a recorded vote of 131 ayes to 287 for the fiscal year ending September 30, 2000, by a noes, Roll No. 283); and Pages H5425±26, H5433 yea and nay vote of 418 yeas to 4 nays, Roll No. The Ney amendment that sought to reduce De- 280. Pages H5387±96 partment of the Interior travel funding by $5 mil- H. Res. 242, the rule that provided for consider- lion. Pages H5435±36 ation of the bill was agreed to earlier by voice vote. Withdrawn: Pages H5383±84 The Coburn amendment was offered but subse- Department of the Interior and Related Agen- quently withdrawn that sought to reduce funding for cies Appropriations Act: The House completed the Fish and Wildlife Service funding by $5.1 mil- general debate and began considering amendments lion; Pages H5423±24 to H.R. 2466, making appropriations for the De- The Ehlers amendment was offered but subse- partment of the Interior and related agencies for the quently withdrawn that sought to make available fiscal year ending September 30, 2000. Consider- $422,000 for Great Lakes Fish and Wildlife restora- ation will resume on July 14. Pages H5396±H5439 tion activities; and Pages H5426±27 Agreed to: The Mica amendment was offered but subse- The George Miller of California amendment that quently withdrawn that sought to make available $9 increases funding for urban parks and recreation million for acquisition of land along the St. Johns grant programs by $4 million and reduces funding River in Central Florida. Page H5431 for the Commonwealth of the Northern Mariana Is- H. Res. 243, the rule that is providing for consid- lands accordingly; Pages H5429±30 eration of the bill was agreed to earlier by voice The Regula amendment that strikes language that vote. Pages H5384±87 amends the National Historic Preservation Act of Presidential Message—National Emergency Re 1966; Page H5430 Proliferation of Weapons of Mass Destruction: July 13, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D793

