July 26, 2000 CONGRESSIONAL RECORD—SENATE 16283 SENATE—Wednesday, July 26, 2000

The Senate met at 9:31 a.m. and was Again, if cloture is invoked on the mo- to be offered, the time for the debate, called to order by the President pro tion, postcloture debate will begin im- and some tangential but very impor- tempore [Mr. THURMOND]. mediately. tant issues such as the consideration of As a reminder, on Thursday the appointments of Federal district court PRAYER morning hour has been set aside for judges across America to fill vacancies. The Chaplain, Dr. Lloyd John those Senators who wish to make their These judgeships have been a source of Ogilvie, offered the following prayer: final statements in remembrance of great controversy in recent times be- Almighty God, take charge of the the life of our former friend and col- cause there is a clear difference of control centers of our brains. Think league, Senator Paul Coverdell. At the opinion between Democrats and Repub- Your thoughts through us and send to expiration of that time, a vote on the licans about how many judges should our nervous systems the pure signals of motion to proceed to the energy and be appointed this year. Your peace, power, and patience. Give water appropriations bill will occur. Of course, the Republicans in control us minds responsive to Your guidance. I thank my colleagues for their at- of the Senate are hopeful that their Take charge of our tongues so that tention. I yield the floor. I suggest the candidate for President will prevail in we may speak truth with clarity, with- absence of a quorum. November and that all of the vacancies out rancor or anger. May our debates The PRESIDENT pro tempore. The can then be filled by a Republican be efforts to reach agreement rather clerk will call the roll. President. That is understandable. The than simply to win arguments. Help us The legislative clerk proceeded to Democrats, on the other hand, in the to think of each other as fellow Ameri- call the roll. minority in the Senate, have a Presi- cans seeking Your best for our Nation, Mr. DURBIN. Mr. President, I ask dent who has the authority to appoint rather than enemy parties seeking to unanimous consent that the order for these judges and wants to exercise that defeat each other. Make us channels of the quorum call be rescinded. authority in this closing year. Therein Your grace to others. May we respond The PRESIDING OFFICER (Mr. AL- lies the clash in confrontation. to Your nudges to communicate affir- LARD). Without objection, it is so or- Historically, the last time the tables mation and encouragement. dered. were turned and there was a Repub- Help us to catch the drumbeat of f lican President and a Democratic Sen- ate, President Ronald Reagan had 60 Your direction and march to the ca- RESERVATION OF LEADER TIME dence of Your guidance. Here are our Federal district court judges appointed lives. Inspire them with Your calming The PRESIDING OFFICER. Under in the election year. In fact, there were Spirit, strengthen them with Your the previous order, the leadership time hearings on some of them as late at powerful presence, and imbue them is reserved. September of that year. This year, we with Your gift of faith to trust You to f have had about 30 appointed and we have many more vacancies, many more bring unity into our diversity. In our MORNING BUSINESS Lord’s name. Amen. pending. We are hopeful, on the Demo- The PRESIDING OFFICER. Under cratic side, these will be filled. Those f the previous order, there will now be a on the Republican side are adamant PLEDGE OF ALLEGIANCE period for the transaction of morning that they do not want to bring them The Honorable WAYNE ALLARD, a business for debate only, except for a up. I hope they will reconsider that and Senator from the State of Colorado, led motion to proceed made by the major- at least give Democrats the same con- the Pledge of Allegiance, as follows: ity leader or his designee and the filing sideration we offered President Reagan I pledge allegiance to the Flag of the of a cloture motion thereon. Senators when he faced a Democratic Senate United States of America, and to the Repub- will be permitted to speak therein for with many Federal district court va- lic for which it stands, one nation under God, up to 10 minutes each. Under the pre- cancies. indivisible, with liberty and justice for all. vious order, there should be 20 minutes The other item of business which f under the control of the Senator from consumed our attention over the last Illinois, Mr. DURBIN, or his designee, week or two related to tax relief. It is RECOGNITION OF THE ACTING and under the previous order there an interesting issue and one that many MAJORITY LEADER should be 20 minutes under the control Members like to take back home and The PRESIDENT pro tempore. The of the Senator from Maine, Ms. COL- discuss; certainly most American fami- acting majority leader, Senator AL- LINS, or her designee. lies, regardless of whether they are LARD, is recognized. The Senator from Illinois. rich or poor, desire some reduction in f f their tax burden. The difference of opinion between the SCHEDULE LEGISLATIVE PRIORITIES Democrats and Republicans on this Mr. ALLARD. Mr. President, today Mr. DURBIN. Mr. President, I am issue is very stark. There is a consider- the Senate will be in a period of morn- certain those who were observing the ation on the Republican side that tax ing business until 10:15 a.m. with Sen- Senate Chamber yesterday and perhaps relief should go to those who pay the ators DURBIN and COLLINS in control of the day before are curious as to why most. Of course, those who pay the the time. Following morning business, absolutely nothing is happening. It re- most taxes are, in fact, the wealthiest the Senate will proceed to a cloture flects the fact that there is no agree- in this country. We have a progressive vote on the motion to proceed to the ment between the parties as to how to tax system. We have had it for a long Treasury and general government ap- proceed on the business of the Senate, time. We believe if one is fortunate propriations bill. If cloture is invoked, particularly on the appropriations enough to be successful, those tax- the Senate will begin 30 hours of bills. payers owe something back to this postcloture debate. If cloture is not in- At this moment in time negotiations country. Those who are more success- voked, the Senate will proceed to a sec- are underway, and hopefully they will ful owe more back to this country. You ond vote on the motion to proceed to be completed successfully very soon. can’t take blood from a turnip; you the intelligence authorization bill. At issue is the number of amendments can’t put a high tax rate on a person

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

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.000 S26JY0 16284 CONGRESSIONAL RECORD—SENATE July 26, 2000 with a low income. But you can cer- month; if you happen to be with the Republican answer is: Tax cuts for tainly say to a successful person: We vast majority of Americans, you re- wealthy people. The Democratic an- ask you to contribute back to America. ceive $16 a month. swer is much different: First, pay down We ask you, in the payment of taxes, That is the Republican view of the the national debt. We can’t guarantee to help maintain this great Nation world. That is the Republican view of the surplus will be here in a year, 2 which has given you, your family, and tax relief: If we are going to help peo- years, or 10 years. If it is here, your business such a wonderful oppor- ple, for goodness’ sake, let’s help the shouldn’t it be our highest priority? tunity. wealthy feel their pain, understand the Let’s wipe off the debt of this country The Republican program from the anxiety they must face in making in- as best we can, reduce the burden on start, as long as I have served in Con- vestments, in choosing locations for our children, invest in Social Security gress, has always been to reduce the new vacation homes, and give them and in Medicare. tax burden on those who are the some tax relief. This is not a wild-eyed idea. It is wealthiest in this country. I happen to The fact is that 80 percent of Ameri- what Alan Greenspan of the Federal believe the tables should be turned and cans are making under $50,000 a year. Reserve recommends. It is what major we should have a situation where those For these Americans, $15 or $16 a economists recommend. But you can- who are in the lower income groups month is something, but it is certainly not sell it on the Republican side of the and middle-income families who are not going to change their lifestyle. aisle. They think, instead, we should struggling to make ends meet should Mr. President, 26 percent of Ameri- give tax cuts to the wealthy. be the ones most deserving of tax re- cans make between $50,000 and $100,000 We think we should bring down the lief. That is a difference in philosophy, a year. In those two categories of peo- national debt and invest in Social Se- a difference between the parties, and is ple under $100,000 a year and under curity and Medicare. If we are to have reflected very clearly in the debate we $50,000 a year, we find the vast major- tax cuts, let us target these tax cuts to have had over the last 2 weeks. ity of American families, the over- people who really need them, not the This is a chart which I have been whelming majority, and the people who folks making over $300,000 a year. They bringing to the floor on a regular basis. will not benefit from the idea of tax re- are going to do quite well. They are Some House Republicans told me this lief propounded by the Republicans on going to have nice homes on islands off morning that they are tired of seeing the floor. They suggest to all American the coast of Maine. They are going to my chart. They are going to have to families they have them in mind when have places in Florida and California. get a little more exhausted because I it comes to tax relief. The facts tell a They are going to have a very com- am going to produce it again today. different story. fortable life. This chart outlines what happens with Look at what we have suggested in- But what about the people who live the Republican tax plans, with their stead. The Democrats think we have to in Chicago? What about the people who idea of tax cuts. be much more responsible in spending live in Portland, ME? What about those In the area of the estate tax, a tax is this Nation’s surplus or investing. It who live in Philadelphia, PA? I would imposed on less than 2 percent of the wasn’t that long ago we were deep in like to take to them this proposal, not American population. Of 2.3 million deficit with a national debt that accu- to eliminate taxes on those making people who die each year, only 40,000 mulated to almost $6 trillion. Now we over $300,000 a year but to say to work- end up with any liability under the es- are at a point where we have a strong ing families and middle-income fami- tate tax. It is a tax reserved for those economy, families are doing better, lies: Here are targeted tax cuts that who really have large estates that they businesses are doing better, people are you can use, that will help your life. have accumulated during a lifetime. making more money, and the tax reve- Let’s provide for a marriage tax pen- There are exemptions that people can nues coming in reflect it. That surplus alty elimination for working families. write off when it comes to the estate is what we are debating. We have gone Let’s expand educational opportunities tax liability, and those exemptions are from the days of the Reagan-Bush defi- by making tuition costs tax deductible. growing, as they should, to reflect the cits to a new era where we are talking Think about your concern of sending cost of living increases. about a surplus and what we will do your son or daughter through college By and large, the Republicans have with it. and the increasing cost of a college proposed to do away with the tax com- Those who are younger in America education. For a family who is strug- pletely, so the very wealthiest of should pay attention to this debate. If gling to try to make ends meet and to Americans who pay this tax would re- you are a young person in America, we give their kids the best opportunity, to ceive the tax relief. are about to give you a very great na- be able to deduct those college edu- What does it mean? On the Repub- tion. Our generation hopes to hand cation expenses means an awful lot lican plan, if you happen to be a person over as good a country as we found, more to them than the comfort in making over $300,000 a year in income— perhaps even better, but we are also knowing that Donald Trump does not if my calculations are correct, that is going to hand over to you a very great have to pay estate taxes under the Re- about $25,000 a month in income—the debt of $6 trillion. That debt we have to publican proposal. Republicans have suggested you need pay interest on. It is like a mortgage. That is the difference in our view of an annual tax cut of $23,000 as a result You say to your children and grand- the world. The Republicans feel the of their elimination of the estate tax. children: Welcome to America, wel- pain of Donald Trump, that he might That boils down to close to $2,000 a come to this land of opportunity, have to pay these estate taxes. We be- month, for those making $25,000 a here’s the debt you will have to pay. lieve that families across America face month, that the Republicans would In the late 1980s and 1990s in America, a lot more anxiety and pain over how send your way when it comes to tax re- the political leadership in this country to pay for college education expenses. lief. accumulated a massive debt, starting We had a vote on the floor here, up or Most American income categories with the election of President Reagan, down, take your pick: Estate tax relief are people making between $40,000 and then with President Bush, and for the for Donald Trump or college deductions $65,000 a year. Under the Republican first few years of President Clinton we for the families working across Amer- plan, if you happen to be with the vast continued to see this debt grow. We ica. Sadly, the Republicans would not majority of Americans paying taxes, have turned the corner. Under the Clin- support the idea of college education you aren’t going to notice this tax re- ton-Gore leadership, under the votes expense deductions. lief; $200 a year is what the Repub- that have been cast by Democrats in Let’s talk about caring for elderly licans offer to you. That comes down to Congress, we now have a stronger econ- parents. Baby boomers understand $16 a month they are going to send omy. this. Everyone understands it. As your your way. If you are in the highest in- People have a right to ask, What are parents get older, they need special come categories, you receive $2,000 a we going to do with the surplus? The help. You are doing your best. I cannot

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.000 S26JY0 July 26, 2000 CONGRESSIONAL RECORD—SENATE 16285 tell you how many of my friends this 30,000 Americans every year to gun vio- I yield the floor. affects. I am in that generation of baby lence; 12 children every single day. For The PRESIDING OFFICER. The Sen- boomers—slightly older, I might add— the Republicans, it is not a priority to ator’s time has expired. The Senator but in a generation where a frequent bring this bill forward. from Maine. topic of conversation for my age group The Patients’ Bill of Rights, so your Ms. COLLINS. I thank the Chair. is how are your mom and dad doing? doctor can make the call on your med- (The remarks of Ms. COLLINS per- The stories come back, and some of ical treatment or your family’s med- taining to the introduction of S. 2924 them are heartbreaking, about Parkin- ical treatment—most people think that are located in today’s RECORD under son’s and Alzheimer’s and complica- is common sense. The insurance com- ‘‘Statements on Introduced Bills and tions with diabetes that lead to ampu- panies do not. They want their clerks Joint Resolutions.’’) tations and people finally having to to make the decision based on the bot- Ms. COLLINS. Mr. President, I see make the tough decision of asking tom line of profit and loss. It is not a that the Senate majority leader has their parents to consider living in a medical decision for them, it is a finan- come to the floor, so I yield to him. I place where they can receive some as- cial decision. And for a lot of families thank the Chair. sistance. it is disastrous when they cannot get The PRESIDING OFFICER (Mr. L. It is expensive. We, on the Demo- the appropriate care for their kids and CHAFEE). The Senate majority leader. cratic side, believe that helping to pay their families. We think a Patients’ Mr. LOTT. Mr. President, I thank the for those expenses the families endure Bill of Rights makes sense. The insur- Senator from Maine for her comments, because of aging parents is a good tax ance lobby opposed it. The insurance her leadership on so many important cut, one that is good for this country lobby prevailed. The special interest issues in the Senate, and for yielding and good for the families. Not so on the groups won on the floor and we have to me at this time so we may proceed. Republican side. When we offered this, gone nowhere with this proposal. they voted against it. They would rath- Minimum wage: $5.15 an hour for a f minimum wage that affects some 10 er give estate tax relief to the wealthi- ORDER OF BUSINESS est people. million workers across America. It is How about child care? Everybody about time for a pay raise. These folks Mr. LOTT. Mr. President, obviously I who got up this morning in America deserve to do better. It used to be bi- had hoped we would be making a lot and headed to work and left a small partisan. We didn’t even argue about more progress this week on appropria- child with a neighbor or at a day-care it. Now the Republicans say: No, no no, tions bills and other issues. That has center understands that this is tugging we can’t give a 50-cent-an-hour pay not transpired yet. But we have been at your mind constantly during the raise to people making $5.15 an hour. filing cloture motions, and we will be day. Is my child in safe hands? Is this Do you realize that 50 cents an hour getting votes. In some way we will deal a quality and positive environment for comes out to, what, $1,000 a year that this week with the Treasury-Postal my child to be in? How much does it we will give these people? Service appropriations bill. I hope we cost? Can we afford it? Can we do a lit- Yet we are going to turn around and can find a way to proceed on the en- tle better? give Donald Trump a $400 million tax ergy and water appropriations bill. We We, on the Democratic side, think we break on his estate? You cannot give will get to a vote at some point on the ought to help these families. They are working families a thousand bucks a intelligence authorization bill. So, working families who should have year, but you can give the one of the hopefully, we can still go forward. peace of mind. Senator DODD offered an superrich $400 million tax relief? Is I do not feel as if we are proceeding amendment that proposed tax credits, something upside-down in this Cham- appropriately, but in spite of that, I not only for day care, but also tax ber? I think so. think it generally was interpreted or credits for stay-at-home moms who de- Take a look at the prescription drug understood that I would try to begin cide they are going to forgo working, benefit. Ask Americans—Democrats, the discussion on the China PNTR bill. to stay with the children and try to Republicans, and Independents—the Even though it will be difficult to get raise them. We want to help in both of one thing we ought to do this year? A through the maze of clotures we have those circumstances. We think those guaranteed universal prescription drug had to file this week, I still think it is are the real problems facing America. benefit under Medicare. The pharma- the appropriate thing to do to begin The Republicans instead believe that ceutical companies oppose it. They are this process because we do not know estate tax relief for the superrich is pretty powerful characters in this exactly how long it will take to get to much more important. town. They have stopped this Senate a final vote on the China trade issue. Expand the earned-income tax credit and this House from considering it. I am still going to do my best to find for the working poor, help families Here we are, languishing, doing noth- a way to have the Thompson-Torricelli save for retirement, provide estate tax ing, when it comes to a prescription legislation considered in some manner relief—particularly to make sure that drug benefit. before we get to the substance of the a family-owned farm or a family-owned Finally, something for our schools. China trade bill because I think Chi- business can be passed on to the next Seven million kids in America attend nese nuclear weapons proliferation is a generation. I think the estate tax schools with serious safety code viola- very serious matter. We should discuss needs reform. We support that. We tions; 25,000 schools across our country that and have a vote on it. I think it voted for it. But we think the Repub- are falling down. Are we going to be would be preferable to do it aside from lican proposal goes way too far in pro- ready for the 21st century? Will our the trade bill itself. posing we abolish it. kids be ready? Will our workforce be In the end, if we can’t get any other I see my time is coming to a close. ready? You can answer that question way to get at it, these two Senators We think the agenda before this Con- by deciding at this point in time may exercise their right to offer it to gress is an agenda of missed opportuni- whether education is truly a priority the China PNTR bill. But I am going to ties. The Republicans are in control in and, if it is such a priority, then for continue to try to find a way for that the House and Senate. They decide goodness’ sakes we should invest more to be offered in another forum. I think what will be considered on the floor, if than 1 percent of our Federal budget in Senator DASCHLE indicated he would anything. They have failed to bring K–12 education. That is what we invest. work with us to try to see if we could forward commonsense gun safety legis- The Democrats, under the leadership of find a way to do that. But I do think if lation after Columbine, to try to keep Senator KENNEDY, believe that invest- we can go ahead and get started—and guns out of the hands of kids and ment is overdue. We think that is what since there will be resistance to the criminals. We passed it in the Senate families in America are looking for, motion to proceed—then we will file with AL GORE’s vote, sent it to the not for tax relief for the wealthiest cloture and have a vote on it then on House—the gun lobby killed it. We lose among us. Friday.