Read a message from the President wherein he trans- ELECTRONIC COMMERCE mitted his periodic report on the national emergency Committee on Commerce: Subcommittee on Tele- declared in response to the threat posed by the pro- communications, Trade, and Consumer Protection liferation of nuclear, biological, and chemical weap- held a hearing on Electronic Commerce: The Current ons—referred to the Committee on International Re- Status of Privacy Protections for Online Consumers. lations and ordered printed (H. Doc. 106–93). Testimony was heard from the following officials of Page H5439 the FTC: Robert Pitofsky, Chairman; Orson Swindle, Senate Messages: Message received from the Senate Sheila F. Anthony and Mozelle W. Thompson, all appears on page H5372. Commissioners; and public witnesses. Amendments Ordered Printed: Amendments or- dered printed pursuant to the rule appear on pages COMPREHENSIVE SCHOOL REFORM H5456–59. Committee on Education and the Workforce: Held a hear- Quorum Calls—Votes: One yea and nay vote and ing on Comprehensive School Reform: Current Sta- three recorded votes developed during the pro- tus and Issues. Testimony was heard from Scott ceedings of the House today and appear on pages Jones, Coordinator of Student Learning, Department H5395–96, H5431–32, H5432–33, and H5433. of Public Instruction, State of Wisconsin; and public There were no quorum calls. witnesses. Adjournment: The House met at 9:00 a.m. and ad- ILLEGAL DRUGS—DECRIMINALIZATION journed at 10:42 p.m. Committee on Government Reform: Subcommittee on Criminal Justice, Drug Policy, and Human Re- Committee Meetings sources held a hearing on Decriminalization of Ille- TREASURY, POSTAL SERVICE, AND gal Drugs. Testimony was heard from the following GENERAL GOVERNMENT APPROPRIATIONS officials of the State of New York: Charles J. Hynes, Committee on Appropriations: Ordered reported a meas- District Attorney, King’s County; and Katherine ure making appropriations for the Treasury Depart- Lapp, Director, Criminal Justice, Office of the Gov- ment, the United States Postal Service, the Executive ernor; Barbara Broderick, Director, Adult Probation, Office of the President, and certain Independent Supreme Court, State of Arizona; and public wit- Agencies, for the fiscal year ending September 30, nesses. 2000. SECURITY AND FREEDOM THROUGH CAMPAIGN REFORM ENCRYPTION (SAFE) ACT Committee on House Administration: Continued hearings Committee on Armed Services: Held a hearing on H.R. on Campaign Reform. Testimony was heard from 850, Security and Freedom through Encryption Representatives Doolittle, Burton, Bereuter, Pitts, (SAFE) Act. Testimony was heard from the following Goodling, Price of North Carolina, Paul and Wat- officials of the Department of Justice: Janet Reno, kins. Attorney General; and Louis J. Freeh, Director, FBI; William A. Reinsch, Under Secretary, Export Ad- SECURITY AND FREEDOM THROUGH ministration, Department of Commerce; and public ENCRYPTION (SAFE) ACT witnesses. Committee on International Relations: Ordered reported, COSTS OF TRANSITIONING TO SOLVENCY amended, H.R. 850, Security and Freedom through Encryption (SAFE) Act. Committee on the Budget: Social Security Task Force held a hearing on the Costs of Transitioning to Sol- OVERSIGHT vency. Testimony was heard from public witnesses. Committee on Resources: Held an oversight hearing on DEPARTMENT OF ENERGY upcoming meeting on the Convention on Inter- RESTRUCTURING national Trade in Endangered Species of Wild Fauna Committee on Commerce: Subcommittee on Energy and and Flora. Testimony was heard from Donald J. Power and the Subcommittee on Energy and Envi- Barry, Assistant Secretary, Fish and Wildlife and ronment of the Committee on Science held a joint Parks, Department of the Interior; Penelope Dalton, hearing on Restructuring the Department of Energy. Assistant Administrator, Fisheries, NOAA, Depart- Testimony was heard from Victor Rezendes, Direc- ment of Commerce; and Michael Lidsky, Assistant tor, Energy, Resources, and Science Issues, GAO; Director, Regulatory Coordination, Animal and and public witnesses. Plant Health Inspection Service, USDA. D794 CONGRESSIONAL RECORD — DAILY DIGEST July 13, 1999 MISCELLANEOUS MEASURES Ros-Lehtinen; Michael Davis, Deputy Assistant Sec- Committee on Resources: Subcommittee on Forests and retary of the Army, Policy and Legislation; Dana D. Forest Health held a hearing on the following bills: Minerva, Deputy Assistant Administrator, Water, H.R. 1185, Timber-Dependent Counties Stabiliza- EPA; Sally J. Yozell, Deputy Assistant Secretary, tion Act of 1999; and H.R. 2389, County Schools Oceans and Atmosphere, NOAA, Department of Funding Revitalization Act of 1999. Testimony was Commerce; and public witnesses. heard from Representative Boyd; Mike Dombeck, FINANCIAL FREEDOM ACT Chief, Forest Service, USDA; and public witnesses. Committee on Ways and Means: Began markup of H.R. MISCELLANEOUS MEASURES 2488, Financial Freedom Act of 1999. Committee on Resources: Subcommittee on National Will continue tomorrow. Parks and Public Lands held a hearing on the fol- ENCRYPTION BRIEFING lowing bills: H.R. 20, Upper Delaware Scenic and Permanent Select Committee on Intelligence: Met in execu- Recreational River Mongaup Visitor Center Act of tive session to receive a briefing on Encryption. The 1999; H.R. 748, to amend the Act that established Committee was briefed by departmental witnesses. the Keweenaw National Historical Park to require the Secretary of the Interior to consider nominees of f various local interests in appointing members of the COMMITTEE MEETINGS FOR WEDNESDAY, Keweenaw National Historical Parks Advisory Com- JULY 14, 1999 mission; H.R. 1695, Ivanpah Valley Airport Public (Committee meetings are open unless otherwise indicated) Lands Transfer Act; and H.R. 1725, Miwaleta Park Expansion Act. Testimony was heard from Rep- Senate resentatives Gilman, Stupak, Gibbons and DeFazio; Committee on Appropriations: Subcommittee on Defense, the following officials of the Department of the Inte- to hold hearings on forward operating locations for rior: Jacqueline Lowey, Deputy Director, National counterdrug operations, 10 a.m., SD–192. Park Service; and Tom Fry, Acting Director, Bureau Subcommittee on Agriculture, Rural Development, and of Land Management; and public witnesses. Related Agencies, to hold hearings on health care cost issues affecting rural hospitals, 10 a.m., SD–138. RELIGIOUS LIBERTY PROTECTION ACT Committee on Energy and Natural Resources: with the Committee on Rules: Granted, by voice vote, a struc- Committee on Indian Affairs, to hold joint oversight tured rule, providing one hour of debate on H.R. hearings on the General Accounting Office report on In- 1691, Religious Liberty Protection Act of 1999. The terior Department’s trust funds reform, 9:30 a.m., SH–216. rule waives all points of order against consideration Committee on Environment and Public Works: to hold hear- of the bill. The rule makes in order an amendment ings on conformity issues relating to the Clean Air Act, in the nature of a substitute if printed in the Con- 9:30 a.m., SD–406. gressional Record, if offered by Representative Con- Committee on Finance: Subcommittee on International yers of Michigan or his designee, debatable for one Trade, to hold hearings on managing global and regional hour equally divided between the proponent and an trade policy without fast track negotiating authority, 3 opponent. Finally, the rule provides one motion to p.m., SD–215. recommit, with or without instructions. Testimony Committee on Governmental Affairs: to hold hearings on was heard from Representatives Canady of Florida S. 1214, to ensure the liberties of the people by pro- and Nadler. moting federalism, to protect the reserved powers of the States, to impose accountability for Federal preemption of IRAN NONPROLIFERATION ACT State and local laws, 3 p.m., SD–342. Committee on Science: Subcommittee on Space and Aer- Committee on Health, Education, Labor, and Pensions: Sub- onautics held a hearing on H.R. 1883, Iran Non- committee on Children and Families, to hold oversight proliferation Act. Testimony was heard from John hearings on the implementation Family Medical Leave Act, 9:30 a.m., SD–430. Schumacher, Associate Administrator, External Rela- Committee on Indian Affairs: with the Committee on En- tions, NASA; and public witnesses. ergy and Natural Resources, to hold joint oversight hear- ESTUARIES AND COASTAL WATER ings on the General Accounting Office report on Interior QUALITY Department’s trust funds reform, 9:30 a.m., SH–216. Select Committee on Intelligence: closed business meeting; Committee on Transportation and Infrastructure: Sub- to be followed by a closed hearing on pending intel- committee on Water Resources and Environment ligence matters, 2 p.m., SH–219. held a hearing on Estuaries and Coastal Water Qual- Committee on the Judiciary: to hold hearings to examine ity. Testimony was heard from Representatives competition and consumer choice in high-speed internet Saxton, Shays, Lazio, Forbes, Ackerman, Deutsch and services and technologies, 10 a.m., SD–628. July 13, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D795 House Committee on Education and the Workforce, to mark up H.R. 1102, Comprehensive Retirement Security and Pen- Committee on Appropriations, Subcommittee on Foreign Operations, Export Financing and Related Programs, to sion Reform Act, 10:30 a.m., 2175 Rayburn. mark up appropriations for fiscal year 2000, 10 a.m., Committee on International Relations, hearing on the H–140 Capitol. Treatment of Israel by the United Nations, 10 a.m., 2172 Subcommittee on the District of Columbia, to mark up Rayburn. appropriations for fiscal year 2000, 4 p.m., H–144 Cap- Committee on Rules, to consider the following: a measure itol. making appropriations for the Treasury Department, the Committee on Armed Services, hearing on Department of United States Postal Service, the Executive Office of the Energy reorganization, 10 a.m., 2118 Rayburn. President, and certain Independent Agencies, for the fiscal Committee on Banking and Financial Services, Sub- year ending September 30, 2000; H.R. 2415, American committee on Housing and Community Opportunity, Embassy Security Act of 1999; and H.R. 434, African hearing on the Aging Crisis and H.R. 202, Preserving Growth and Opportunity Act, 1 p.m., H–313 Capitol. Affordable Housing for Senior Citizens into the 21st Cen- Committee on Science, Subcommittee on Basic Research, tury Act, 2:30 p.m., 2128 Rayburn. hearing on the Networking and Information Technology Committee on Commerce, Subcommittee on Oversight and Research and Development Act, 2 p.m., 2318 Rayburn. Investigations, hearing on How Healthy Are the Govern- Committee on Ways and Means, to continue markup of ment’s Medicare Fraud Fighters? 10 a.m., 2322 Rayburn. H.R. 2488, Financial Freedom Act of 1999, 10 a.m., Subcommittee on Telecommunications, to mark up 1100 Longworth. H.R. 2384, Corporation for Public Broadcasting Author- Permanent Select Committee on Intelligence, hearing on ization Act of 1999, 10 a.m., 2123 Rayburn. Encryption, 10 a.m., 2212 Rayburn. D796 CONGRESSIONAL RECORD — DAILY DIGEST July 13, 1999