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.000 S26JY0 16286 CONGRESSIONAL RECORD—SENATE July 26, 2000 NONDISCRIMINATORY TREATMENT The motion is withdrawn. Mr. REID. I announce that the Sen- TO THE PEOPLE’S REPUBLIC OF Mr. LOTT. In conclusion, while we ator from New Jersey (Mr. TORRICELLI) CHINA—MOTION TO PROCEED seek Utopia in dealing with these ap- is necessarily absent. Mr. LOTT. So, Mr. President, I ask propriations bills, the promised land of The PRESIDING OFFICER. Are there unanimous consent that the Senate how we can work together to do the any other Senators in the Chamber de- now proceed to the consideration of people’s business, which we are not siring to vote? Calendar No. 575, H.R. 4444, regarding doing right now, at least in the case of The yeas and nays resulted—yeas 97, normal trade relations with the Peo- this bill, I believe we will have broad nays 0, as follows: ple’s Republic of China. bipartisan support for the China PNTR bill. I might add, there is going to be [Rollcall Vote No. 227 Leg.] The PRESIDING OFFICER. Is there YEAS—97 objection? some bipartisan opposition, too. Mr. REID. Objection. So as we get into the substance of Abraham Feingold Lugar Akaka Feinstein The PRESIDING OFFICER. Objec- this—which I would rather be getting Mack into rather than having to once again Allard Fitzgerald McCain tion is heard. Ashcroft Frist McConnell Mr. LOTT. I am sorry there is objec- file cloture on a motion to proceed—I Baucus Gorton Mikulski tion just to proceeding to the bill. But think we will have a good debate. I Bayh Graham Moynihan Bennett Gramm I know that Senator REID is objecting think it is going to serve the Senate Murkowski Biden Grams Murray on behalf of others who do not want us well. I think it will serve the American Bingaman Grassley Nickles people well. I believe when we do fi- Bond Gregg to proceed to it. I hope we can get to a Reed Boxer Hagel vote on Friday; and then when we come nally get to a vote, it will pass—and Reid probably should. But there are a lot of Breaux Harkin back in September this will be an issue Brownback Hatch Robb we can go to soon rather than later in serious questions still involved in how Bryan Helms Roberts the month. we are going to deal with China. So I Bunning Hollings Rockefeller Burns Hutchinson Roth CLOTURE MOTION look forward to this discussion. Mr. President, I yield the floor. Byrd Hutchison Santorum I move to proceed to the bill. So I Campbell Inhofe Sarbanes make that motion to proceed at this f Chafee, L. Inouye Schumer time, and I send a cloture motion to Cleland Jeffords Sessions TREASURY AND GENERAL GOV- Cochran Johnson Shelby the desk. ERNMENT APPROPRIATIONS ACT, Collins Kennedy Smith (NH) The PRESIDING OFFICER. The clo- 2001—MOTION TO PROCEED—Re- Conrad Kerrey Smith (OR) ture motion having been presented sumed Craig Kerry Snowe under rule XXII, the Chair directs the Crapo Kohl Specter The PRESIDING OFFICER. Under Daschle Kyl Stevens clerk to read the motion. DeWine the previous order, pursuant to rule Landrieu Thompson The assistant legislative clerk read Dodd Lautenberg Thurmond XXII, the Chair lays before the Senate Domenici Leahy as follows: Voinovich the pending cloture motion, which the Dorgan Levin CLOTURE MOTION Durbin Lieberman Warner clerk will state. Wellstone We the undersigned Senators, in accord- The assistant legislative clerk read Edwards Lincoln ance with the provisions of Rule XXII of the Enzi Lott Wyden Standing Rules of the Senate, do hereby as follows: move to bring to a close debate on the mo- CLOTURE MOTION NOT VOTING—2 tion to proceed to calendar No. 575, H.R. 4444, We the undersigned Senators, in accord- Thomas Torricelli a bill to authorize extension of nondiscrim- ance with the provisions of rule XXII of the The PRESIDING OFFICER. If there inatory treatment (normal trade relations Standing Rules of the Senate, do hereby treatment) to the People’s Republic of move to bring to a close debate on the mo- are no Senators wishing to vote or China: tion to proceed to calendar number 704, H.R. change their votes, on this vote, the Trent Lott, Pat Roberts, Larry E. Craig, 4871, a bill making appropriations for the yeas are 97, the nays are 0. Three-fifths Christopher Bond, Chuck Grassley, Ted Treasury Department, the United States of the Senators duly chosen and sworn Stevens, Connie Mack, Orin Hatch, Postal Service, the Executive Office of the having voted in the affirmative, the Frank H. Murkowski, Wayne Allard, President, and certain independent agencies, motion is agreed to. for the fiscal year ending September 30, 2001, Kay Bailey Hutchinson, Don Nickles, The Senator from South Carolina. Bill Roth, Michael Crapo, Slade Gor- and for other purposes: ton, and Craig Thomas. Trent Lott, Ben Nighthorse Campbell, (The remarks of Senator THURMOND Mr. LOTT. Mr. President, this clo- Pat Roberts, Richard G. Lugar, Jesse pertaining to the introduction of S. ture vote will occur on Friday, unless Helms, Jeff Sessions, Larry E. Craig, 2925 are located in today’s RECORD Jon Kyl, Craig Thomas, Don Nickles, under ‘‘Statements on Introduced Bills consent can be granted to conduct the Strom Thurmond, Michael Crapo, vote earlier or we are in a postcloture and Joint Resolutions.’’) Mitch McConnell, Fred Thompson, Mr. DORGAN. Mr. President, I take a situation on the Treasury-Postal Serv- Judd Gregg, and Ted Stevens. ice appropriations bill. There is opposi- few moments following this cloture The PRESIDING OFFICER. By unan- vote to talk about the appropriations tion, obviously, to this motion to pro- imous consent, the mandatory quorum ceed. But I still think that adequate bill and a couple of related matters to call under the rule has been waived. that bill that are to be brought to the time can be used for discussion. I know The question is, Is it the sense of the Senate floor. We are completing the there are a number of Senators who Senate that debate on the motion to last week of the legislative session be- would like to see this vote occur on proceed to the consideration of H.R. fore the August break. When we come Thursday instead of Friday. I am will- 4871, an act making appropriations for ing to accommodate that. But if that the Treasury Department, the United back following the August break, we cannot be worked out, then we will States Postal Service, the Executive will have a number of weeks in Sep- have the vote on Friday. If we are in a Office of the President, and certain tember and a couple of weeks in Octo- postcloture situation, the vote could be Independent Agencies, for the fiscal ber, perhaps, at which time the 106th postponed for some time. But I ask year ending September 30, 2001, and for Congress will be history. unanimous consent that the manda- other purposes, shall be brought to a We will have an election in early No- tory quorum be waived. close? vember, something that the late Con- The PRESIDING OFFICER. Without The yeas and nays are required under gressman Claude Pepper, a wonderful objection, it is so ordered. the rule. The clerk will call the roll. public servant, used to call one of the Mr. LOTT. I now withdraw the mo- The assistant legislative clerk called miracles of democracy. He said: Every tion to proceed. I believe I have that the roll. even numbered year, our Constitution right. Mr. NICKLES. I announce that the provides that the American people grab The PRESIDING OFFICER. The Sen- Senator from Wyoming (Mr. THOMAS) is the steering wheel and decide in which ator has that right. necessarily absent. direction this country moves. He said

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.000 S26JY0 July 26, 2000 CONGRESSIONAL RECORD—SENATE 16287 it was one of the miracles of democ- campaign in the drug czar’s office is country. These sanctions, in the form racy. Indeed it is. We are headed to- now about 3 years old, and the Con- of either sanctions or an embargo, are ward an election. That will affect the gress has been working on that dili- an attempt to choke your economy and Senate schedule. That means it is like- gently, as well. cause you economic pain. They cause ly the Senate will complete its work, We have a number of issues in this you to understand when you operate the Congress will complete its work, in legislation that are very important, outside the norms of international be- the 106th Congress by the middle of Oc- that are timely, and that we need to havior, when you are attempting to ac- tober. get to the floor of the Senate to debate quire nuclear weapons, chemical weap- As we look to that moment, we have and try to make some decisions about ons, and biological weapons with which a lot of work to do between now and them. you can threaten your neighbors, we then. We have appropriations bills to Let me comment for a moment about care about that and we intend to do complete. After all that, one of the fun- a couple of issues that no doubt will be something about that. We and other damental responsibilities we have is to brought to the Senate floor on this bill. countries have imposed sanctions provide for the funding of things we do I will talk about why these issues are against the country of Iraq. together in government. We build our important and what I think will hap- We have had an embargo against the roads together. It doesn’t make sense pen with these issues. In the House of country of Cuba for some 40 years. It is for each family to build their own road Representatives, when they wrote the a small country 90 miles off the tip of to the supermarket. It is called govern- legislation dealing with Treasury and Florida. We have had an embargo for ment. We come together and build a general government in that sub- some 40 years against the country of system of roads. We come together to committee, that legislation included Cuba, preventing goods from being build schools and maintain and operate some amendments dealing with the shipped to Cuba, preventing Cuban schools in which the American people subject of Cuba and the sanctions with goods from coming into our country, can send their children. It doesn’t respect to food and medicine that exist essentially trying to shut down their make sense for each and every person with respect to Cuba. economy with that embargo. We have to build their own school. So we have I want to talk just a bit about that had similar sanctions against North roads and schools. Then we hire a po- because those provisions are included Korea and Iran. lice force. We hire folks who will serve in the House bill. We will undoubtedly One of the mistakes this country has in the Armed Forces to defend our lib- have amendments on that same subject made—and a very serious mistake—is erty and freedom. in the Senate bill. There will be a de- deciding we will include food and medi- All of these things we do, and much fense of germaneness on those amend- cine as a part of our economic sanc- more, as a part of our governing proc- ments. I will offer one of those amend- tions. We should not have done that. ess. I am proud of much of what we do. ments. I believe my colleagues Senator This country should never have done Much of what we have accomplished in DODD, Senator ROBERTS, perhaps Sen- that. This country is bigger and better this country is a result of the inge- ator BAUCUS, and others will offer simi- than that. We should never use food as nuity of people in the private sector, in lar amendments. I want to describe a weapon. the market system, competing, the ge- why this is an important issue and why We produce food in such abundant nius of those who are willing to take the Senate should consider these quality—the best quality food in the risks and use ideas to build new prod- amendments, especially inasmuch as world. We have farmers today who are ucts and create new markets; on the these types of amendments are in the out driving a tractor in some field other side, in the public sector, the vi- House bill coming over for consider- somewhere, planting a seed and raising sion that has been exhibited by some ation in conference. crops with great hope they will be able who have served this country for many There are some bad actors inter- to make a living on their family farm. years to do the right things in the pub- nationally who run governments in a We produce such wonderful quality lic sector, to do together what we way that is well outside the norm of food in such abundance, and then we should do to provide for our common international behavior. We understand say to countries whose behavior we defense and build our schools, build that. Saddam Hussein is one of those don’t like: By the way, we are going to roads, and do those things that we leaders. There are others. We have slap you with economic sanctions. We know also make this a better country. watched the behavior and the activities are going to put our fist around your One of the pieces of legislation we are of countries such as Cuba, Iraq, Iran, economic throat, and included in that, intending to bring to the floor very North Korea, and others, and view with we are going to prevent the movement soon is the Treasury-Postal appropria- alarm some of the things that are hap- of food in and out of your country. tions subcommittee bill. That is pening. I am all for economic sanctions. through the full Appropriations Com- Cuba is a country that is run, with a There is not any reason to make life mittee in the Senate. It is legislation Communist government, by Fidel Cas- better for Saddam Hussein. He ought to that will be, I hope, debated next on tro. North Korea is a relatively closed pay a price for his behavior. But this the Senate floor. The bill is through society run by a Communist govern- country is shortsighted to believe that the full Appropriations Committee and ment, a Communist dictator. Iran is a using food as a weapon is an advance- includes funding for a wide range of different kind of country, run by a ment in public policy for us. It is not. things we do in this country. group of folks who seem to operate—at First, it hurts our farmers who are pre- One of the larger portions of the bill least they have for some while—outside vented from moving food through the is the funding for the Customs Service. the norms of international behavior, international markets. Second, it The Customs Service is a very impor- engaged in an attempt to acquire so- takes aim at a dictator and ends up tant element. Given the expanding na- phisticated missile technology. I sus- hitting hungry people. That is not the ture of world trade, with the amount of pect they and others on the list would best of what this country has to offer. commerce and goods and services mov- love to acquire nuclear weapons. These So we have a very simple propo- ing in and out of our country and are countries that have demonstrated sition—those of us who care about this across our borders, the Customs Serv- by their behavior, by their actions, issue. We say let’s stop using food as a ice provides an ever increasing impor- that they are operating outside the weapon; let us, as Americans, decide we tant service to our country. norms of what we consider acceptable shall never use food as a mechanism to We fund the Internal Revenue Serv- behavior. I am talking now about the try to punish others. We understand ice which collects the revenue by which international community, the commu- that Saddam Hussein and Fidel Castro we fund most of the government serv- nity of nations. have never missed a meal. They have ices we have in this country. One of the So what do we do? What we do is we never missed breakfast, they have areas of this legislation is the national say to Saddam Hussein: We are going never missed dinner, never missed sup- youth antidrug media campaign. That to impose economic sanctions on your per. They eat well. When we use food as

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.000 S26JY0 16288 CONGRESSIONAL RECORD—SENATE July 26, 2000 a weapon, it is only poor people, sick Following that conference last year, with those countries that are subject people, and hungry people who pay a I had the opportunity to go to Cuba. I to our economic sanctions, and we pre- price; and of course, our farmers here have traveled some, in various parts of vent future Presidents from imposing in America also pay a price. the world, and have seen that what we sanctions and using food as a weapon. So last year we had a debate about produce in such abundance, the world That is in the Agriculture appropria- this. My colleague Senator ASHCROFT, needs so desperately. The winds of hun- tions bill which came to the floor of I, Senators DODD, ROBERTS, BAUCUS—a ger blow every minute, every hour, and the Senate. The Senate passed that range of people—have offered amend- every day all across this world. So bill. My amendment is in it. We will go ments. Last year we had a vote, and 70 many people die of hunger, malnutri- to conference. Senators said: No, we shall not any tion, and hunger-related causes, and so The only way we can lose that issue longer ever use food as a weapon. Let many of them are children—every sin- is if the House leaders hijack it once us lift the sanctions on food and medi- gle day. again. There is a member of the leader- cine; 70 percent of the Senate said let’s I went to Cuba. What I saw was a ship of the House, whom I shall not stop it. country in collapse. It is a beautiful name, who makes it his cause to derail I cannot speak for all 70, but I will country with wonderful people. The us. He believes we ought to use food as speak for myself to say it is immoral city of Havana is a beautiful city, but a weapon, especially with respect to to have a public policy that uses food in utter collapse. There are gorgeous Cuba. He believes we ought not change as a weapon. It is immoral to punish buildings designed in the 1940s and the policy and will do everything he hungry, sick, and poor people around 1950s by some of the best architects— can to stop us. the world because we are angry at dic- beautiful architecture, in total dis- My colleague in the House who has tators. Seventy percent of the Senate repair. The city is collapsing. The been working on this passed some leg- said: Let’s stop. Let’s change the sanc- Cuban economy is in collapse. There is islation that was negotiated with the tions. We can continue some of the eco- no question about that. House leadership, but it turns out the nomic sanctions. We are not making a I visited a hospital, and I saw a legislation, when one looks at the lan- judgment about using economic sanc- young boy lying in a coma. His mother guage, is a step backward, not a step tions to punish dictators or punish was seated by his bedside holding his forward. countries whose behavior is outside the hand. This was in an intensive care We will go to conference on the Agri- culture appropriations bill with my international norm. We are saying, ward of a Cuban hospital. This young amendment in it, and I say to those however, we should not any longer use boy in intensive care was not hooked who might pay attention to the Senate food or medicine as a weapon or as part up to any wires. There was no fancy record from the House side, if the of the sanctions. gadgetry, no fancy equipment, no So 70 percent of the Senate voted. It beeping that you hear in intensive House leaders expect to hijack this once again this year, they are in for a was on the Senate agricultural appro- care—the beeping of equipment—no, long session because there is a group of priations bill, and off we marched to none of that. He was lying on his bed us—Republicans and Democrats—who conference. I was one of the conferees. with his mother holding his hand. I asked the doctor, Do you not have insist this country change its policy. One of the first acts of conference be- equipment with which to monitor this This policy is wrongheaded and it must tween the House and Senate was my of- young boy? He had a head injury and change. fering an amendment insisting that the was in a coma. He said, Oh, no; they Yes, we have some people in the Sen- Senate retain its position. In other didn’t have any of that equipment. ate who are still fighting the cold war. words, we were saying as a group of They didn’t even have any rudimentary We have people in the Senate—not very Senators who were conferees: We insist equipment with which to make a diag- many, I admit—but we have a few peo- on our provision, lifting the sanctions nosis. Intensive care was to lay this ple in the Senate who do not want this on food and medicine. boy in a room. They told me they were changed, but 70 percent of the Senate I offered the amendment in the con- out of 250 different kinds of medicine in want this changed. At some point, if ference. We had a vote of the Senate that hospital. they get a full vote in the House and conferees, and my amendment carried. My point is this. The Cuban people do we have a full vote in the Senate, 70 Therefore, the Senators at this con- not deserve Fidel Castro—that is for percent of the Congress will say: Let’s ference with the House Members said: sure. They deserve a free and open change this foolish policy. This policy We insist on the provision. We insist on country, a free and open economy; they is not the best of this country. This our policy of removing food and medi- deserve the liberties we have and the policy is wrong, and we aim to change cine as part of our economic sanctions. freedom we have. But 40 years of an it. Guess what. A Member of the House embargo, and especially 40 years pre- Now we bring this bill to the floor of moved that the conference adjourn. We venting the movement of food and the Senate. We had a cloture vote on adjourned. It was late one morning, medicine back and forth, surely makes the motion to proceed today, and the and we never, ever returned to con- no sense. Treasury-Postal bill will come to the ference. Do you know why? Because It has not hurt Mr. Castro. It has floor at some point. As I indicated, in the House leaders, the House leader- hurt the poor people of Cuba and the addition to the description of the ship, did not like that provision and hungry people of Cuba. It is time to amendment I offered to the Agriculture they intended to kill it. They knew change that policy. A year ago we tried appropriations bill on the floor of the they could not kill it with their con- it. Seventy percent of the Senate voted Senate dealing with sanctions on Cuba, ferees. If there were a vote on it in the for it, and it has not happened. a couple Members of the House applied conference, they would lose. If there This is what we have done this year: some amendments, which were success- were a vote on it on the floor of the I offered an amendment, with Senator ful, to the Treasury-general govern- House, they would lose. So the only GORTON from the State of Washington, ment bill which means when our bill way they could win was to hijack that on the Agriculture appropriations bill comes to the floor of the Senate, it will conference, adjourn it, never come that lifts the sanctions on food and also attract these amendments. That is back into session, and throw the ingre- medicine and also let’s us do one other fine with me. Having them in two dients of that bill into a broader bill, thing. It prevents any future President places is better than having them in and we never saw the light of day on from ever including food and medicine one place. Perhaps one conference will our policy. as part of economic sanctions unless be successful in changing this policy. The result is we are back on the floor they come to the Senate and get a vote My colleagues in the House added a right now and this country still has in and the Senate says: Yes, we ought to piece of legislation, for example, deal- place a policy of using food and medi- do that. ing with travel in Cuba saying that no cine as part of our economic sanctions. We do two things: We lift the sanc- funds will be used to enforce the re- It is wrong. It is wrong. tions on food and medicine that exist strictions on travel to Cuba. I prefer to

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.000 S26JY0 July 26, 2000 CONGRESSIONAL RECORD—SENATE 16289 do it a different way. Who is going to have continued to mushroom, and we policy, we also have to make signifi- believe it makes sense to travel to must get a handle on that as well and cant changes. We will not make them Cuba if it is still illegal but they just deal with our trade imbalance. in this bill because this isn’t where we will not enforce it? If we change travel, What causes the trade imbalance, do that, but you can’t help but look at let’s change travel. Let’s not say you and what relevance does it have to this what is happening in our country and shall not enforce something that re- bill? In this bill, we fund the Customs understand that our own trade policy mains illegal. Let’s say the travel re- Service, and the Customs Service eval- does not work. It just does not work. strictions are lifted. Period. End of uates what comes in, what goes out, We have a huge and growing trade story. and they try to assist in the flow of deficit with China—growing rapidly—of I hope my colleague who intends to goods moving back and forth across nearly $70 billion a year. We have a offer that amendment in the Senate our borders. large abiding trade deficit with Japan will consider doing that. We have other The fact is, they have an old, anti- that has gone on forever—$50 to $70 bil- amendments as well, and I intend to quated computer system to take care lion a year. offer an amendment dealing with food of all of that and it is melting down. This Congress, without my vote—be- and medicine sanctions on Cuba on the With expanded trade coming in and cause I voted against it—passed some- Treasury-Postal bill when it is brought going out, we need a new system. The thing called NAFTA, the North Amer- to the floor of the Senate. Customs Service has proposed a new ican Free Trade Agreement. It was There is another issue I wish to talk system to accommodate and facilitate billed as a nirvana. What a wonderful about briefly that relates in some their needs. We need to fund it. It is thing, we were told, if we can do a measure to this bill, but especially to very important we fund this system. It trade agreement with Mexico and Can- the issue of the Customs Service and is called the Automated Commercial ada. What a great hemispheric trade our borders and the issue of inter- Environment or ACE system. We need agreement, and how wonderful it would national trade. I am going to talk in a to keep it operational, and we need to be for our country. bit about our trade problem because we build it and make it work. In fact, a couple of economists have the largest trade deficit in the In 1 day, the Customs Service proc- teamed together and said: If you just history of humankind. esses $8.8 billion in exports and im- pass NAFTA, you will get 300,000 new There is a lot right with this coun- ports. They have to keep track of it all: jobs in the United States. The problem try. There is a lot going on to give us $8.8 billion in daily exports and im- is, there is never accountability for reason to say thanks and hosanna. We ports; and 1.3 million passengers and economists. Economists say anything, have a wonderful economy. It is pro- 350,000 vehicles moving back and forth any time, to anybody, and nobody ever ducing new jobs and new opportunity. across our borders. Think of that. This goes back to check. All of the indices are right: unemploy- is the agency that has the responsi- The field of economics is psychology ment is down; home ownership is up; bility of keeping track of all of it— pumped up with helium and portrayed inflation is way down. All the things whose vehicle, when did it come in, as a profession. I say that having one expects to happen in a good econ- when did it go out, who is coming in, taught economics a couple years in col- omy have been happening. who is leaving our country, what are lege, but I have overcome that to do Some parts of the country are left be- the goods coming in, what kind of tar- other things. hind, such as rural areas. We have a iffs exists on those goods, who is send- But economists told us, if we pass farm program that is a debacle, and we ing them, who is receiving them. NAFTA, it will be a wonderful thing cannot get anybody to even hold a All of that is part of what we have to for our country. Well, this Congress hearing to change the farm program, keep track of in terms of movement passed NAFTA. I didn’t vote for it. but that is another story. across our border. The current system Guess what. We had a trade surplus There are some areas that have not that keeps track of all of that is nearly with Mexico. We have now turned a kept pace with the prosperity. We need two decades old, and running at near trade surplus with Mexico into a sig- to continue to fight to write a better capacity. It is the single most impor- nificant deficit with the country of farm program and make sure those tant resource in collecting duties and Mexico. rural areas share in the full economic enforcing Customs laws and regula- They said, by the way, if we pass prosperity of America. tions. NAFTA, the products that will come in There is a lot right in this country. This system has been experiencing from Mexico will be products produced This is a good economy. It is producing brownouts over the past months that by low-skilled labor. Not true. The unprecedented opportunities. have brought the Customs operation at products that are coming in from Mex- The one set of storm clouds above the these border ports, in some cases, to a ico are the product of higher-skilled horizon, however, is in international dead halt. labor, principally automobiles, auto- trade. We have a huge trade deficit. Over 40 percent of the Customs sta- mobile parts, and electronics. Those Our merchandise trade deficit was tions are using work stations that are are the three largest imports into the nearly $350 billion in 1999, and is pro- unreliable, are obsolete operating sys- United States from Mexico. jected to exceed $400 billion this year. tems, and are no longer supported by a So the economists were wrong. I Put another way: We are buying $1 bil- vendor. would love to have them come back lion more in goods from overseas than Trade volume has doubled in 10 and parade around, and say: I said we are selling each and every day, 7 years. The rate of growth in trade is NAFTA would work, but I apologize. days a week. astronomical. The Customs Service an- We had a trade surplus with Mexico. Some say: Does that matter? Is it im- ticipates an increase of over 50 percent Now it is a fairly large deficit. We had portant? Gee, our economy is doing in the number of entries by 2005. That a trade deficit with Canada, and we well. How on Earth can you make the means the current system just can’t doubled the deficit. I want one person case we should care about this? and will not handle it. to stand up in the Senate and say: This You can live in a suburb someplace So we have a responsibility to do is real progress. Doubling the deficit and have a wonderful home with a huge something about that. If anybody won- with Canada, and turning a surplus Cadillac in the driveway and have all ders whether all this trade is impor- into a deficit with Mexico—hooray for the evidence of affluence, but if it is all tant, and keeping track of it is impor- us. That is real progress. I want just borrowed, you are in trouble. On the tant, as I said, look at the trade deficit one inebriated soul to tell me here in borrowing side, we have made a lot of and look at what is happening in this Washington, DC, that this makes progress dealing with Federal budget country. sense. Of course it does not make deficits. In fact, we have eliminated From the standpoint of policy—I was sense. the Federal budget deficits, and good talking about the system that keeps It did not work. So we have trade for us, but the deficits on the trade side track of it—but from the standpoint of policy challenges dealing with Mexico,

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.000 S26JY0 16290 CONGRESSIONAL RECORD—SENATE July 26, 2000 Canada, and NAFTA. We have policy Yes, our producers will compete. We be a leader. We ought to expect that differences dealing with our big trade are not afraid of competition. But we other countries would be involved in deficit with China. We are going to are not going to compete with one saying the things that we fought for for have other struggles and challenges hand tied behind our back. Our nego- 75 to 100 years. This country will be dealing with the recurring deficit that tiators negotiated GATT with Europe, part of the discussions about trade. goes on forever with Japan. and they said to the Europeans: You We had people dying in the streets in It might be useful—I know people get know what—my colleague, Senator this country, fighting for the right to tired of me talking about this—but it CONRAD, talks about this a lot—we will organize in labor unions, fighting for might be useful to describe our dimin- have a deal with you. You can have 6, the right to create labor unions. We ished expectations in this county and 8, or 10 times greater subsidies on your had people die on the streets of Amer- why we are in such trouble on trade. sales of grain to other countries than ica. About 10 years ago—we have always we will have. And we will have a deal Some will say: We can avoid all that, had a struggle with Japan—we were where we will agree to limit our sup- having labor unions, having to worry having, at that time, an agreement ne- port payments to family farmers to a about dumping chemicals into the gotiated on the issue of American beef fraction of what yours are. So once we water and the air, having to have a safe going to Japan. We were not getting have done that, we have tied both of workplace, having to be prohibited enough beef into Japan. At that point, our hands behind our back, and then from hiring kids; we can avoid all of it cost about $30 a pound to buy a T- said let’s go ahead and compete. that. We have debated it for 75 or 100 bone steak in Tokyo. Why? Because That is what our negotiators have years in this country. We have made a there was not enough beef. So you keep done virtually every time they have lot of progress. We can avoid it all by the supply low, the demand and price negotiated a trade agreement. They did moving our plant to some other Third go up, and a T-bone steak costs a lot of it in GATT to family farmers and did it World country where they don’t have money in Tokyo. with Japan to our ranchers. I should those inconveniences, where you can We wanted to get American beef into say, our ranchers were pleased with the hire 12-year-old kids and work them 12 Japan. After all, we buy all their cars, agreement with Japan. I would say to hours a day and pay them 12 cents an VCRs and television sets. Maybe they them: How can you be pleased? How hour and everybody calls it free trade. should buy American beef. So we sent can you call that success? It is because This country has a responsibility our best negotiators, and they nego- they have such low expectations in our also to lead on the issues of what are tiated. Our negotiators were hard trade negotiations. We give away ev- the fair rules for international trade— nosed. It only took them a couple of erything. We expect little, get almost not protectionism, what are the fair days to lose. They sat at the table, and nothing, and then we are so pleased. rules for trade that establish fair com- they negotiated and negotiated. And When you have roughly $1 billion a petition. That is something this coun- guess what they negotiated? They had day in the merchandise trade imbal- try has a responsibility to be involved a press conference and said: We have a ance, it is time to wonder whether your with as well. victory. We have a beef agreement with policy is working. When you have a $1- Talking about trade in the context of Japan. What a wonderful deal. You billion-a-day deficit—every single the Customs Service and our responsi- would have thought they had just won day—in merchandise trade, it is time bility to keep track of what is hap- the Olympics because they celebrated. to ask whether this is a policy that pening around the world, it is true that And everybody said: Gosh, what a great my frustration from time to time boils deal. works. The answer is no. over on the issue. I come to the floor Here is the agreement. You get more I think it would behoove this Con- and talk about it without much effect American beef into Japan. Yes, you do. gress to say: Good for all the wonderful And we did. things that are happening in this coun- because there are not sufficient votes Ten or 11 years after the beef agree- try. Everybody deserves a little credit in the Senate to require a very robust ment with Japan, the tariff on Amer- for all of that. Good for all the good debate on trade policy. It is coming. ican steak or American ground beef or things happening in our economy. But We ought to make it happen. American beef going to Japan today is it is important for all of us to look at If I can digress—because I have the 40 percent on a pound of beef. Can you the storm clouds as well, and evaluate time this morning, and I don’t see any- imagine that? What would people think what is wrong, and try to fix that. If we one else waiting to speak—I want to if you told them: In the United States, did that, it would behoove us to bring mention something that happened we only have a 40 percent tariff on your to the floor of the Senate a debate and some years ago that made a profound product coming into our country? They full discussion about America’s trade impact on me. I mentioned a moment would say: What kind of nonsense is policy. ago that we struggled in this country that? That is not free trade. Yet we Every time I come and talk about to establish the right to form labor celebrated the fact that we had an this issue, there is someone watching unions and establish collective bar- agreement with Japan that takes us to or someone listening, or somebody gaining. There are plenty of countries a 50 percent tariff, which is reduced later will say: That guy sounds like a where, if you try to form labor unions, over time, but snaps back up if we get protectionist. There is this caricature: try to get workers together to see if more beef into Japan. We celebrated You are either for free trade or you are they can’t get a better deal, they can that. some isolationist, xenophobic stooge. be thrown in jail. As I said, we had peo- This is the goofiest set of priorities I You are either for free trade or you ple who died in the streets in this coun- have ever heard. We ought to learn to don’t get it. You either see the horizon try fighting for that opportunity. We negotiate trade agreements that are in or you are nearsighted. That is the way now understand the consequences of this country’s interests. it all works. that. We have labor unions, and we I have threatened, from time to time, Even the largest newspapers do that. have management and labor, collective to introduce a piece of legislation in Try to get an op-ed piece in the Wash- bargaining. It is a better country be- Congress that says: When our trade ne- ington Post on trade issues. If you hap- cause of that. There are some areas of gotiators go to negotiate, they must pen to believe we ought to stand up for the world where we don’t have the op- wear a jersey that says ‘‘USA,’’ just so our economic interests in trade, you portunity to do that. People who try to that they can look down, from time to can’t do it. demonstrate for those rights are time, and see who they are negotiating It is not my intention to say this thrown in jail. for. ‘‘I am from the United States. I country should not be a leader in ex- Let me describe something that hap- have the United States’s best interests panding trade. This country ought to pened in Congress a long while ago re- at heart. When we negotiate with you, be a leader in promoting an expanded lated to that point. We had a fellow Japan, China, Mexico, Canada, or oth- free and fair opportunity for inter- who spoke to a joint session of Con- ers, we insist on fair trade.’’ national trade. This country ought to gress. Normally, a speaker to a joint

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.000 S26JY0 July 26, 2000 CONGRESSIONAL RECORD—SENATE 16291

session of Congress is a President. The We didn’t have any bullets; the Com- the floor yesterday and Senator DUR- pageantry is quite wonderful when munists had all the bullets. We were BIN, who is on the floor at the moment, there is a joint session. It is normally armed only with an idea. talked about the challenge of making in the House Chamber because that is What he did next that Saturday our health care system work; the chal- the larger Chamber. The Senators morning, from lying on the ground lenge of passing a Patients’ Bill of come in and are seated in the House bleeding from the beating he had re- Rights, and one that is a real Patients’ Chamber, Cabinet officials come in, the ceived from the Communist agents of Bill of Rights; the challenge of putting Supreme Court comes in. The Amer- that Government of Poland, the his- a prescription drug benefit in the Medi- ican people see this. That is when the tory books record. He pulled himself care program. Those are ideas—ideas network television cameras come on. back up and climbed back over the with power and resonance, ideas which Then the Doorkeeper says: Mr. fence and climbed back into the ship- ought to relate to the public policy Speaker, the President of the United yard. this Congress embraces. I talked, a lit- States. And the President marches in This unemployed electrician showed tle bit ago, about trade policy, the idea and gives a State of the Union speech. up in the Chamber of the U.S. House to that we need to change trade policy to We occasionally have other speakers speak to a joint session of Congress 10 make it a policy that is effective for who are invited to give an address to a years later as the President of his our country, to reduce the trade defi- joint session of Congress. On rare occa- country—not a diplomat, not a politi- cits and continue to expand markets, sions, it has been a head of state. Many cian, not an intellectual, not a scholar, and to have fair rules of trade. will remember other circumstances: an unemployed electrician who showed There are so many things we need to General Douglas MacArthur coming up in this country 10 years later as the do. Yesterday, I showed some of the back from Korea, when he was relieved President of his country. challenges that we ought to address of his command by President Truman, He said: We didn’t break a window- now in the coming weeks. For instance, was invited to address a joint session of pane in Poland. We didn’t have guns. gun safety. This is a wonderful coun- Congress; Winston Churchill addressed We didn’t have bullets. We were armed try, but when you read the newspapers a joint session of Congress. with an idea and that idea simply was and read of the killings, and then you One day about 10 or 12 years ago, I that free people ought to be free to understand that we have a right to own was a Member of the U.S. House, it was choose their own destiny. weapons—and nobody is changing that a joint session of Congress. In the back I have never forgotten that moment, right; it is a constitutional right. But of the room, the Doorkeeper announced understanding the power of ideas and we have said it makes sense for us to the visitor. The Doorkeeper said: Mr. understanding that common people can keep guns out of the hands of convicted Speaker, Lech Walesa from Poland. do uncommon things. Ordinary people felons. How do we do that? And this fellow walked in, a rather can do extraordinary things. Won- We have a computer base with the short man with a mustache. He had red dering where did Lech Walesa get the names of felons on it. When you want cheeks and probably a few extra courage to pull himself up that Satur- to buy a gun, your name has to be run pounds, an ordinary looking fellow who day morning in a shipyard in Gdansk, against the computer base. At the gun walked into the Chamber of the House, an unemployed electrician, believing so store, they run your name to find out if walked up to the microphone. The joint strongly in the need to provoke change you are a convicted felon. If you are, session stood and applauded and didn’t in this Communist country that this you don’t get a gun. But guess what. stop. This applause continued to create man and his followers toppled a Com- You can go to a gun show on a Satur- waves, and it went on for some min- munist government and lit the fuse, day someplace and buy a gun or a utes. Then this man began to speak. caused a spark that lit the fuse that weapon, and nobody is going to run Most of us, of course, knew the history. began to topple Communist govern- your name through an instant check. But in a very powerful way this ordi- ments all through Eastern Europe. nary man told an extraordinary tale. That is the power of an idea. We say let’s close that loophole. Are He said 10 years before, he was in a What are the ideas that exist in this those who don’t want to close it saying shipyard in Gdansk, Poland on a Satur- country that will make a better Amer- they don’t want to keep guns out of day leading a strike for workers to be ica and create a better future? We their hands? I hope not. So join us in able to chart their own destiny, leading know from our history that in two cen- fixing this problem. That is an idea. a strike for a free labor movement in turies, a series of ideas by some re- That has some power. How many Poland against a Communist govern- markable men and women have created Americans will that save? How many ment. On that day, he had already been the best country in the world. It is the children will it save by keeping the gun fired from his job as an electrician at a freest. I know there are a lot of blem- out of the hands of a convicted felon? shipyard for his activities to fight for a ishes, but there is no country that has We are not talking about law-abiding free labor movement in Poland. The freedoms like ours. There is no country citizens. We are not going to disadvan- Communist government had him fired that has accomplished what we have tage them. Let’s keep guns out of the from his shipyard. So this unemployed accomplished in every area. Find an hands of convicted felons. Close the electrician, on a Saturday morning, area where we have had difficulty, we gun show loophole. It is a simple idea; was leading a strike, leading a parade have confronted it. We have had dif- yet one we can’t get through the Con- inside this shipyard for a free labor ficult times, but we have solved the gress because people are blocking the movement. He was grabbed by some issues. We survived a civil war. We sur- door on this issue. Communist thugs and beaten and beat- vived a great depression. When you The Patients’ Bill of Rights: We en badly. As they beat him, they took think of what this country has done, it talked about that yesterday. We talked him to the edge of the shipyard, hoist- is quite remarkable. about putting a drug benefit in the ed him up and unceremoniously We stand today at the edge of a new Medicare program. We talked about dumped him over the barbed-wire fence century, the year 2000, with a lot of school modernization. I will conclude outside the shipyard face down in the challenges in front of us. Some say we by talking for a moment about school dirt. He lay there bleeding, wondering are just sort of content to be where we modernization. what to do next. are and to kind of nick around the Our future is education. I have told Of course, we know what he did next. edges. No person, no country, no orga- my colleagues many times about walk- Ten years later, he was introduced to a nization ever does well by resting. ing into the late-Congressman Claude joint session of Congress as the Presi- There are challenges in front of us. Pepper’s office and seeing two pictures, dent of the country of Poland. This We have talked about some of them. both autographed, behind his chair. man went to the microphone and said Some of them will be in this legislation One was a picture of Orville and Wilbur the following to us: We didn’t have any when we bring it to the floor. Some Wright making the first airplane guns; the Communists had all the guns. will be in other legislation. I was on flight. It was autographed by Orville

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.000 S26JY0 16292 CONGRESSIONAL RECORD—SENATE July 26, 2000 Wright, saying, ‘‘To Congressman Pep- terms of goals. So let’s resolve to join tection. The street price of them has per, with deep admiration, Orville together to meet these goals, to do our dropped. You can buy them, no ques- Wright.’’ work and embrace ideas—yes, big tions asked, over the Internet for $7, $8, Then, the first person to stand on the ideas—that recognize, yes, this country $9. The only reason for them is to turn Moon, Neil Armstrong, gave him an is doing very well in a lot of areas, but a weapon into a major killing machine. autographed picture. I thought to my- we are at the first stage of a new cen- They are used by drive-by shooters, by self, this is really something. Here is a tury, and we need to embrace new ideas the gangs, and by the grievance killer living American who has an auto- to advance this country’s interests and who has a grievance and wants to walk graphed picture of the first person to prepare for this country’s future. No- into his place of business and kill a leave the ground in powered flight, and where is that preparation more nec- large number of people. Well, this body also the person who flew all the way to essary than with our children and our passed that, and the other body actu- the Moon. What was the in between? schools. ally passed it by unanimous consent. What was the difference between just Mr. President, I have spoken at some So those are measures that have held leaving the ground and arriving on the length. I know others on the floor have up a whole huge juvenile justice bill for Moon? Education, schools, learning; it comments about these and other that period of time. is our future—allowing every young issues. So in 14 months, we have gone no- boy and girl in this country to become I yield the floor. where in achieving safety regulations, the very best they can be; universal The PRESIDING OFFICER. The Sen- prudent targeted gun regulations to education, saying that every young boy ator from California is recognized. protect people. or girl, no matter what their back- Mrs. FEINSTEIN. Mr. President, I A million women—now 240 new orga- ground or circumstances are, can walk understand that we are running out the nizations—in the Million Mom March, through a schoolroom door and be clock on a motion to bring to the floor went to the streets of their cities and whatever they want to be in life, uni- the Treasury-Postal appropriations to the Capitol on Mother’s Day to say versal opportunity in education. bill. So I think my comments are perti- they wanted prudent gun regulations. In the middle part of this past cen- nent to that bill and to the situation in But what has happened since then is we tury, those who came back fighting for which we find ourselves. have actually back slipped. The back- liberty in the Second World War, fight- Mr. President, about 14 months ago, sliding is taking place right in this ing for freedom, built schools all across those of us in this Chamber passed a ju- very bill which time is running on. our country as they went to school on venile justice bill. Prior to its passage, An amendment was put in the bill the GI bill, got married, and had chil- many of us on this side of the aisle that says this: dren. They built schools all across came together to say if we want to None of the funds made available in this America. Now those schools, in many really achieve some limited improve- Act may be used to implement a preference cases, are 45, 50 years old and in des- ments in targeted gun measures, what for the acquisition of a firearm or ammuni- perate need of repair and renovation. should they be? We decided on a few, tion based on whether the manufacturer or This country, as good as it is, can send and the Republican side had a few. So vendor of the firearm or ammunition is a our kids to the schoolroom doors of the some targeted measures were added to party of an agreement with a department, agency, or instrumentality of the United best schools in the world. And we that bill. States regarding codes of conduct, operating should. That ought to be our policy. So One of them was that guns should not practices, or product design specifically re- before this Congress ends, let’s em- be sold without trigger locks. That was lated to the business of importing, manufac- brace our ideas and policies of saying made from our side of the aisle. One turing, or dealing in firearms or ammunition let’s modernize our schools, renovate from the Republican side of the aisle under chapter 44 of title 18, United States our schools, and connect our schools to was that children should not be per- Code. the Internet. Let’s reduce the size of mitted to buy assault weapons—a no- This amendment is essentially meant classes and make sure every student brainer. That was accepted by this to prohibit the U.S. Government from has the opportunity to go through a body. A third vote was to close the gun giving any preference to any respon- schoolroom door that we as parents are show loophole which enabled the two sible gun manufacturer. I believe this proud of. Let’s make sure we keep the youngsters from Columbine, 16 years measure is simply the worst possible finest teachers, the best teachers in old, to go to a gun show and buy two public policy. I would rather not have a our classrooms and pay them a fair assault weapons with no questions Treasury-Postal appropriations bill wage. These are ideas that we have asked. The final one was one I offered that has this kind of disincentive to that we can’t get through this Con- on the floor, which was to plug a hole good conduct in a manufacturer of gress. It doesn’t make any sense to me. in the assault weapons legislation. weapons in this country. So we are prepared to bring the Under the assault weapons legisla- When this bill comes to the floor, the Treasury-general government appro- tion, it is illegal to manufacture, pos- first amendment from our side will be priations bill to the floor. In that legis- sess, sell, or to transfer a large-capac- the amendment to strip this verbiage lation there will be several of the ideas ity ammunition feeding device in this from the bill. I have talked about, and other appro- country. So, in other words, nobody I am pleased to say I am joined in co- priations bills, and other pieces of leg- can manufacture one domestically in sponsoring this by the Senator from Il- islation. We will continue to pound this country now. The loophole is that linois, Mr. DURBIN, and the Senator away at this Congress to say: Accept they can come in, if manufactured in from New Jersey, Mr. LAUTENBERG. some of these ideas. Accept some foreign countries, and be sold. So since First, it is important to point out progress. Join us. This isn’t partisan. the passage of the original assault that no such preferences have been Our kids and our schools don’t rep- weapons legislation, about 18 million given. The thrust of this provision is resent a partisan issue. Keeping guns large-capacity ammunition feeding de- based on a hypothetical. But it is based out of the hands of felons surely can’t vices have come into the country. But to be a deterrent. It is based to send a be a Republican or Democratic issue. just in the last 14 months, since the message. The message is to every man- Surely, every American should em- passage of the juvenile justice bill, 6.3 ufacturer of weapons that there can be brace that goal. Putting the prescrip- million of these clips have come into no reward in government if you manu- tion drug benefit in the Medicare pro- this country, many of them 250 rounds, facture safe guns. If you put trigger gram so senior citizens who have but most 30 rounds. locks, if you have good, safe marketing reached their declining income years What is the use of these clips? You practices, if you manufacture guns and have the opportunity and can afford to can’t hunt with them. You can’t carry see they are sold and distributed in a buy life-saving drugs surely can’t be a a clip with more than 10 bullets in vir- way to keep them out of the hands of Republican or Democratic approach. tually any State if you are going to children, people who are mentally defi- There can’t be differences here in hunt. You don’t use them for self-pro- cient, or criminals—that is the thrust