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, July 14 10 a.m., Wednesday, July 14

Senate Chamber House Chamber Program for Wednesday: After the recognition of three Program for Wednesday: Complete consideration of Senators for speeches and the transaction of any morning H.R. 2466, Department of the Interior and Related business (not to extend beyond 10 a.m.), Senate will con- Agencies Appropriations Act, 2000 (open rule); and tinue consideration of S. 1344, Patients’ Bill of Rights Consideration of H.R. 1691, Religious Liberty Protec- Act. tion Act (structured rule, one hour of general debate).

Extensions of Remarks, as inserted in this issue

HOUSE Jones, Stephanie Tubbs, Ohio, E1524 Pomeroy, Earl, N.D., E1527 Kaptur, Marcy, Ohio, E1530 Radanovich, George, Calif., E1524, E1525, E1526 Blunt, Roy, Mo., E1527 Kolbe, Jim, Ariz., E1523 Sanchez, Loretta, Calif., E1530 Chambliss, Saxby, Ga., E1530 Kucinich, Dennis J., Ohio, E1521, E1523 Sanders, Bernard, Vt., E1521 Eshoo, Anna G., Calif., E1525 McInnis, Scott, Colo., E1522 Shimkus, John, Ill., E1525, E1525 Etheridge, Bob, N.C., E1526, E1529 Miller, Gary G., Calif., E1524, E1525, E1526 Shows, Ronnie, Miss., E1522 Forbes, Michael P., N.Y., E1523 Oberstar, James L., Minn., E1524, E1525, E1526, E1527, Stark, Fortney Pete, Calif., E1524 Green, Gene, Tex., E1529 E1528 Vento, Bruce F., Minn., E1527 Hefley, Joel, Colo., E1528 Ortiz, Solomon P., Tex., E1523 Wise, Robert E., Jr., West Va., E1523 Hoekstra, Peter, Mich., E1527 Owens, Major R., N.Y., E1521 Isakson, Johnny, Ga., E1526 Paul, Ron, Tex., E1524

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