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.000 S26JY0 July 26, 2000 CONGRESSIONAL RECORD—SENATE 16293 of this amendment—to reduce the gun been given a ‘‘time out’’ the day before. The packaging of new guns will in- industry to its lowest possible common With the safety lock, the gun would clude a safety warning regarding the denominator all across the United have been inoperable to that child. list of unsafe storage and use. What a States of America, that is the worst Another child in Michigan, a 6-year- good thing, a gun manufacturer that possible public policy. Members on old, has an argument with a child, will put a warning with the gun that both sides of this aisle should stand to- brings a gun to school, and actually says to the prospective gun owner: Un- gether and refute it. kills another 6-year-old. derstand this is a lethal weapon. Here At least one company, Smith & These may not be everyday events. is how to keep it safely. Put it in a cab- Wesson, has agreed to adopt certain But they would be prevented from hap- inet which is secure and locked. Keep reasonable, responsible marketing pening if guns were made with smart the ammunition separate from the gun. practices. While this agreement was technology and, prior to that, with And we are going to prevent anyone made under the threat of litigation, it safety locks. who provides this from gaining any is important to note that no dealer has Also in the agreement, every hand- kind of preference? We give preference to comply, and no measures have been gun would be designed with a second with merit pay. There are all kinds of forced on Smith & Wesson. Smith & hidden serial number. Why that? Be- preferences in Federal law. Yet we are Wesson has decided to take a respon- cause it prevents criminals from easily to deny this to anybody who does the sible path to produce responsible pol- eradicating a serial number to impede right thing and manufactures safe icy, and for that this body would slap tracing. How can we not support that? guns, smart guns, better guns. New Smith & Wesson models will be them on the hand. Under the agreement, any dealer As a result of their effort, Smith & no longer able to accept any large-ca- wishing to sell Smith & Wesson fire- pacity magazine. What is important Wesson has allegedly been targeted by arms would comply with a series of about that? That immediately limits others in the gun industry that are un- commonsense measures. Let me state the kill power of that weapon. The happy with the agreement who say you what they are. Any dealer wishing to weapon can still be used for defense. can’t march ahead of us; you can’t do sell Smith & Wesson firearms first But the drums of 250 or 75 rounds with something right; we all want to be able agrees not to sell at any gun show un- clips of 30 rounds, which are there for to do something wrong. There has been less all the sellers in the gun show pro- one reason—to kill large numbers of talk of boycotts and anticompetitive vide background checks. What a re- people—would not be accepted into behavior. In fact, I recently joined a sponsible thing to do. Again, this pro- that gun. number of my colleagues in writing to Within 2 years, every Smith & vision would be unnecessary if Con- the Federal Trade Commission, asking Wesson model would have a built-in, gress had simply passed the juvenile them to look into these allegations. on-board locking system by which the justice bill and sent it to the President Given the determination of the Na- firearm could only be operated with for his signature because all sellers at tional Rifle Association and its allies the key, or combination, or other all gun shows would already be per- to stop any and all reasonable control mechanism unique to that gun. forming background checks. That bill of the flow of guns to criminals and Two percent of Smith & Wesson’s is stalled in conference, and this provi- children, I believe it would be dreadful firearms revenue would be devoted to sion of the agreement is a small step in to prevent the administration from en- developing smart gun technology for the right direction. couraging agreements such as this one. all future gun models. What a good Again, under the agreement, any Let me be clear. No one is saying thing to have happen. dealer wishing to sell Smith & Wesson that law enforcement should buy infe- Next, within a year of the agreement, firearms must carry insurance against rior weapons simply because the manu- each firearm would be designed so it liability for damage to property or in- facturer has agreed to act responsibly. could not be readily operated by a child jury to persons resulting in firearm The fact is, Smith & Wesson produces under the age of six. This might in- sales. The same thing would apply if very good weapons. I have certainly clude increasing the trigger-pull resist- you had a swimming pool. You would never been one to argue that we should ance, designing the gun so a small hand have some liability insurance if a leave law enforcement without ade- could not operate it, or perhaps requir- neighbor fell into the pool and quate weaponry. But where technology ing a sequence of actions to fire the drowned. This isn’t asking too much. and safety of guns are similar, it gun that could not be easily accom- Any dealer wishing to sell Smith & makes eminent sense to give pref- plished by a 5-year-old. Who believes Wesson firearms must maintain an up- erence to the manufacturer that has the Federal Government should not en- to-date and accurate set of records and agreed to certain commonsense stand- courage manufacturers to make weap- must keep track of all inventory at all ards. ons so five- and six-year-olds cannot times. I wish to take a few moments and go fire them? Any dealer wishing to sell Smith & over a few of the details in the Smith The agreement includes safety in Wesson firearms must agree to keep all & Wesson settlement document. This is manufacturing tests, such as minimum firearms within the dealership safe what it looks like. barrel length and firing tests to ensure from loss or theft, including locking First, under the agreement, all hand- that misfires, explosions, and cracks display cases and keeping guns safely guns and pistols will be shipped from such as those found in Saturday night locked during off hours. Smith & Wesson with child-safety de- specials do not occur. A drop test is Ammunition must be stored separate vices. Again, the juvenile justice bill also included. from firearms. would have made this provision unnec- I remember very well a major rob- Any dealer wishing to sell Smith & essary. But, again, that bill has gone bery in San Francisco where a police Wesson must stop selling large-capac- nowhere. officer with a semiautomatic handgun ity ammunition feeding devices and as- What would that do? went into the robbery, pulled out his sault weapons. In Memphis, TN, not too long ago, a weapon, and the clip dropped out. He This gun company has set itself in 5-year-old took a weapon off of his was shot and killed. And I remember the vanguard of reform in the gun in- grandfather’s dresser. It was loaded. He another incident where the gun was dustry, and the Treasury-Postal bill took it to kindergarten to kill the kin- dropped and fired accidentally. coming before the Senate penalizes dergarten teacher because that young- Another provision: each pistol would them for doing so. What kind of public ster had been given a ‘‘time out’’ the have a clearly visible chamber load in- policy is that? It simply says we are day before. The gun was discovered be- dicator, so that the user can see wheth- going to try, by law, to lower safety, cause a bullet dropped out of his back- er there is a round in the chamber. regulation, careful record keeping, and pack—a 5-year-old child toting in his No new pistol design would be able to all the things that are positive to the backpack a loaded pistol with no safety accept large-capacity ammunition lowest possible denominator. We are lock to kill the teacher because he had clips. not going to commend anybody who

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.000 S26JY0 16294 CONGRESSIONAL RECORD—SENATE July 26, 2000 does the right thing. We are going to Court said that it does not matter how stood federalism on its head. Make no see they are not given preference. We great an effect such acts of violence mistake, what is at issue here is the are going to provide a disincentive to have on interstate commerce. They question of power, who wants it, who gun companies that want to do the said gender-based violence could be has it, and who controls it—basically, right thing. crippling large segments of our na- whether power will be exercised by an More than any other piece of legisla- tional economy, but, nonetheless, even insulated judiciary or by the elected tion I have seen, this shows the dis- if that were proven—according to the representatives of the people. ingenuousness of those who say they Court—the Congress is powerless to In our separation of powers doctrine, are for some targeted gun regulations. enact a law to deter such active vio- upon which our Government rests, that This speaks to what this is all about, lence because although we have acted power is being wrestled by the Court that there should remain one, and one this way under the commerce clause of from the elected representatives, for in industry only, without regulation, the Constitution before, the Court every case in which the Court has without any kinds of standards, and ruled violence in and of itself is not struck down a Federal statute, it has that is the gun industry. commerce. invalidated a statute that the people of I think there is no better time to join I believe this is a constitutionally the United States have wanted. As a this debate than in the upcoming wrong decision. It is true that it does matter of fact, in many of the cases of Treasury-Postal bill. The amendment not strike a fatal blow against the statutes that have been struck down, to strip this language from Treasury- struggle to end violence against women the numerous attorneys general of the Postal will be the first item of business in this country. The other parts of the various States have sided with the Fed- of this side. Violence Against Women Act are unaf- eral Government in briefs filed with Mr. President, I will make this agree- fected by this decision. I am pleased to the Court, saying that they supported ment available to anyone from either report that these other provisions, to- the decision taken by the Congress and side of this aisle who wants to inspect gether with changing attitudes in this the President. it. country, are beginning to make a dif- Let’s give the emerging pattern of Mr. President, Senator KENNEDY is a ference in this struggle in the lives of Supreme Court decisions a name. In a cosponsor of the amendment. I thank women who have been victimized. speech I gave before the New Hamp- him, as well. I have introduced a bill with, now, I I yield the floor. shire Supreme Court last year, I re- The PRESIDING OFFICER (Mr. think over 60 cosponsors, to enhance ferred to this pattern as an emerging BURNS). The Senator from Delaware. the provisions of my Violence Against pattern of an imperial judiciary. I Mr. BIDEN. Mr. President, the Sen- Women Act so that we can continue to meant to describe the judiciary that is ate will soon be considering the Treas- make progress. Nonetheless, the deci- making decisions and seizing power in ury and general government appropria- sion in Morrison is a wrongheaded deci- areas in which the judgment of elected tions bill. This is one of the important sion. It is not just an isolated error. branches of government ought to be funding bills we will have to pass this No, it is part of a growing body of deci- the controlling judgment, not the year to keep the Government open and sions in which this Supreme Court is Court’s. With increasing frequency, the running. seizing the power to make important Supreme Court is taking over the role In addition to the Department of the social decisions that, under our con- of government for itself. Treasury, this is the bill that provides stitutional system of government, are The imperial judging might also be moneys for the operation of the White properly made by elected representa- called a kind of judicial activism. ‘‘Ju- House, the Executive Office of the tives who answer to the people, unlike dicial activism’’ is an overworked ex- President, and it also provides funds the Court. pression, one that has often been used for the construction of new court- I said at the time that the case came by conservatives to criticize liberal houses, reflecting the priorities of the down, striking down the provisions of judges. Under this Supreme Court, administrative offices of the courts. It the Violence Against Women Act, that however, the shoe is plainly on the is this third branch of our Government the decision does more damage to our other foot. It is now conservative that I will take a few minutes to talk constitutional jurisprudence than it judges who are supplanting the judg- about. does to the fight against gender-based ment of the people’s representatives In 1994, the Senate and the House violence. Since I said that, a number of and substituting their own for that of passed the Violence Against Women people have asked me to explain what I the Congress and the President. Act which President Clinton then mean by that. Today, since we have the This is not just JOE BIDEN talking. signed into law. As the author of that time, I am beginning a series of speech- The Violence Against Women Act case legislation, securing its passage had es to do just that by placing the Morri- came to the Supreme Court through been my highest priority for three ses- son decision in a larger context of what the Fourth Circuit Court of Appeals, sions of Congress. The cause of elimi- an increasingly out-of-touch Supreme where Judge J. Harvie Wilkinson is the nating violence against women re- Court has been doing in recent years. chief judge. Judge Wilkinson has been mains my highest priority. I have I plan on making two additional on many so-called short lists for pos- watched the progress of the implemen- speeches on this subject over the next sible Supreme Court nominees of Gov- tation of my Violence Against Women several weeks and months. It is crucial, ernor Bush and is a well recognized Act. In that act we included a provi- in my view, that the American people conservative. In the opinion he wrote, sion giving anyone who had been the understand the larger pattern of the agreeing that the civil rights remedy victim of a crime of violence motivated Supreme Court’s recent decisions and, in the Violence Against Women Act by gender the right to bring a lawsuit to me, the disturbing direction in was unconstitutional, Judge Wilkinson seeking damages from the assailant. which the Supreme Court is moving be- praised the result as an example of On May 15 of this year, in a case cause the consequences of these cases ‘‘this century’s third and final era of called United States v. Morrison, the may well impact upon the ability of judicial activism.’’ Supreme Court struck down this provi- American citizens to ask their elected He, Judge Wilkinson, acknowledges sion. The Court said that addressing representatives in Congress to help that the decision represents the ‘‘third the problems of violence against them solve national problems that and,’’ he says, ‘‘final era of judicial ac- women in this way was beyond the con- have national impact. tivism.’’ And he said he hoped this new stitutional authority of the elected Many of the Court’s decisions are activism would be enduring presence in representatives of the United States. written in the name of protecting pre- our Federal courts. Flat out, they said it was an unconsti- rogatives of the State governments and That was in Brzonkala v. VPI, 169 tutional act we engaged in. speak in the time honored language of F.3d 820, 892–893. In ruling it was beyond the constitu- federalism and States rights. But as Or consider Judge Douglas Ginsburg tional authority of the Congress, the my grandmother would say, they have of the Court of Appeals for the District

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.000 S26JY0 July 26, 2000 CONGRESSIONAL RECORD—SENATE 16295 of Columbia, another well recognized tional commerce is not substantial legislation, we could enact a statute conservative. Judge Ginsburg has quite enough to justify a legislative response providing greater protection than the explicitly criticized the interpretation on the part of those of us elected to the Smith decision did to accepted reli- of the Constitution that has prevailed Congress. gious practices. through the better part of this entire The Lopez case startled many people. After extensive hearings under the century and, indeed, throughout most Numerous law schools sponsored con- leadership of Senator HATCH and Sen- of our country’s history, an interpreta- ferences to discuss the meaning of this ator KENNEDY, the so-called RFRA, Re- tion which correctly recognizes the case. Constitutional scholars debated ligious Freedom and Restoration Act, broad capacity and competence of the how great a departure this case sig- was drafted to require that the applica- people to govern themselves through naled from the settled approach to con- tion of neutral laws had to make rea- their elected officials, not through the gressional power that has been taken sonable accommodation to bona fide court system. over the 20th century, at least the last religious objections. According to Judge Ginsburg, the two-thirds of the 20th century, by all The Supreme Court struck down our correct interpretation of the Constitu- previous Supreme Courts. effort to extend reasonable protections tion produces results that severely re- Immediately after the decision, no to religious practices. It held that the strict the power of elected government. consensus emerged. Many scholars 14th amendment does not authorize the He calls the Constitution ‘‘the Con- plausibly concluded that Lopez was, as Congress to confer civil rights by stat- stitution in Exile.’’ Under that Con- one put it, just an ‘‘island in the ute or to give judicially recognized stitution, the one that he thinks con- stream,’’ a decision that breaks the rights a greater scope than the Court trols, unelected Federal judges would flow of the river of cases before it, but has set forth. wield enormous power to second-guess which will have no lasting effect of any In the Court’s view, the power of sec- legislative bodies on both the State significance on those that follow it. tion 5 of the 14th amendment gives the and the Federal levels. How wrong he was. It now turns out Congress the power to ‘‘enforce’’ the When Judge Ginsburg wrote about that if Lopez is an island, it is one the rights established in that amendment, these ideas in a magazine article in size of Australia. The Court soon fol- but it only amounts to a power to pro- 1995, he was eagerly awaiting signs that lowed Lopez by striking down the Reli- vide remedies for the violations of the the Supreme Court would begin to em- gious Freedom and Restoration Act rights that the Court has recognized— brace his notion of a Constitution in that Senator HATCH and I had worked not the Congress, the Court has recog- exile. Five short years later, much has so hard to craft and the Senate and nized—not to protect any broader con- changed. As Linda Greenhouse recently House passed and the President signed. ception of civil rights than the Court put it in a New York Times column, In Boerne v. Flores—that is the name has already recognized. Judge Ginsburg’s hopes: of the case that struck down the Reli- In the Flores case, it was another . . . sound decidedly less out of context gious Freedom Act we passed—the Con- sign that we are on the road to judicial today than they did even 5 years ago, just be- gress of the United States enacted the imperialism. Recognizing the implica- fore the court began issuing a series of deci- Religious Freedom Act in response to tions of the decision, the Republican sions reviving a limited vision of federal an earlier Supreme Court decision. majority on the Judiciary Committee’s power. In 1990, the Court ruled in Employ- Subcommittee on the Constitution in By taking a closer look at these se- ment Decision v. Smith that the con- the House held a hearing on the Court’s ries of decisions referred to in the New stitutional freedom of religion is not refusal to defer to Congress’ factual York Times, the pattern I have been offended by a State law that signifi- findings and the policy determinations referring to will become quite evident. cantly burdens the ability of members it based on those findings. The first clear step toward an impe- of that religion to practice their reli- Judicial deference to congressional rial judiciary was taken in the case gion, so long as that law applies across findings and congressional authority to called Lopez v. United States, which the board, without singling out reli- enforce civil rights are obviously im- invalidated a Federal law making it a gious practices of any one denomina- portant questions standing alone, but crime to possess a gun in a school zone. tion in any way. the Supreme Court raised the stakes The Supreme Court held that it was For example, under the Smith deci- even higher in two decisions relating to not obvious ‘‘to the naked eye’’ that sion, a dry county which prohibits the what we call State sovereign immu- the nationwide problem of school vio- consumption of all alcohol could pro- nity. In those cases, Seminole Tribe of lence has a substantial effect on the hibit a church from using sacramental Florida v. Florida and Alden v. Maine, national economy and interstate com- wine when they give communion, as the Court declared the Congress may merce, the predicate we have to show they do in my church; I am a Roman not use its commerce clause powers to to have jurisdiction under the com- Catholic; and they do so in other abrogate State sovereign immunity. merce clause to pass such a law. churches as well. What this means, translated, is that In our desire to respond quickly to Smith broke with the prior line of de- when Congress acts under its broad the epidemic of school violence, which cisions holding that such laws needed power to improve the national econ- we all talk about here on the floor, we to make reasonable accommodations omy, a power granted to it by the Con- in the Congress did not make find- for religion unless the Government had stitution, the Congress, in the Court’s ings—that is, we did not have hearings a very good reason for applying the law view, cannot authorize an individual to that said ‘‘we find that the following when it offended someone’s sincere re- sue a State even if they are suing over actions have the following impact on ligious practices to do so. In other a purely commercial transaction with commerce’’—we did not make findings words, unless the Government had an that State. For example, as the Court to relate school violence to interstate overwhelming reason why in a Catholic held in the Alden case, an employee of commerce. Subsequently, however, we Church they could not serve, when they a State now cannot sue his or her em- did make such findings and pointed to give communion, a sip of wine with the ployer for failing to comply with the the voluminous evidence that was be- host, prior decisions said you cannot Fair Labor Standards Act just because fore the Congress at the time we passed pass a law to stop that. the employer happens to be a State. Senator KOHL’s Gun-Free School Zone The overwhelming majority of both If it is a business person, a corpora- Act. Houses of Congress thought the Smith tion, and they violate the Fair Labor Nonetheless, the Court, this new im- decision was incorrect as a matter of Standards Act, which we passed to pro- perial judiciary, ignored our findings constitutional interpretation and as a tect all people who work, they can be and the raft of supporting evidence, matter of policy. We concluded that be- held accountable under that act. The and drew its own conclusions. They cause section 5 of the 14th amendment Supreme Court came along and said: concluded—the Court concluded—that authorized the Congress to protect fun- But, Congress, you can’t pass a law the threat of school violence to na- damental civil liberties by appropriate that holds a State accountable.

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.000 S26JY0 16296 CONGRESSIONAL RECORD—SENATE July 26, 2000 The Seminole Tribe and Alden cases cific cases where States had infringed a tional authority of Congress to select highlight the importance of the issue federally conferred patent and evidence the means it thinks appropriate to of congressional power under the 14th suggested the possibility of a future in- remedy a problem that is admittedly amendment because the Court con- crease in the frequency of State in- within the authority of Congress to ad- tinues to recognize that Congress can fringements of patents held by individ- dress. authorize individuals to sue States if uals. In the patent remedy case, the Court our legislation is authorized by the Unlike Lopez, the Patent Protection did not hold that Congress has exer- 14th amendment rather than by the Act did not lack findings or legislative cised a power in an area outside its commerce clause. record. Unlike Boerne, the legislative constitutional authority. Instead, it By limiting Congress’ 14th amend- record demonstrated that the statute disagreed with our substantive judg- ment powers, therefore, the Boerne de- was remedial and not substantive. ment as to whether the Federal remedy cision, which is the Religious Freedom Nonetheless, the Supreme Court de- was warranted. Act decision, draws into question our cided, independently, that the facts be- In short, the Court struck down the capacity to meaningfully protect civil fore the Congress, as it, the Court, in- remedy just because it did not think rights at all whenever remedies di- terpreted them, provided, in the the remedy was a good idea. Who are rectly against a State are being consid- Court’s words, ‘‘little support’’ for the they to make that judgment? Talk ered. need for a remedy. about judicial activism. The cases I Viewed in its historical context, this Get this: We, up here, concluded, on have reviewed today—Lopez, Boerne, is a remarkable development in and of the record, that States have, in fact, Seminole Tribe, Alden, and Florida itself. The text of the 14th amendment infringed upon the patents held by in- Prepaid—bring us up to this term just was drafted immediately after the Civil dividuals. We laid out why we completed by the Supreme Court. War, and it grants powers to only one thought—Democrat and Republican, In the next series of speeches, I will branch of the Government, the only House, Senate, and President—we show how the trend of judicial impe- one named in the amendment: the Con- should protect individuals from that rialism continued, and was extended by gress, not the Court. Specifically, the and why we thought the problem would several cases decided this past year, in- amendment sought to grant the Con- get worse. We set that out in the cluding the Violence Against Women gress ample power to enforce civil record when we passed the legislation. Act, which I began with today. But the Supreme Court comes along The bottom line here is, in the opin- rights against the States. That is what and says: We don’t think there is a ion of many scholars and observers of the Civil War was about. That is why problem. Who are they to determine the Court, we are witnessing the emer- the Civil War amendments were passed: whether or not there is a problem? It is gence of what I referred to a year ago to put it in stone. Developments in theirs to determine whether our action as the ‘‘imperial judiciary.’’ I just dis- these recent cases I have cited are in is constitutional, not whether or not cussed five cases leading up to the just profound tension with the sentiments there is a problem. But they said they completed term. and concerns of the drafters of the 14th found little support for our concern— Now I would like to discuss two sig- amendment. the concern of 535 elected Members of nificant decisions of this term. I will Still, after that case, some might the Congress and the President of the also begin the task of trying to place continue to say it is not clear where United States. these decisions in a broader framework the Court was really headed. It was The Court was not substituting a of the Constitution’s allocation of re- possible to say in the Flores case that constitutional principle here. The sponsibility between the elected it was simply articulating the standard Court was substituting its own policy branches of Government and the judici- governing the nature of Congress’ views for those of this body that de- ary. It is a framework that this ‘‘impe- power; namely, that it was purely re- scribed the problem of State infringe- rial judiciary’’ is disregarding. medial and not substantive. ment on Federal patents as being of na- Last December, the Court focused its Because the legislative record was tional import. They concluded it is not sight on the Age Discrimination in Em- designed to support an exercise of sub- that big of a deal. ployment Act. That is the act that pro- stantive power, that record did not so We need to be clear about what the tects Americans against discrimina- clearly support the exercise of the re- Court did in the patent remedy case. tion based on age and is amply justified medial power. For a long time, it has been accepted under our Constitution. Not only does On this reading, the Court did not constitutional law that once a piece of it protect the basic civil rights of equal second-guess the congressional find- legislation has been found to be de- protection and nondiscriminatory ings. It just saw them as answering the signed to cover a subject over which treatment—with bipartisan support, I wrong question. Subsequent events, the Constitution gives the Congress the might add—it also promotes the na- however, have confirmed that the Sub- power to act—let me say that again— tional economy, by ensuring that the committee on the Constitution had a this has been accepted constitutional labor pool is not artificially limited by right to be worried about Boerne be- theory and law that once a piece of leg- mandatory requirements to retire. cause Boerne was much more ominous islation has been found to be designed So the Congress had ample constitu- than that. by the Congress to cover a subject over tional authority to enact the Age Dis- In one of the last cases decided in the which the Congress has constitutional crimination Act. And the Court did not 1998 term, the Court laid down yet an- authority, that it then becomes wholly deny that. Nonetheless, the Court, this other marker, perhaps the most bold within the sphere of Congress to decide last term, gutted the enforcement of decision yet in the trend of the Court whether any particular action is wise the act as the act applied to all State usurping democratic authority. or is prudent. government employees. In that decision, the Court held un- This has been constitutional law Building on its earlier decisions in constitutional a Federal statute, the going all the way back as far as the Seminole Tribe and Alden cases, Patent and Plant Variety Protection M’Culloch v. Maryland, written by the which I discussed a moment ago, the Remedy Clarification Act. That act then-Chief Justice John Marshall, in Court ruled that the Constitution pre- provided a remedy for patent holders 1819. There Chief Justice Marshall vents us from authorizing State em- against any State that infringes on the wrote that the ‘‘government which has ployees to sue their employers for vio- patent holder’s patent. That was in the right to act, and has imposed on it lation of the Federal Age Discrimina- Florida Prepaid Postsecondary Edu- the duty of performing that act, must, tion Act. The Court also said, however, cation Expense Board v. College Sav- according to the dictates of reason, be that the Constitution does not prevent ings Bank. allowed to select the means [by which the Congress from applying the law to Before enacting this remedial legisla- to act].’’ the States. tion, the Congress had developed a spe- In the patent remedy case, the Court Now, you have to listen to this care- cific legislative record detailing spe- quite clearly usurped the constitu- fully. In a thoroughly bizarre manner,

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.000 S26JY0 July 26, 2000 CONGRESSIONAL RECORD—SENATE 16297 in my view, the Supreme Court has this country. These are the types of is that the Supreme Court acknowl- now held that the Constitution allows findings, I might add, that were absent edged all of it. They said: We don’t the Age Discrimination Act to apply to when the Congress first enacted the challenge that. State employers, but it denies the em- Gun-Free School Zone Act, struck This is the new height in their impe- ployees the right to sue the State em- down in the Lopez case. rial judicial thinking. That is right. ployers when their rights under the Let me remind you that Congress, The Court acknowledged all of the find- Federal law are violated. We learned in when we enacted the civil rights provi- ings of my committee. In Morrison, the law school that a right without a rem- sion invalidated in Morrison, found: Supreme Court recognized that in con- edy can hardly be called a right. [C]rimes of violence motivated by gender trast to the lack of findings in the leg- As a result of this case, called Kimel have a substantial adverse impact upon islation on the Gun-Free School Zone v. Florida Board of Regents, over 27,000 interstate commerce by deterring potential case, Lopez, that the civil rights provi- State employees in my State of Dela- victims of violence from traveling inter- sions of the Violence Against Women ware are left without an effective judi- state, from engaging in employment in Act were supported by ‘‘numerous fac- cial remedy for a violation of a Federal interstate business, from transacting with tual findings’’ about the impact of gen- businesses and in places involved in inter- law that protects them against age dis- state commerce. Crimes of violence moti- der-motivated violence on interstate crimination. Across the Nation, nearly vated by gender have a substantial adverse commerce. 5 million State employees no longer effect on interstate commerce by dimin- But the Court also acknowledged the have the full protection of Federal law. ishing national productivity, increasing failure of the States to address this Recall that in the Boerne decision— medical and other costs, and decreasing the problem—they acknowledged the the case that invalidated the Religious supply of and the demand for interstate States had not addressed it before we Freedom Restoration Act, which I dis- products . . . did—noting that the assertion that cussed a moment ago—the Court had I cannot emphasize enough the seri- there was a pervasive bias in State jus- begun the process of undermining the ousness of the toll that we found gen- tice systems against victims of gender- ability of the Congress under section 5 der-motivated violence exacts on inter- motivated violence was supported by a of the 14th amendment to enact legisla- state commerce. Such violence denies ‘‘voluminous congressional record.’’ tion protecting civil rights. In Kimel, women an equal opportunity to com- They acknowledged that there was this they continued that process. pete in the job market, imposing a great impact on interstate commerce. In Kimel, the Court held that Con- heavy burden on our national economy. They acknowledged—because I had my gress’ 14th amendment power to en- Witness after witness at the hearing staff, over 4 years, survey the laws and force civil rights refers only to the en- testified that as a result of rape, sexual the outcomes in all 50 States—that forcement of those rights that the assault, or domestic abuse, she was many State courts had a bias against Court itself has declared and not to fired from, forced to quit, or abandoned women. rights that exist by virtue of valid her job. As a result of such interference So they acknowledged both those statutes. Because the Court decided with the ability of women to work, do- predicates. that the Age Discrimination Act goes mestic violence was estimated to cost Instead of according the deference beyond the general protection the Con- employers billions of dollars annually typically given to congressional fac- stitution provides when it says that all because of absenteeism in the work- tual findings, supported by, as they citizens are entitled to ‘‘equal protec- place. Indeed, estimates suggested that said, a voluminous record, and without tion under the law,’’ the Court ruled we spend between $5 and $10 billion a even the pretense of applying what we that the right to sue an employer for year on health care, criminal justice, lawyers call the ‘‘traditional rational violations of the act was not ‘‘appro- and other social costs merely and to- basis test’’—that is, if the Congress has priate’’ and so ruled the act unconsti- tally as a consequence of violence a rational basis upon which to make its tutional. against women in America. finding, then we are not going to sec- After Kimel, the pattern of the impe- In response to this important na- ond-guess it; that is what we mean by rial judiciary now emerges with some tional problem, one to which we found ‘‘rational basis’’—the Court simply clarity. First, the Court has repudiated the States did not or could not ade- thought it knew better. over 175 years of nearly unanimous quately respond, Congress enacted my This marks the first occasion in more agreement that Congress, not the Violence Against Women Act in 1994, than 60 years that the Supreme Court Court, will decide what constitutes which included provisions authorizing has rejected explicit factual findings ‘‘necessary and proper’’ legislation women to sue their attackers in Fed- by Congress that a given activity sub- under any of its, Congress’, enumerated eral court. This statute reflected the stantially affects interstate commerce. powers. Then in a parallel maneuver, legislative branch’s judgment that The Court justified this abandonment the Court has announced that it, not State laws and practices had failed to of deference to Congress by declaring the Congress, will decide what con- provide equal and adequate protection that whether a particular activity sub- stitutes ‘‘appropriate’’ remedial legis- to women victimized by domestic vio- stantially affects interstate commerce lation to enforce civil rights and civil lence and sexual assault and that the ‘‘is ultimately a judicial rather than a liberties. lawsuit would provide an adequate legislative question.’’ Let me return for a moment to the means of remedying these deficiencies. You got this? For the first time in 60 Violence Against Women Act, which I This was no knee-jerk response to a years, since back in the days of the began earlier in my speech. Prior to problem. Congress specifically found Lochner era, the Supreme Court has the enactment of the Violence Against that State and Federal laws failed to come along and said they acknowledge Women Act, I held extensive hearings ‘‘adequately provide victims of gender- that the Congress has these volumi- in the Judiciary Committee when I was motivated crimes the opportunity to nous findings that interstate commerce chairman, compiling voluminous evi- vindicate their interests’’ and that: is affected and the States aren’t doing dence on the pattern of violence . . . existing bias and discrimination in the anything to deal with this national against women in America. The mas- criminal justice system often deprives vic- problem of violence against women; sive legislative record Congress gen- tims of crimes of violence motivated by gen- they are not doing sufficiently enough. erated over a 4-year period of those der of equal protection of the laws and the There is a bias in their courts. We ac- hearings supported Congress’ explicit redress to which they are entitled. knowledge that. But they said, not- findings that gender-motivated vio- The funny thing about these explicit withstanding that, the question of lence does substantially and directly congressional findings and this moun- whether a specific activity substan- affect interstate commerce. How? By tain of data, as Justice Souter in his tially affects interstate commerce ‘‘is preventing a discrete group of Ameri- dissent called it, showing the effects of ultimately a judicial rather than a leg- cans, i.e., women, from participating violence against women on interstate islative question.’’ Hang on, here we go fully in the day-to-day commerce of commerce—the funny thing about this back to 1925.

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.000 S26JY0 16298 CONGRESSIONAL RECORD—SENATE July 26, 2000 As Justice Souter said in his dissent, significant national problems. This is Already, opinions have been written this has it exactly backwards, for ‘‘the not only my assessment; it is shared, by lower court judges overturning the fact of such a substantial effect is not for example, by Justice John Paul Ste- Superfund legislation, challenging the an issue for the courts in the first in- vens, who was appointed to the Court constitutionality of the Endangered stance, but for the Congress, whose in- by Gerald Ford. Dissenting in the Species Act, calling into doubt Federal stitutional capacity for gathering evi- Kimel case, Justice Stevens has writ- protection of wetlands, and evis- dence and taking testimony far exceeds ten that ‘‘the kind of judicial activism cerating the False Claims Act, among ours.’’ manifested in [these cases] represents others. Not all of these judicial exer- In short, in a decision that reads such a radical departure from the prop- cises can be corrected by the Supreme more like one written in 1930 than in er role of this Court that it should be Court, even if it were inclined to do so, 2000, the Court held that the judicial, opposed whenever the opportunity because the Court decides only 80 or so not the legislative, branch of the Gov- arises.’’ cases a year from the entire Federal ernment was better suited to making That is not JOE BIDEN speaking; that system. these decisions on behalf of the Amer- is a sitting member of the Supreme In concluding, I wish to describe in ican people—a conclusion that cer- Court appointed by a Republican Presi- the most basic terms why the impe- tainly would have surprised Chief Jus- dent. rialist course upon which the Court has tice Marshall, the author of the sem- It is also shared by Justice David embarked constitutes a danger to our inal commerce clause decision in Gib- Souter, who was appointed by Presi- established system of government. bons v. Ogden in the early 1800s. dent Bush. Dissenting in the Lopez In case after case, the Court has The judgments that the Congress case, Justice Souter has written that strayed from its job of interpreting the made in enacting the Violence Against ‘‘it seems fair to ask whether the step Constitution and has instead begun to Women Act were, in my view, the cor- taken by the Court today does any- second guess the Congress about the rect ones. Even if you disagree with thing but portend a return to the un- wisdom or necessity of enacted laws. me, though, they were the Congress’ tenable jurisprudence from which the Its opinions declare straightforwardly judgments to make, not the Court’s Court extricated itself almost 60 years its new approach: The Court deter- judgments to make. ago.’’ He was referring to the Lochner mines whether legislation is ‘‘appro- When it struck down the Violence era. priate,’’ or whether it is proportional Against Women Act, the Court left lit- It is shared by Justice Breyer, a Clin- to the problem we have validly sought tle doubt that it was acting outside its ton appointee. Dissenting in College to address, or whether there is enough proper judicial role. They said that the Savings Bank v. Florida Prepaid, Jus- reason for us to enact legislation that commerce clause did not justify the tice Breyer has written that the all agree is within our constitutionally statute because the act of inflicting vi- Court’s decisions on State sovereign defined legislative power. olence on women is not a ‘‘commer- immunity ‘‘threaten the Nation’s abil- If in the Court’s view legislation is cial’’ act. It said that section 5 of the ity to enact economic legislation need- not appropriate, or proportional, or 14th amendment also did not justify ed for the future in much the way grounded in a sufficient sense of ur- this act because creating a cause of ac- Lochner v. New York threatened the gency, it is unconstitutional—even tion against the private perpetrators of Nation’s ability to enact social legisla- though the subject matter is within violence is not an ‘‘appropriate’’ rem- tion over 90 years ago.’’ Congress’ power, and even though Con- edy for the denial of equal protection Significantly, this imperialist trend gress made extensive findings to sup- that occurs when State law enforce- can continue to grow and flower in two port the measure. ment fails vigorously to enforce laws different places. The Supreme Court More significant than the invalida- that ought to protect women against itself can continue to write more and tion of any specific piece of legislation, such violence. more aggressive decisions, cutting this approach annexes to the judiciary Over the course of this speech today, deeper and deeper into the people’s ca- vast tracts of what are properly under- I have discussed seven significant deci- pacity to govern themselves effectively stood as the legislative powers. If al- sions since 1995: Lopez, the gun-free at a national level. lowed to take root, this expanded school zones case; Boerne against Flo- In the short term, perhaps the odds version of judicial power will under- res, the Religious Freedom Restoration are that this will not occur. Many of mine the project of the American peo- Act case; Seminole Tribe and Alden, the decisions in this pattern have been ple, and that project is self-govern- the two decisions prohibiting us from decided by votes of five Justices to four ment, as set forth in the Constitution. creating judicial enforceable economic Justices, and it may be that one or To understand the alarm that Justice rights for State employees; Florida more of the conservative majority has Stevens, Justice Souter, and others Prepaid, the patent remedy case; gone about as far as he or she is pre- have sounded about the Court’s pattern Kimel, the Age Discrimination Act pared to go at this time. of activism, we must understand the case; and finally, Morrison, the Vio- In the longer term, however, we can way the Constitution structures the lence Against Women Act case. quite reasonably expect two or three Federal Government and the reasons None of them deal fatal blows to our appointments to the Court in the next behind that structure. We must also ability to address these significant na- 4 to 8 years, and if those appointments understand the history and the prac- tional problems, but they each, in result in replacing moderate conserv- tice that have made the Constitution’s varying degrees, make it much more atives on the Court with activist con- blueprint a reality and provide a scale difficult for us to be able to do so. servatives, we have every reason to ex- to measure when the balance of power There are two even more important pect that this trend I have outlined for has gone dangerously awry. These con- points to make about these cases. the last 45 minutes would gain momen- siderations amply support Justice Ste- First, together, these cases are estab- tum. vens’s assessment of ‘‘a radical depar- lishing a pattern of decisions founded It can also bloom in the lower courts. ture from the proper role of this on constitutional error—an error that This may, to some extent, be by design Court.’’ allocates far too much authority to the of the Justices who are taking the lead The Constitution (supplemented by Federal courts and thereby denies to in the Court today. Certainly, many the Declaration of Independence) sets the elected branches of the Federal people have remarked on the proclivity forth the great aspirations and objects Government the legitimate authority of Justice Scalia to author opinions of our nation. It does not, however, vested in it by the Constitution to ad- containing sweeping language that cre- achieve them. That is the great project dress national problems. ates new ambiguities in the law and of American politics and government: Second, this is a trend that is fully which then often provide a hook on to achieve the country envisioned in capable of growing until it does deal which lower court judges can hang those founding documents. The way to telling blows to our ability to address their judicial activism. meet our aspirations and establish our

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.000 S26JY0 July 26, 2000 CONGRESSIONAL RECORD—SENATE 16299 national identity and our character as lows & Halter will finish the word of legislative power in the abstract than a people is through the process of self- the sword.’’ it is to apply in practice. That is why government. The words of the Constitution’s pre- so much of our constitutional history The Declaration of Independence pro- amble are not idle rhetoric. The found- has been devoted to developing doc- claims our fundamental commitment ing generation ratified the Constitu- trines and traditions that keep the ju- to liberty and equality. These commit- tion in order to establish a government diciary within its proper sphere. ments are by no means self-executing. that could decisively and effectively After much upheaval, the mid-twen- The history of our nation is in no small act to ‘‘provide for the common de- tieth century yielded a stable and har- part the history of a people struggling fense, promote the general welfare, and monious approach to questions relating to comprehend these commitments and secure the blessings of liberty.’’ This is to the scope of Congress’s powers: these to put these high ideals into practice. a fundamental constitutional value questions are largely for the political The Constitution itself was con- that must always be brought to bear branches and the political process to cerned with a more complex function. when construing the Constitution. resolve—not the courts. Whereas the Declaration explained the Yet, it is precisely this constitu- To be sure, the Court has a role in po- reasons for splitting from Great Brit- tional value that the Supreme Court licing the outer boundaries of this ain, the Constitution was concerned has lost sight of. Consider, for example, power, but it is to be extremely def- with explaining why the former colo- Justice Kennedy’s statement in the erential to the specific judgment of nies should remain united as a single case striking down the Line Item Veto Congress that a given statute is a nec- nation. It was also concerned with the Act. ‘‘A nation cannot plunder its own essary and proper exercise of its con- task of providing a government that treasury without putting its Constitu- stitutional powers. When the Court could fulfill the promise and purposes tion and its survival in peril. fails to defer, as it had during several of union. The statute before us then is of first periods prior to the New Deal, it inevi- The Framers who arrived in Philadel- importance, for it seems undeniable tably finds itself making judgments phia to debate and draft the Constitu- the Act will tend to restrain persistent that are far outside the sphere of the tion were no longer immediately ani- excessive spending.’’ Who is he to make judicial power. mated by an overbearing and oppres- that judgment? Yet, Justice Kennedy This is the point of Justice Stevens’ sive government. In fact, our first na- viewed this as completely irrelevant to warning. The Court is departing from tional government, under the Articles the statute’s constitutionality. He con- its proper role in scope of power cases. of Confederation, was the precise oppo- curred that the Line Item Veto Act What was initially uncertain, even site. violates separation of powers even after Lopez and Boerne, is now inescap- The emergency that brought the though there was no obvious textual able: This imperial Court, in case after leading citizens of the North American basis for this conclusion and no appar- case, is freely imposing its own view of continent together in Philadelphia ent threat to any person’s liberty. what constitutes sound public policy. that Summer of 1787 was the inability Justice Kennedy is right about one This violates a basic theory of govern- of the national government to act in thing. His statement is premised on the ment so carefully set forth in our Con- any effective way. These framers saw view that the Court is not particularly stitution. In theory, therefore, there is the vast potential of the new nation well-suited to make policy or political ample reason to expect that the Su- with its unparalleled natural and judgments. This is accurate and no preme Court’s recent imperialism will human resources. mere happenstance. The Constitution undermine the fundamental value ani- They saw as well the danger posed by itself structures the judiciary and the mating the Constitution, and that is foreign powers and domestic unrest. political branches differently by de- the ability of the American people to They realized too that the Confed- sign. govern themselves effectively and eration could never act credibly to ex- The Judiciary is made independent of democratically. ploit the nation’s potential or to quell political forces. Judges hold life tenure I yield the floor. domestic and foreign hostilities. As Al- and salaries that cannot be reduced. The PRESIDING OFFICER (Mr. exander Hamilton put it, ‘‘[w]e may in- The purpose of the entire structure of HAGEL). The Senator from Michigan. deed with propriety be said to have the judiciary is to leave judges free to Mr. LEVIN. Mr. President, I yield to reached almost the last stage of na- apply the technical skills of the legal the Senator from Missouri up to 7 min- tional humiliation. There is scarcely profession to construe and develop the utes for a statement he wishes to anything that can wound the pride or law, within the confines of what can be make, and I ask unanimous consent I degrade the character of an inde- fairly deemed legal reasoning. be allowed to do that without losing pendent nation which we do not experi- Outside this realm is the realm of my right to the floor. ence.’’ policy. Here Congress and the Presi- The PRESIDING OFFICER. Without Hamilton urged that the nation rat- dent enjoy the superior place, again by objection, it is so ordered. ify the Constitution and throw off the constitutional design. The political The Senator from Missouri. ability of the states to constrain the branches are tied closely to the people, Mr. ASHCROFT. Mr. President, I national government: ‘‘Here, my coun- most obviously through popular elec- thank the Senator from Michigan for trymen, impelled by every motive that tions. his kindness to me. I certainly am not ought to influence an enlightened peo- Between elections, the political the one to object to that unanimous ple, let us make a firm stand for our branches are properly subject to the consent. I appreciate that very much. safety, our tranquility, our dignity, our public in a host of ways. Moreover, the I express my unequivocal support, reputation. Let us at last break the political branches have wide-ranging and I rise to do so for the many efforts fatal charm which has too long seduced access to information through hear- that we are making in this Congress to us from the paths of felicity and pros- ings, through studies we commission, reform U.S. policy on embargoes of perity.’’ and through the statistics and data we food and medicine. Now is the time to Indeed, Hamilton may have been un- routinely gather. reevaluate the policies we have en- derstating the degree of the crisis. This proximity to the people and to gaged in in the past that are perpet- Gouverneur Morris, a leading delegate information makes Congress the most uating losses to America. from Pennsylvania, warned that ‘‘This suitable repository of the legislative Food embargoes can be summed up as country must be united. If persuasion power; that is, the power to deliberate a big loss: a loss to the U.S. economy, does not unite it, the sword will . . . as agents of the public and to deter- a loss of jobs, a loss of markets. For ex- The scenes of horror attending civil mine what laws and structures will ample, embargoed countries buy 14 per- commotion cannot be described . . . best ‘‘promote the general welfare.’’ cent of the world’s total rice, 10 per- The stronger party will then make It is much easier to describe the dis- cent of the world’s total wheat pur- [traitors] of the weaker; and the Gal- tinction between the judicial and the chases, and the list goes on.

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.000 S26JY0 16300 CONGRESSIONAL RECORD—SENATE July 26, 2000 When we lose those markets for in regard to food and medicine embar- Neighbors, Lutheran World Relief, Church of America, we should have a very good goes. The conference was shut down by the Brethren, Washington Office, Bread for reason. There should be some benefit if a select few individuals in the Congress the World, Paulist National Catholic Evangelization Association, World Edu- we are going to give up access to 14 who were outside of the conference cation, Lutheran Brotherhood, PACT, Third percent of the world’s rice import mar- committee. World Opportunities Program. ket, 10 percent of the world’s wheat This reform proposal was then adopt- Concern America, Center for International market, for soybean farmers, cattle- ed by the Senate Foreign Relations Policy, Program On Corporations, Law, and men, hog farmers, poultry producers, Committee. I am pleased the Senate Democracy (POCLAD), Unitarian Univer- cotton, and corn farmers. Foreign Relations Committee has em- salist Service Committee, Committee of Con- The nation of Cuba, for example, im- braced the concept, which the Senate cerned Scientists, Inc., (which is chaired by Joel Lebowitz, Rutgers University, Paul ports about 22 million pounds of pork a voted 70–28 in favor of, in spite of the Plotz, National Institutes of Health, and year. Someone says that is important fact this was shot down when the com- Walter Reich, George Washington Univer- to the livestock farmers. Feed that pig mittee was shut down in the conference sity), Women’s International League for corn before exporting it, so it is impor- last year. Peace and Freedom, Oxfam America, Insti- tant to the grain farmers, as well. Once again, this provision passed the tute for Food and Development Policy. The embargo causes a loss in Amer- Senate this year. Senators DORGAN and Paulist National Catholic Evangelization ica’s foreign policy. Often we think we GORTON offered it as an amendment in Association, The Alliance of Baptist, Insti- tute for Human Rights and Responsibilities, will inflict some sort of pressure or in- the agricultural appropriations mark- Chicago Religious Leadership Network on jury on another country and, instead of up, and it was accepted overwhelm- Latin America, Fund for Reconciliation and hurting them, we help them. I don’t ingly. Development, Guatemala Human Rights think there was any more dramatic Once again, we are faced with a Commission, USA, The Center for Cross-Cul- case of that than the Soviet grain em- House-Senate conference. It would be tural Study, Inc., Mayor Gerald Thompson, bargo with 17 million tons of grain and very troublesome to me if the demo- City of Fitzgerald, Georgia, Professor Hose those contracts were canceled. Instead cratic process is not allowed to work, Moreno, Professor of Sociology, University of hurting the Soviet Union, they re- especially after we have seen the will of Pittsburgh, Berkeley Adult School, Career of Congress and the American people. Center Director June Johnson, Youngstown placed the contracts in the world mar- State University, Dept. of Foreign Language, ketplace at a $250 million benefit to That will is clearly expressed as a will Lake Charles Harbor & Terminal District, the Soviet Union. Instead of hurting to reform and embrace the reform of Catholic Relief Services. the former Soviet Union, we helped the sanctions imposed by the President. It Mr. ASHCROFT. We are today offer- former Soviet Union. That particular has passed the Senate Foreign Affairs ing yet another amendment because weapon was dangerous. Using food and Committee, and it has passed the Sen- there is concern that the democratic medicine as an embargo is dangerous ate twice. Some version of this effort process in the agricultural appropria- because that weapon backfires. Instead has now passed the House of Represent- tions House-Senate conference will not of hurting our opponent, we helped our atives and is broadly supported all be respected. opponent. across America. Let me be clear. We would not have Who did we hurt? We hurt the Amer- I hold in my hand a list of about 50 to be here today offering this amend- ican farm agricultural community. We organizations, dozens and dozens and ment that says ‘‘don’t enforce the hurt the food processing community. dozens of organizations, including the law,’’ if we in the Congress were al- We need to make a commitment to American Farm Bureau, the National lowed to change the law, which is the ourselves that we need to reform this Farmers Union, the U.S. Chamber of purpose of Congress. area of embargoing food and medicine Commerce, Gulf Ports of the Americas If you don’t want to change the law, resources. Association, the AFL–CIO. That is a you don’t need a Congress. You can The provision the Senator from Kan- pretty broad set of groups that want to have the same laws all the time. We sas and I and others will likely offer reform this practice of embargoes. found a law that is not working; we today simply reaffirms what we have I ask unanimous consent to have this should change the law. This amend- been trying to do for some time; that list printed in the RECORD. ment will be a ‘‘don’t enforce the law’’ is, to get real reform of humanitarian There being no objection, the list was amendment, but the truth is, our prior sanctions. I will cosponsor Senator ordered to be printed in the RECORD, as expressions on this are clear. We ought ROBERTS’ and Senator BAUCUS’ amend- follows: to change the law so we won’t have to ment. I support it fully. However, the GROUPS AND INDIVIDUALS SUPPORTING THE talk about withdrawing funding for en- amendment should not be necessary. AMENDMENT: forcement. Twice we have passed sanctions reform Missouri Farm Bureau, and numerous My preference is to get this issue re- for food and medicine in the Senate. other Missouri farm organizations, The solved in the agricultural appropria- Why is it necessary to do this a third American Farm Bureau, The National Farm- tions conference and pass embargo re- time? My clear preference is to pass ers Union, American Soybean Association, U.S. Rice Producers Association, Wheat Ex- form for all countries and for future sanctions reform for all countries, not port Trade Education Committee, National sanctions. We need to send real embar- only for Cuba. We should reform the Association of Wheat Growers, U.S. Wheat go reform to the President’s desk this sanctions regime for all countries, not Associates, National Grain Sorghum Pro- year. That should be our objective. I only Cuba, and we should ensure that ducers, Cargill. will support this amendment today future sanctions will not be imposed ConAgra, Riceland, U.S. Chamber of Com- which I am cosponsor of, but real re- arbitrarily. merce, Grocery Manufacturers of America, form, and reforming the regime, the Gulf Ports of the Americas Association, The Last year, the Senate accepted over- framework in which these sanctions whelmingly, by a vote of 70–28, accept- AFL–CIO, Washington Office of Latin Amer- ica, Resource Center of the Americas, The are proposed, is what we ought to do. It ed an amendment that I and many of U.S.-Cuba Foundation, Cuban American Alli- is what we have done. I believe, ulti- my colleagues offered. That amend- ance Education Fund. mately, it is what we will do for the ment lifts food and medicine sanctions Association for Fair Trade with Cuba, The benefit of not only those who work in across the board, not only applying the U.S.-Cuba Friendshipment/Bay Area, Ameri- agriculture and who respect foreign lifting of the sanctions to Cuba. cans for Humanitarian Trade with Cuba, policy but for future generations and When we went to the House-Senate Cuban Committee for Democracy, U.S.A./ the relations of the United States with Cuba InfoMed, USCuBA Trade Association, conference, the democratic process was other countries. derailed. We were not voted down. The Cuban Committee for Democracy, Cuban American Alliance Education Fund, Inc., I yield the floor. conference was shut down because the InterAction (the American Council for Vol- The PRESIDING OFFICER. The Sen- votes were there to affect what the untary International Action). ator from Michigan. Senate had clearly voted in favor of. Latin American and Caribbean Region Mr. LEVIN. Mr. President, the Treas- That is, the reformulation of our policy American Friends Service Committee, World ury-Postal appropriations bill includes

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.000 S26JY0 July 26, 2000 CONGRESSIONAL RECORD—SENATE 16301 a provision to establish a special post- For the last 40 years, Congress has stamp subjects that are scheduled to be age stamp called the semipostal, in- deferred to the Postal Service and to issued. The criteria established by this inde- tended to raise funds for programs to an advisory board which it has set up, pendent group ensure that stamp subjects reduce domestic violence. nonpartisan, out of politics, objective. have stood the test of time, are consistent I am a very strong supporter of pro- with public opinion and have broad national That Citizens’ Stamp Advisory Com- interest. grams to reduce domestic violence—I mittee recommends subjects for the Ideas for stamp subjects that meet the believe Congress should fully fund commemorative stamp program. That CSAC criteria may be addressed to the Citi- those programs—but I do not agree committee, the Citizens’ Stamp Advi- zens’ Stamp Advisory Committee, c/o Stamp that another semipostal issue should sory Committee, was created more Development, U.S. Postal Service, 475 be mandated by the Congress. than four decades ago to take politics L’Enfant Plaza, SW, Room 4474E, Wash- Semipostals are stamps that are sold out of the stamp selection process. ington, D.C. 20260–2437. Subjects should be with a surcharge on top of the regular Committee members review thousands submitted at least three years in advance of the proposed date of issue to allow sufficient first-class postage rate, with the extra of stamp subjects each year and select revenue earmarked for a designated time for consideration and for design and only a small number that they believe production, if the subject is approved. cause. Those causes are invariably will be educational and interesting to The Postal Service has no formal proce- causes which I think most, if not all, the public and meet the goals of the dures for submitting stamp proposals. This support. They are very appealing Postal Service. allows everyone the same opportunity to causes that come to Congress and ask Although Congress advises that advi- suggest a new postage stamp. All proposals to require the Postal Service to issue a sory committee on stamp subjects by are reviewed by the Citizens’ Stamp Advi- stamp that has an amount for first- making recommendations through let- sory Committee regardless of how they are class postage more than the regular 33 ters that we send or through sense-of- submitted, i.e., postal cards, letters or peti- cents amount, with the difference Congress resolutions, until now, for the tions. Afer a proposal is determined not to vio- going to their cause. last 40 years, Congress has left the de- The one and only time that we ever late the criteria set by CSAC, research is cisionmaking on stamp issuance up to done on the proposed stamp subject. Each did that was for an extraordinarily the Postal Service. new proposed subject is listed on the CSAC’s worthy cause—breast cancer research. This is what the Postal Service says agenda for its next meeting. The CSAC con- The question now is whether we are about the role of the Citizens Stamp siders all new proposals and takes one of sev- going to continue down that road and, Advisory Committee: eral actions: it may reject the new proposal, as a Congress, mandate the Postal The U.S. Postal Service is proud of its role it may set it aside for consideration for fu- Service to issue those stamps for a in portraying the American experience to a ture issue or it may request additional infor- whole bunch of causes that are com- world audience through the issuance of post- mation and consider the subject at its next peting with each other for us to man- age stamps and postal stationery. meeting. If set aside for consideration, the subject remains ‘‘under consideration’’ in a date the Postal Service to issue such a Almost all subjects chosen to appear on U.S. stamps and postal stationery are sug- file maintained for the Committee. stamp. gested by the public. Each year, Americans What is important about all that is Section 414 of this bill says: submit proposals to the Postal Service on In order to afford the public a convenient that there are very clear procedures literally thousands of different topics. Every where every citizen of this country can way to contribute to funding for domestic vi- stamp suggestion is considered, regardless of olence programs, the Postal Service shall es- who makes it or how it is presented. make a recommendation to the com- tablish a special rate of postage for first- On behalf of the Postmaster General, the mittee which has certain basic criteria class mail under this section. Citizens’ Stamp Advisory Committee (CSAC) to determine the eligibility of subjects It then goes on to describe what that is tasked with evaluating the merits of all for commemoration on U.S. stamps. rate shall be. It says in part of this sec- stamp proposals. Established in 1957, the These criteria are set forth for the gen- tion that: Committee provides the Postal Service with eral public to see—12 major areas guide a ‘‘breadth of judgment and depth of experi- It is the sense of the Congress that nothing the selection. ence in various areas that influence subject in this section should directly or indirectly matter, character and beauty of postage It is a general policy that U.S. postage cause a net decrease in total funds received stamps.’’ stamps and stationery primarily will feature by the Department of Justice or any other The Committee’s primary goal is to select American or American-related subjects. agency of the Government, or any compo- subjects for recommendation to the Post- No living person shall be honored by por- nent or program thereof below the level that master General that are both interesting and trayal on U.S. postage. would otherwise have been received but for educational. In addition to Postal Service’s Commemorative stamps or postal sta- the enactment of this section. extensive line of regular stamps, approxi- tionery items honoring individuals usually I am not sure how this can possibly mately 25 to 30 new subjects for commemora- will be issued on, or in conjunction with sig- be enforced. But that is just one of the tive stamps are recommended each year. nificant anniversaries of their birth, but no problems, not the basic problem, with Stamp selections are made with all postal postal item will be issued sooner than ten this language. customers in mind, not just stamp collec- years after the individual’s death. The only As I indicated, the first and only ex- tors. A good mix of subjects, both interesting exception to the ten-year rule is the issuance ample in American history of a and educational, is essential. of stamps honoring deceased U.S. presidents. Committee members are appointed by and semipostal stamp being issued was the They may be honored with a memorial serve at the pleasure of the Postmaster Gen- stamp on the first birth anniversary fol- breast cancer research stamp which re- eral. The Committee is composed of 15 mem- lowing death. quired the Postal Service to turn over bers whose backgrounds reflect a wide range Events of historical significance shall be extra revenue, less administrative of educational, artistic, historical and pro- considered for commemoration only on anni- costs, to the National Institutes of fessional expertise. All share an interest in versaries in multiples of 50 years. Health and the Department of Defense philately and the needs of the mailing pub- Only events and themes of widespread na- for its breast cancer research pro- lic. tional appeal and significance will be consid- The Committee itself employs no staff. grams. That stamp broke tradition in ered for commemoration. Events or themes The Postal Service’s Stamp Development of local or regional significance may be rec- Congress, not just because it was the group handles Committee administrative first semipostal in our Nation’s history ognized by a philatelic or special postal can- matters, maintains Committee records and cellation, which may be arranged through but also because it was the first time responds to as many as 50,000 letters received the local postmaster. that Congress mandated the issuance annually recommending stamp subjects and Stamps or stationery items shall not be of any stamp in 40 years. I think our designs. issued to honor fraternal, political, sec- tradition of keeping Congress out of The Committee meets four times yearly in tarian, or service/charitable organizations the stamp selection process has worked Washington, D.C. At the meetings, the mem- that exist primarily to solicit and/or dis- bers review all proposals that have been re- with respect to commemorative tribute funds. Nor shall stamps be issued to ceived since the previous meeting. No in-per- honor commercial enterprises or products. stamps, and I believe we should follow son appeals by stamp proponents are per- that with respect to semipostals as mitted. The members also review and pro- These criteria—I have just read six of well. vide guidance on artwork and designs for them; there are a total of 12—are set

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.000 S26JY0 16302 CONGRESSIONAL RECORD—SENATE July 26, 2000 forth for the public to see and for ev- this advisory committee, and this advi- After the Governmental Affairs Com- erybody to have a fair chance, accord- sory committee alone, has decided and mittee reported this stamp proposal, ing to certain criteria set forth in ad- made the recommendation to the Post- railroad safety organizations contacted vance to have a recommendation con- al Service what commemoratives will my office to represent their disagree- sidered. be issued. They have not issued any ment with the ‘‘look, listen, and live The stamp advisory committee, how- semipostals nor were any issued by this stamp’’ primarily because of the em- ever, does not issue semipostals. One of country until the breast cancer re- phasis that one organization, Oper- the questions we need to face as a Con- search stamp was approved. ation Lifesaver, puts on education and gress is whether or not, given the fact Now in this bill we have another good education only. we now are beginning to authorize cause, money which would go to pro- The president of a group called the semipostage such as the breast cancer grams aimed at reducing domestic vio- Coalition for Safer Crossings wrote me research, semipostal, it would not be lence. There is no doubt about the va- the following letter: lidity of the cause. The problem is that better for us to authorize the advisory Dear Senator LEVIN: I personally find Oper- committee of the Postal Service to be we have no criteria, that we do this ad ation Lifesaver spin on education appalling. performing this important function. hoc, helter-skelter. Three and a half years ago, I lost a very dear The problem is that since the breast We have already authorized one and close friend of mine at an unprotected cancer research stamp has been author- stamp, which I will get to in a moment, crossing in southwestern Illinois. Eric was ized, we have had dozens of requests for that relates to grade crossing safety. nineteen. I fought to close the crossing a semipostal stamp. This is a list of This is on the calendar, approved by where Eric was killed and since helped many the Governmental Affairs Committee, families after the loss of a loved one through some of the bills that have been intro- my organization, the Coalition for Safer duced. These are just the bills that not yet approved by the Senate. This is going to unleash a politicization proc- Crossings. And now today, we are moving have been introduced for semipostal: forward with other smaller organizations to AIDS research and education; diabetes ess of the issuance of stamps which I do form a national organization to combat cer- research; Alzheimer’s disease research; not believe will benefit this Nation. tain types of education being put out by prostate cancer research; emergency I think it will be incredibly difficult other groups and to help victims’ families food relief in the United States; organ for the Postal Service, which does not and help change the trend of escalating colli- and tissue donation awareness; World want us to require the issuance of sions. The National Railroad Safety Coali- tion is comprised of families and friends of War II memorial; the American Battle semipostals. They are still sorting through the breast cancer research victims of railroad car collisions, unlike Op- Monuments Commission; domestic vio- stamp costs. We should reauthorize the eration Lifesaver. lence programs; vanishing wildlife pro- breast cancer research stamp because Again, Operation Lifesaver is the tection programs; highway-rail grade we have already authorized the stamp group that is going to receive the net crossing safety; domestic violence pro- and it has been printed, and unless we dollars that will be raised by the grams—a second bill; another bill on reauthorize it, then this program will issuance of this ‘‘look, listen, and live organ and tissue donation awareness; run out. This is a very different issue stamp.’’ childhood literacy. from voting for an additional issue, and Then the head of this competing There are not too many of us, I be- the next, and the next. group says: lieve, who are about to vote against a I will spend a couple of minutes this I personally and professionally oppose this stamp that could raise—could raise, I afternoon talking about what happened emphasize—some funds because the measure. If the United States Congress is with another semipostal stamp which truly concerned about this issue of railroad cost of these issues are supposed to be was proposed in a bill and was approved crossing safety and is dead set on making deducted from the receipts, but I do by the committee. I did not vote for it stamps, then you should make a railroad not believe there are too many of us in the Governmental Affairs Com- safety stamp not a Operation Lifesaver who are in a position where we would mittee, not because I oppose its cause, stamp. And rather than have the money go to their type of education, have it go to- want to vote against a stamp or any- but, again, for what this is going to un- thing else that could assist AIDS re- wards the States funds for grade crossing up- leash upon us in terms of politics— grades in that State. A matching dollar search, diabetes research, Alzheimer’s issuance of stamps and using the disease, prostate cancer research, or scheme comes to mind from the State. issuance of stamps to raise money for He concludes: organ and tissue donation. Many of us causes which will then be vying against have devoted a great deal of our lives each other. I do not think that is in I am currently 23 years old. When I was in to those and other causes such as the high school, I received the same driver safety anybody’s interest. training regarding grade crossings safety as World War II memorial and the Na- The one example on which I want to tional Battle Monuments Commission. my best friend Eric did. Eric is now gone. focus for a few moments is a proposal The funds from this proposed stamp would When the breast cancer research which has already been approved by not have helped him. Now if this stamp stamp was approved, I voted against it. the Governmental Affairs Committee, would have been around prior to 1996 and I was one of the few who did. That cre- and that is what is called the Look, funds were allocated to the State of Illinois ated for me, and for others who voted Listen, and Live Stamp Act. That bill for hardware and a set of automatic lights no, the prospect that somebody would requires the Postal Service to issue a and gates were installed at this crossing in then say I opposed funds for breast can- semipostal stamp for an organization question I wouldn’t be writing you this let- cer research, which obviously I do not. called Operation Lifesaver. ter today. I hope you understand the dif- ference. In a split second, I would have voted to Operation Lifesaver is a nonprofit or- increase the appropriation for breast ganization which is dedicated to high- Mr. President, at the time that this cancer research by the amount of way and rail safety through education. stamp was approved in the Govern- money which might have been raised Operation Lifesaver seems to be a fine mental Affairs Committee, I submitted by this stamp so we could give to NIH organization, but it is not the only or- minority views on this issue. In part, an amount of money at least equal to ganization which is committed to pre- this is what I wrote just about a year what might be raised by such a stamp. venting railroad casualties. As a mat- ago this month: Obviously, I am not opposed to addi- ter of fact, railway safety advocates For over 40 years, the U.S. Postal Service tional funds. Indeed, the opposite is are split on the issue of grade crossing has relied on the Citizens’ Stamp Advisory true. safety and the best method to prevent Committee to review and select stamp sub- What does trouble me, however, is rail-related injuries. Operation Life- jects that are interesting and educational. that we are now beginning a course The committee chooses the subjects of U.S. saver, for example, emphasizes safety stamps using as its criteria, 12 major guide- which will politicize the issuance of through education, while other railway lines, established about the time of the Post- stamps again in this country. We had safety advocates promote safety by al Reorganization Act. [They] have guided taken politics out of it by the creation funding automatic lights and gates at the committee in its decisionmaking func- of an advisory committee. For 40 years railway crossings. tion for decades.

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.000 S26JY0 July 26, 2000 CONGRESSIONAL RECORD—SENATE 16303 The tenth criteria guiding [their] selection all monetary or other resources used in gressional legislative action on the makes reference to semi-postal stamps, the developing and selling the breast can- budget surplus. This is what the OMB type of stamp that the Postal Service would cer research stamp. They kept track of Director wrote: be required to issue if the Look, Listen, and some costs but were not able to deter- Live Stamp Act were enacted. With respect This memo is in response to your request to semi-postals, the guidelines state, mine the full costs of developing and that OMB assess the effect of legislative ac- ‘‘Stamps or postal stationery items with selling the stamp. Postal officials obvi- tion on the budget surplus. Over the past six added values, referred to as ‘semi-postals,’ ously should keep track of both reve- months, Congress has passed nine major tax shall not be issued. Due to the vast majority nues and their full costs so that the ap- cuts resulting in a cost of $712 billion over of worthy fund-raising organizations in ex- ten years. Draining this sum from the United propriate net can be determined for de- States Treasury reduces the amount of debt istence, it would be difficult to single out livery to that particular cause. specific ones to receive such revenue. There reduction we can accomplish, thereby in- The McHugh bill is before this body. creasing debt service costs by $201 billion is also a strong U.S. tradition of private The McHugh bill, in addition to au- fund-raising for charities, and the adminis- over ten years. Therefore, the Congressional trative costs involved in accounting for sales thorizing the issuance of semipostals tax cuts passed to date will draw a total of would tend to negate the revenues derived.’’ by the stamp advisory committee, also $913 billion from the projected surplus. In addition, the Congressional majority This position was also reflected in a . . . let- reauthorizes the breast cancer research has stated clearly that its tax cuts to date ter from Postmaster General William Hen- stamp. It does both things. I hope this represent only a ‘‘down payment’’ in a long derson. body will take up this bill and adopt series of tax cuts it intends to realize. While He has also cautioned and urged our this kind of procedure in order to at- there has been little specificity about the committee not to mandate the tempt to take this issue out of politics size and nature of the entire program, the issuance of specific semipostals. and not put us in a position where we full range of action taken by the 106th Con- So I do not believe that we can and have to vote between a stamp raising gress, both last year and this, provides an in- should be in the business of deciding to money for AIDS research or diabetes dication of the total impact of the Congres- promote one worthy charity over an- research or Alzheimer’s research or sional tax cut proposals on the surplus. other, one specific organization over prostate cancer research, organ and In the first session of the 106th Congress, the majority passed one large measure, another. This stamp, the one that is tissue donation research, the World which included a variety of tax cuts totaling now on the calendar—not the one in War II Memorial, domestic violence, $792 billion. Excluding certain individual tax this bill; the one on the calendar—for and on and on. cuts which passed this year as well as last safety at railway crossings is, it seems I doubt very much that we would year (such as elimination of the estate tax to me, an example of a stamp that may want to vote no to any of those. Yet we and the marriage penalty), the cost of tax not be workable, and yet the full Gov- cannot possibly have all of them at cuts passed last year amounts to $737 billion, ernmental Affairs Committee has re- once. The Postal Service cannot pos- and the additional debt service amounts to ported this bill out. sibly handle the accounting, the deliv- $148 billion for a total of $885 billion. Then what are we to do? We are ery, the sale of all those stamps. They Jacob Lew goes on as follows: going to be presented with a number of have urged us very strongly not to be The bill-by-bill approach to tax cuts in the proposals relative to semipostals. authorizing and mandating the absence of an overall framework masks the Many of our colleagues have intro- issuance of those stamps. full impact and risks of the cumulative cost. duced bills. The bill before us has such So I hope that when the bill comes I will repeat that because that is the a provision. I believe the answer comes before us, which I hope will be any heart of the matter. from Representative MCHUGH and Rep- time, we will reauthorize the breast The bill-by-bill approach to tax cuts in the resentative FATTAH, who are the chair- cancer research stamp. Again, even absence of an overall framework masks the man and the ranking member of the though I voted against it, for the rea- full impact and the risks of the cumulative House Government Reform Sub- sons I have given here this afternoon, cost. In the absence of more specific indica- nonetheless I think, given the fact that tions about the content and number of fu- committee on the Postal Service. They ture tax cuts the congressional majority has put their views in a bill, H.R. 4437, the stamps have been printed and that stated it plans to produce, we have used the which passed the House of Representa- effort is already underway, and the total costs associated with tax cuts from the tives on July 17. huge number of people who have al- 106th Congress as an illustration of Repub- It gives the Postal Service the au- ready been involved in promoting the lican plans. If their plans remain consistent thority to issue semipostals. It re- sale, and the women and men from with the past activity, the full cost of this quires the Postal Service to establish around this country who have gone out program would be: regulations, before issuing any stamp, of their way to use that stamp are in —tax cuts of $1.44 trillion —additional debt service of $349 billion relating to, first, which office within place—they have been operating; they —for a total of $1.796 trillion. the Postal Service shall be responsible have been very successful, very produc- The effect of such tax cuts would be to for making decisions with respect to tive with millions of dollars that will completely eliminate the projected non-So- semipostals; two, what criteria and be raised, the pluses of continuing to cial Security/Medicare budget surplus at the procedures shall be applied in making reauthorize that stamp, once it has end of ten years. Even by the more opti- those decisions; and, three, what limi- been issued, and once that effort is un- mistic projections the entire surplus would tations shall apply, such as whether derway, outweigh the negatives, which be drained. The most recent CBO projections more than one semipostal will be of- I have outlined this afternoon. issued earlier this week estimate a ten-year At the same time, I hope that the non-Social Security/Medicare surplus of $1.8 fered at any one time. trillion. OMB’s recent projections estimate a The McHugh bill also requires the rest of the McHugh bill will be adopted ten-year non-Social Security/Medicare sur- Postal Service to establish how the by us so that we can put into place cri- plus of $1.5 trillion. In either case, because costs incurred by the Postal Service as teria which will make it a lot easier for the costs of the tax cuts match or exceed the a result of any semipostal are to be us to have a sensible system for the projected budget surplus, there would be no computed, recovered, and kept to a issuance of semipostals. funds available for any of the nation’s other minimum. One thing we learned from Mr. President, on a matter that re- pressing needs, including our proposals to es- the breast cancer semipostal is that lates directly to this bill, because it is tablish a new voluntary Medicare prescrip- the Postal Service did not establish an a Treasury bill, I want to just spend a tion drug benefit, pay an additional $150 bil- lion in debt reduction to pay down the debt accurate accounting system for track- few minutes talking about the issue of by 2012, expand health coverage to more fam- ing the cost of semipostals. the budget surplus, and the response of ilies, provide targeted tax cuts that help According to a recently released GAO the Congress to that budget surplus. I America’s working families with the cost of report, ‘‘Breast Cancer Research want to use, as my text, and then college education, long-term care, child care Stamp, Millions Raised for Research, intersperse some comments into it, a and other needs, or extend the life of Social But Better Cost Recovery Criteria memorandum that the Director of the Security and Medicare. Needed’’—that is the title of the re- Office of Management and Budget, Those are the options we are going to port—the Postal Service did not track Jacob Lew, wrote on the effect of con- be faced with in the next few months,

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.000 S26JY0 16304 CONGRESSIONAL RECORD—SENATE July 26, 2000 whether or not we want to take this The bill which has been adopted has family farm. Our alternative provides projected surplus of either $1.5 trillion a major problem in that it favors upper total relief to those families and imme- or $1.8 trillion—we are only talking income individuals, the wealthiest diate relief to those families, unlike about the non-Social Security, non- among us, and most of its benefits go the one that was passed by the Repub- Medicare surplus—whether we want to to those people rather than the people lican majority which gives most of its take that surplus, which the CBO esti- who need this the most, which are indi- cuts to the people who need it the mates is $1.8 trillion and the OMB esti- viduals and married couples who have least, people who are in the higher mates is $1.5 trillion, and use that al- estates that might be, in the case of a brackets, higher asset levels, and most exclusively or exclusively for the family farm or small business, $8 mil- phases it in and then only does it par- tax cuts which have been proposed, or lion or less. But there is a bigger prob- tially. whether we want to use a significant lem, whether we are talking about re- We should, and we do, debate those part of that surplus to pay down the peal of the estate tax or the marriage issues: Which alternative plans on the national debt faster, to establish a new penalty tax. And there—regarding the estate tax or on the marriage penalty voluntary prescription drug benefit, to marriage penalty, we have an alter- tax provide the fairest kind of tax re- expand health coverage, to expand op- native as well which would benefit a lief to the people who need it the most. portunity for college education, and to larger number of low and moderate in- But the underlying issue, which is one extend the life of Social Security and come people with a greater benefit in- I hope we will keep in mind, is whether Medicare. stead of a group of people who are at or not we want to commit this pro- I want to put in the RECORD in a mo- the upper end of the income level. The jected surplus of almost $2 trillion in 10 ment the list of the pending tax cuts in major problem I have with these tax years to any of these proposals to the the 106th Congress which Jack Lew bills is that when you put them all to- extent that we have. Be it tax cuts or makes reference to, the $934 billion, ap- gether, what it means is that we would be it efforts to improve education or proximately, in the 10-year cost. These not be able to apply this surplus to re- health care or what have you, it is my are bills which have been passed by one duction of the national debt. hope and belief that the greatest con- body or another or one committee or I am out there, as all of us are, in our tribution we can make to our children another in one body: Marriage Penalty home States. I talk to people and ask and to their children is to protect this Conference Committee, $293 billion; So- people in all the meetings I have: What economy, to try to keep an economy, cial Security tier 2 repeal, $117 billion; do you primarily want us to spend the which is now doing so well, healthy in estate tax in the House $105 billion; the surplus on? Do you want tax cuts—put- future years, as it has been in the past Patients’ Bill of Rights in the House, ting aside for the moment whether few years. That means we need to pro- $69 billion; the communications excise they benefit upper income folks or ben- tect that surplus, not spend it; not use tax, $55 billion; the Taxpayers Bill of efit working families, put aside that it for tax cuts on the assumption that Rights, $7 billion; then the subtraction issue for the moment; that is a major there is going to be $1.8 trillion or $1.5 for provisions in multiple bills and so issue—do you basically want us to take trillion over the next 10 years, because forth. Then you have to add the inter- this $1.8 trillion and pay down the na- there is too much uncertainty in that, est costs of these tax cuts. That comes tional debt? Or do you want that to go because our people sense—and cor- out to be about $900 billion. in tax cuts? rectly—that we do not know for cer- I ask unanimous consent to print Overwhelmingly, repeatedly, I hear tain that that budget surplus will in this list in the RECORD. back from people, they want us to pay fact be there. There being no objection, the list was down the national debt. Whether we There has been recent public opinion ordered to be printed in the RECORD, as are talking about younger people, mid- polling which seems to me illu- follows: dle-age people, older people, they all minating on this subject. When people come to the same conclusion: No. 1, we are asked whether or not they want to PENDING TAX CUTS IN THE 106TH CONGRESS can’t be sure the surplus will be that protect Social Security and Medicare [10-year cost, in billions of dollars] large so don’t spend it all on anything, and pay down the debt, or whether or be it tax cuts or other programs. Spend not they think passing a tax cut is the Tax Legislation (Body Passed): Marriage Penalty (Conf. Cmte.) ...... 293 most of it on protecting the future better way to go, 75 percent believe Minimum Wage (House) ...... 123 economy of the United States. Spend protecting Social Security and paying Social Security Tier II Repeal (W&M Cmte.) ...... 117 most of it on that $6 trillion debt that down the debt is the most important Estate Tax (House) ...... 105 Patient’s Bill of Rights (House) ...... 69 has been rung up—to reduce the priority we have right now. Only 23 Communications Excise Tax (Finance Cmte.) ...... 55 amount of that debt, to try to assure percent favor passing tax cuts as an al- Pension Expansions (House) ...... 52 that the economy, which we now have ternative. When asked the question of Education Savings (Senate) ...... 21 humming, will stay humming; that an whether or not the trillion-dollar tax Taxpayer Bill of Rights 2000 (House) ...... 7 Trade Act (Enacted) ...... 4 economy which we finally have at a cut package that was passed last year, Subtraction for Provisions in Multiple Bills (Estimate) ...... 99 point where we don’t add to the na- without a penny for Medicare, and Interest Cost of Tax Cuts (Estimate) ...... 187 tional debt with annual deficits each whether or not the tax cuts that are Total, Pending Tax Legislation ...... 934 year, that is healthy in terms of inter- being added this year to the same est rates and job creation and in low amount, still without a penny for Plus New Markets/Renewal Communities ...... 20 inflation, that that economy will be Medicare, is the better way to go, 63 there for us next year, next decade, percent say no, 32 percent say yes. Mr. LEVIN. Mr. President, there are next generation. So the public senses that with the problems with each of the major tax I believe that is what the American surplus we have, the proportion we bills. I may spend a moment on each of people overwhelmingly want us to do. project, the best thing we can do to those problems. On the estate tax bill, We can argue, and we should, and we protect our economy and the best thing it has problems. There is an alternative can debate, and we should, which es- we can do with that projected surplus which is a better alternative, which tate tax proposal is a better estate tax is in fact to pay down the debt, protect would help more people. For those rel- proposal. That is a legitimate debate. Medicare, and to target our efforts on atively few people who do pay an estate We obviously have an alternative to some of the needs we have as a coun- tax, the alternative Democratic plan the one that was adopted which is tar- try, rather than to provide for the kind would provide immediate relief—100 geted to the people who need it the of tax cuts that we have seen the Re- percent relief to people who have less most, people who have farms and small publicans enact. than $8 million per couple for family businesses and estates worth up to $8 What I have said about the estate tax farms and small businesses; total and million, people who are still paying an is also true relative to the marriage immediate relief for those people in the estate tax even though it might mean penalty bill. We have two alter- alternative plan. in some cases that they could lose that natives—the one that passed, but we

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.000 S26JY0 July 26, 2000 CONGRESSIONAL RECORD—SENATE 16305 also have an alternative that did not expensive plan. We haven’t seen that I am talking about priorities—what pass, which provides targeted, com- yet in legislative form, and I am not we get done on this floor, and what prehensive relief and is fiscally more sure we will. Nonetheless, the Amer- gets ignored. responsible because it leaves more for ican people are again going to be pre- As I said, it is essential that we pass debt reduction and, therefore, overall sented with very different approaches these appropriations bills—they are the is a better value for the American tax- as to how we should use the surplus. core of the people’s business, because payer. The alternative completely Some people say, ‘‘Senator, that is they keep the government up and run- eliminates the penalty in all of its our money you are talking about; what ning. forms, not just in a few, as the mar- is wrong with the tax cut?’’ My answer But beyond bills like Treasury-Post- riage tax penalty legislation we passed is that it is our money, your money. It al, what are we choosing to do? does. The Democratic alternative is also our economy. It is also our So- Recently, we chose to consider a re- eliminates it for couples earning up to cial Security program. It is also our peal of the estate tax. As I said during $100,000, which is 80 percent of all mar- Medicare program. It is also our edu- that debate, the estate tax affects only ried couples, and it costs $29 billion per cation program. It is our health care the wealthiest property-holders. In year when fully phased in. program. 1997, only 42,901 estates paid the tax. The plan that was adopted, the Re- So the argument that this money be- That’s the wealthiest 1.9 percent. Peo- publican plan, confers 40 percent of its longs to the people of the United ple are already exempt from the tax in benefits on taxpayers who currently States is clearly true. I think it is un- 98 out of 100 cases. Let me repeat that: suffer a penalty. In other words, only 40 deniable. I can’t imagine anybody sug- Already, under current law, 98 out of percent of the benefits of the Repub- gesting that anything in the Treasury 100 do not pay any estate tax. lican plan go to taxpayers who cur- is anything but the property of the The Republican estate tax repeal rently actually suffer a penalty. The people of the United States. But the would give the wealthiest 2,400 es- rest of the people who get a benefit in other half of that, which is too often tates—the ones that pay now half the the Republican plan either don’t suffer left out, is that the economy, which is estate tax—an average tax cut of $3.4 a penalty—indeed they received a now healthy, belongs to the people of million each. And remember, 98 out of bonus when they got married—or are the United States. They have made it 100 people would get zero, nothing, left untouched one way or another. possible, through their work, for us to from this estate tax cut. And the Republican plan addresses have a strong economy. Keeping that Now, this doesn’t sound like some- only 3 of the 65 instances of the penalty economy healthy is also the job of this thing most Americans are clamoring in the Tax Code, whereas the Demo- Congress, as well as the job of the peo- for. cratic alternative plan addresses every ple of the United States. It is of no use to most Americans, in place in the Tax Code where the mar- The Social Security system, which fact. But it is of use to a very small— riage penalty exists. And the Repub- has made such a difference for so many but wealthy—group of people. lican plan costs $40 billion when fully that the poverty rate among seniors is Those who are wealthy enough to be phased in as compared to $29 billion per now 5 percent, compared to the poverty subject to estate taxes have great po- year for the alternative Democratic rate among children, which is 20 per- litical power. plan. cent, mainly because of the existence They can make unlimited political So, again, it seems to me it is a pret- of Social Security—that program be- contributions, and they are represented ty clear choice that we have: Do we longs to the people of the United in Washington by influential lobbyists want a plan that is targeted to people States. Protecting that program is also that have pushed hard to get the estate who earn under $100,000, that confers our responsibility. So to say that, yes, tax bill to the floor. benefits on people who are truly penal- the surplus belongs to the people is The estate tax is one of those issues ized when they are married, in terms of true. But the Medicare program, Social where political money seems to have the taxes they pay, and a plan that Security program, health care pro- an impact on the legislative outcome. does so at a cost significantly less than gram, education program also belong That’s why I recently Called the Bank- in the Republican plan that was adopt- to the people of the United States. roll on some of the interests behind ed? Or do we want to adopt the more I yield the floor. that bill, to give my colleagues and the costly plan, most of the benefits of The PRESIDING OFFICER. The Sen- public a sense of the huge amount of which go to people who are in the ator from Wisconsin. money at stake—not taxes, but polit- upper income brackets, and then do not Mr. FEINGOLD. Mr. President, I ical contributions. address totally the problem that exists come to the floor today to discuss mov- We considered that bill not because it for those people who do suffer a tax ing to the Treasury-Postal appropria- affected the vast majority of Ameri- penalty upon marriage? tions bill. I agree with the Majority cans, but because it directly affected The same thing is true with the over- Leader and others who have come to the pocketbooks of a wealthy few. all tax cut that has been proposed. We the floor this year to insist that we do A similar point can be made about have basically two alternatives that the people’s business, and that the peo- another piece of legislation, the H–1B have been set forth to the American ple’s business means completing all of bill. people, not yet put in the legislative the appropriations bills. There are sev- We haven’t considered it yet, but we form, but which have been proposed by eral very important amendments that may well yet, and so far a terrific ef- Governor Bush and Vice President will be proposed to this legislation, and fort has been made by both sides to see GORE. According to the Citizens For we must give them the time and con- it taken up. Tax Justice, the distribution of bene- sideration they deserve. I may well Why? Why, when we have more ap- fits of the Bush plan basically provides vote against the Treasury-Postal ap- propriations bills to consider, when we that 10 percent of the taxpayers get 60 propriations bill in the end, but I rec- have the real people’s business to do, percent—the upper 10 percent, the top ognize the importance of taking it up, are we pushing so hard to take up H– 10 percent of taxpayers, get 60 percent considering it, and getting it done. 1B? of the benefits; the bottom 60 percent We have got to take care of the un- Because the high-tech industry wants of the taxpayers get 12 percent of the finished business. this bill to get done. benefits. That is the tax plan that has We have more appropriations bills to In the case of H–1B, I’m not address- been proposed by Governor Bush. consider, and we have other business as ing the merits of the legislation— I am It would reduce revenues by $460 bil- well, as my colleagues are well aware. not necessarily opposed to raising the lion over the first 5 fiscal years, and by I find it interesting to look at some level of H–1B visas. Instead I want to $1.3 trillion over 9 fiscal years, plus an of the other measures we have consid- point out what is on our agenda and additional $265 billion in associated in- ered, and still might consider, this why? Why is it that we have this set of terest costs. That is an extraordinarily year. legislation as part of our agenda?

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.000 S26JY0 16306 CONGRESSIONAL RECORD—SENATE July 26, 2000 The high tech industry wants to get Needless to say, that is the kind of nent who spent twice as much as I did, this bill passed, and they have the po- access most Americans can’t even I was mostly concerned with the dif- litical contributions to back it up. dream of. ficulties that people who are not American Business for Legal Immi- And I have to wonder why we aren’t wealthy have in running for office. My gration, a coalition which formed to doing anything about that. interest in campaign finance reform fight for an increase in H–1B visas, of- I am all for the doing people’s busi- derived from that experience. Soft fers a glimpse of the financial might ness, and right now the people’s busi- money has exploded since I arrived behind proponents of H–1Bs. ABLI is ness should be the Treasury-Postal Ap- here, with far reaching consequences chock full of big political donors, and propriations bill, and that’s why I sup- for our elections and the functioning of not just from one industry, but from port the motion to proceed, even the Congress. Now I truly believe that several different industries that have though I may well vote against the un- if we can do nothing else on campaign an interest in bringing more high-tech derlying bill in the end. finance reform, we must stop this can- workers into the U.S. But I don’t think that an issue like cerous growth of soft money before it Price Waterhouse Coopers, pharma- the repeal of the estate tax is the peo- consumes us. ceutical company Eli Lilly, tele- ple’s business—not 98 out of every hun- I will take a few minutes to describe communications giant and former dred people, anyway. to my colleagues the growth of soft Baby Bell BellSouth, and software We need to get at the heart of what money in recent years. It is a fright- company Oracle, to name just a few. is wrong here. ening story. Soft money first arrived All have given hundreds of thousands Our priorities are warped by the on the scene of our national elections of dollars in this election cycle alone, undue influence of money in this cham- in the 1980 elections, after a 1978 FEC and they want us to pass H–1B. ber. ruling opened the door for parties to We all know this. We have got to change our priorities, accept contributions from corporations This is standard procedure these days and do it now, by putting campaign fi- and unions, who are barred from con- for wealthy interests —you have got to nance reform back on the agenda. tributing to federal elections. The best pay to play on the field of politics. Because the best way to loosen the available estimate is that the parties You’ve got to pony up for quarter-mil- grip of wealthy interests is to close the raised under $20 million in soft money lion dollar soft money contributions loophole that swallowed the law: soft in that cycle. By the 1992 election, the and half-million dollar issue ad cam- money. year I was elected to this body, soft paigns, and anyone who can’t afford Soft money has exploded over the money fundraising by the two major the price of admission is going to be past few years. parties had risen to $86 million. left out in the cold. Soft money is the culprit that Eighty-six million dollars is clearly a I Call the Bankroll to point out what brought us the scandals of 1996—the lot of money; it was nearly as much as goes on behind the scenes on various selling of access and influence in the the $110 million that the two presi- bills—the millions in PAC and soft White House and to the Congress. The dential candidates were given in 1992 in money that wealthy donors give, and auction of the Lincoln Bedroom, of Air public financing from the U.S. Treas- what they expect to get in return. Force One. The White House coffees. ury. And there was real concern about how that money was spent. Despite the And yet we don’t do anything about All of this came from soft money be- FEC’s decision that soft money could it. cause without soft money, the parties be used for activities such as get out We took a small but important step would not have to come up with ever the vote and voter registration cam- toward better disclosure of the activity more enticing offers to get the big con- paigns without violating the federal of wealthy donors earlier this summer tributors to open their checkbooks. election law’s prohibition on corporate when we passed the 527 disclosure bill. Soft money also brings us, time and and union contributions in connection But there is a great deal more to do. time again, questions about the integ- We are going to keep pushing until with federal elections, the parties sent rity and the impartiality of the legisla- we address the other gaping loopholes much of their soft money to be spent in tive process. Everything we do is under in the campaign finance law. states where the Presidential election scrutiny and subject to question be- Right now, wealthy interests have between George Bush and Bill Clinton the power to help set the political cause major industries and labor orga- was close, or where there were key con- agenda. nizations are giving our political par- tested Senate races. Wealthy interests spend unlimited ties such large amounts of money. Still, even then, even with that tre- amounts of money to push for bills Whether it is telecommunications leg- mendous increase in the use of soft which serve the interests of the islation, the bankruptcy bill, defense money, soft money was far from the wealthy few at the expense of most spending, or health care, someone out central issue in our debate over cam- Americans. there is telling the public, often with paign finance reform in 1993 and 1994. We have got to question why consider justification in my view, that the Con- In 1995, when Senator MCCAIN and I some bills on this floor while we ignore gress cannot be trusted to do what is first introduced the McCain-Feingold so many crucial issues the American best for the public interest because the bill, our bill included a ban on soft people care about—like increasing the major affected industries are giving us money, but it was not particularly con- minimum wage and supporting work- money. troversial and no one paid that much ing families. For more than a year now, I have attention to it at that time. But instead we are left with an agen- highlighted the influence of money on Then came the 1996 election, and the da that looks like wealthy America’s the legislative process through the enormous explosion of soft money, ‘‘to do’’ list. Calling of the Bankroll. And the really fueled by the parties’ decision to use How does it happen, Mr. President?— big money, that many believe has a the money on phony issue ads sup- It’s all about access, and access is all really big influence here, is soft porting their presidential candidates. about money. money. We have to clean our campaign Remember those ads that everyone Both parties openly promise, and finance house and the best place to thought were Clinton and Dole ads but even advertise, that big donors get big start is by getting rid of soft money. were actually run by the parties? That access to party leaders. Let’s play by the rules again in this was the public debut of soft money on Weekend retreats and other ‘‘special country. With soft money there are no the national scene. The total soft events’’ where wealthy individuals rules, no limits. But we can restore money fundraising skyrocketed as a re- have the chance to talk about what some sanity to our campaign finance sult. Three times as much soft money they want done—whether that might system. When I came to the Senate, I was raised in 1996 as in 1992. Let me say be a repeal of the estate tax, or that will confess, I didn’t even really know that again—soft money tripled in one their company wants to see the H–1B what soft money was. After a tough election cycle. The reason was the in- bill passed this year. race against a very well financed oppo- satiable desire of the parties for money

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.000 S26JY0 July 26, 2000 CONGRESSIONAL RECORD—SENATE 16307 to run phony issue ads, and that desire tion for the most important office in the fect of this explosion of soft money, has only increased since 1996. Both po- world’s oldest democracy. The lie will result other than the millions of dollars litical parties are raising unprece- in some $100 million or more in huge cor- available for ads supporting presi- dented amounts of soft money for ad rupting contributions being illegally used by dential candidates who had agreed to Gore and Bush in the 2000 presidential elec- campaigns that are already underway tion. (Many millions more will be illegally run their campaigns on equal and lim- this year. Soft money is financing our used in the 2000 congressional races.) ited grants from the federal taxpayers? presidential campaigns, and this Con- The lie makes a mockery of the common- Soft money is raised primarily from gress stands by doing nothing about it. sense intelligence of voters and the honesty corporate interests who have a legisla- Fred Wertheimer, a long time advo- of the presidential race. And, to date, no one tive axe to grind. And so the explosion cate of campaign finance reform said it in authority is prepared to do anything of soft money brought an explosion of well in an op-ed in the Washington about it. influence and access in this Congress How did it happen that this lie came to Post on Monday: He wrote, and in the Administration. rest at the core of our national elections? Here are some of the companies in Vice President Al Gore and Gov. George W. Well, in good part we have Presidential Clin- Bush and their presidential campaigns are ton to thank. It was Clinton who, more than this exclusive group. We know they living a lie. The lie is this: that the TV ads anyone else, developed and ‘‘perfected’’ the have a big interest in what the Con- now being run in presidential battleground lie, and the legal fiction on which it is based. gress does—Philip Morris, Joseph Sea- states across America are political party Soft money had been a problem prior to gram & Sons, RJR Nabisco, Walt Dis- ‘‘issue ads.’’ In fact, everyone—and I mean 1995, but no presidential candidate had ever ney, Atlantic Richfield, AT&T, Federal everyone—knows that these ads are presi- tried to use soft money to finance a TV ad Express, MCI, the Association of Trial dential campaign ads being run for the un- campaign promoting his candidacy. That’s Lawyers, the NEA, Lazard Freres & equivocal purpose of directly influencing the not because politicians weren’t clever Co., Anheuser Busch, Eli Lilly, Time presidential election. enough to think of this, but because every- Warner, Chevron Corp., Archer Daniel’s Wertheimer goes on to say: one understood it was illegal. Then President Clinton and his staff in- Midland, NYNEX, Textron Inc., North- The ‘‘issue ad’’ campaigns now underway vented a scam for the 1996 election: They west Airlines. It’s a who’s who of cor- blatantly promote and feature Gore and would use the Democratic Party as a front porate America, Mr. President. They Bush, are designed and controlled by the for running a ‘‘second’’ presidential cam- are investors in the United States Con- Gore and Bush presidential campaigns and paign. This $50 million second campaign are targeted to run in key battleground gress and no one can convince the would use soft money—funds that the law American people that these companies states. The political parties are merely con- does not allow in a presidential campaign— duits for the scheme and cover for the lie. get no return on their investment. to finance Clinton campaign ads that would They have a say, much too big a say, He continues: be labeled Democratic Party ‘‘issue ads.’’ It didn’t take long for the Republican pres- in what we do. It’s that simple, and it’s What’s the significance of all of this? Well, that disturbing. That’s why our prior- for starters we are living this lie in the elec- idential candidate, Bob Dole, to follow suit. tion for the most important office in the Today, four years later, the ‘‘issue ads’’ lie is ities are so out of whack, Mr. Presi- world’s oldest democracy. The lie will result standard political practice in presidential dent. We should be going to the Treas- in some $100 million or more in huge cor- and congressional races. ury-Postal appropriations bill, and rupting contributions being illegally used by The lie is built on the legal fiction that that’s why I support the motion to pro- Gore and Bush in the 2000 presidential elec- under Supreme Court rulings, political party ceed, despite the fact that I may vote ads are not covered by federal campaign fi- tion. (Many millions more will be illegally against it when all is said and done. I used in the 2000 congressional races.) nance laws unless they contain such magic words as ‘‘vote for’’ or ‘‘vote against’’ a spe- recognize we have to focus on what Mr. President, I ask unanimous con- cific federal candidate. That’s supposed to be people want, not what wealthy inter- sent that the full text of Mr. true even if the party ads promote a specific ests want. Wertheimer’s article, ‘‘Gore, Bush, and federal candidate and even if the ads are co- As I said when I first began Calling the Big Lie’’ be printed in the RECORD. ordinated with or controlled by the can- the Bankroll last year, we know, if we There being no objection, the mate- didate. are honest with ourselves, that cam- rial was ordered to be printed in the But the reality is that neither the Su- paign contributions are involved in vir- preme Court nor any other federal court has tually everything that this body does. RECORD, as follows: ever said anything of the kind regarding po- [From the Washington Post, July 24, 2000] litical party ads. When the Supreme Court Campaign money is the 800-pound go- GORE, BUSH, AND THE BIG LIE established the ‘‘magic words’’ test in Buck- rilla in this chamber every day that nobody talks about, but that cannot be (By Fred Wertheimer) ley v. Valeo, it made explicit that it was for outside groups and non-candidates only and ignored. All around us, and all across Vice President Al Gore and Gov. George W. did not apply to communications by can- the country, people notice the gorilla. Bush and their presidential campaigns are didates or political parties. And in any case, living a lie. The lie is this: that the TV ads Studies come out on a weekly basis the ‘‘magic words’’ test is not applicable now being run in presidential battleground from a variety of research organiza- when an ad campaign is conducted in coordi- states across America are political party tions and groups that lobby for cam- nation with a federal candidate, as a Wash- ‘‘issue ads.’’ In fact, everyone—and I mean paign finance reform that show what ington federal district court confirmed last everyone—knows that these ads are presi- year. we all know: The agenda of the Con- dential campaign ads being run for the un- The Justice Department, in its failure to gress seems to be influenced by cam- equivocal purpose of directly influencing the pursue the 1996 Clinton soft-money ads, paign money. But in our debates here, presidential election. never found the ads to be legal. Instead, At- we are silent about that influence, and The presidential campaigns and political torney General Reno closed the case based how it corrodes our system of govern- parties know it, the media know it and so do on the Clinton campaign’s reliance on its the viewers of the ads, which are indistin- ment. lawyers’ advice, which she said was ‘‘suffi- I have chosen not to remain silent, guishable from other presidential campaign cient to negate any criminal intent on their ads being run. but I know there are those who wish part.’’ that I would stop putting the spotlight As such, the ‘‘issue ads’’ are illegal, be- The general counsel of the Federal Elec- cause, among other things, they are being fi- tion Commission did find that the 1996 soft- on facts that reflect poorly on our sys- nanced with tens of millions of dollars of money ads were illegal. The commission, tem, and in turn on the Senate, and on soft-money contributions that the law says however, by a 3 to 3 tie vote, refused to pro- both the major political parties. cannot be used to influence a federal elec- ceed with an enforcement action. Thus we I wish our campaign finance system tion. The ‘‘issue ad’’ campaigns now under- are left today with enforcement authorities wasn’t such an embarrassment. way blatantly promote and feature Gore and that refuse to act against these soft money I wish wealthy interests with busi- Bush, are designed and controlled by the ads and, at the same time, refuse to say they ness before this body didn’t have un- Gore and Bush presidential campaigns are are legal. And the lie goes on. targeted to run in key battleground states. limited ability to give money to our The political parties are merely conduits for Mr. FEINGOLD. Mr. President, the political parties through the soft the scheme and cover for the lie. big lie led to the transformation of our money loophole, but they do. What’s the significance of all of this? Well, two great political parties into soft I wish these big donors weren’t able for starters we are living this lie in the elec- money machines. And what was the ef- to buy special access to our political

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00025 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.000 S26JY0 16308 CONGRESSIONAL RECORD—SENATE July 26, 2000 leaders through meetings and weekend the wealthy, but real priorities like are who want to clean up this cam- retreats set up by the parties, but they campaign finance reform. paign finance system, because today can. Let’s put a stop to the soft money calls for reform are coming from an in- I wish fundraising skills and personal arms race that escalates every day, and credible range of people in this coun- wealth weren’t some of the most involves more and more Members of try, including some very unlikely sought-after qualities in a candidate Congress. places. for Congress today, but everyone I do not know how many of my col- One of the most interesting places knows that they are. leagues are actually picking up the you can find demands for reform is cor- Most of all I wish that these facts phones across the street in our party porate America, where one group of didn’t paint a picture of Government so committee headquarters to ask cor- corporate executives, tired of being corrupt and so awash in the influence porate CEOs for soft money contribu- shaken down for bigger and bigger con- of money that the American people, es- tions. But no one here can deny that tributions, has said enough is enough. pecially young people, have turned our parties are asking us to do this. It This organization, called the Com- away from their government in dis- is now part of the parties’ expectations mittee for Economic Development, gust, but every one of us knows that that a United States Senator will be a issued a report and proposal urging re- they have. big solicitor of soft money. form, including the elimination of soft It is our unwillingness to discuss it Consider the soft money raised in re- money. or even acknowledge the influence of cent off-year elections. In 1994, the par- One might guess that this group of this money in this body that makes it ties raised a total of $101.7 million. people, who are in the position to use even worse. Only about $18.5 million of that the soft money system to their advan- It goes on and on, and it just gets amount was raised by the congres- tage, would not dream of calling for re- worse. sional and senatorial campaign com- form. Last year was another record-breaker mittees. In 1998, the most recent elec- But the soft money system cuts both in the annals of soft money fund- tion, soft money fundraising more than ways—it not only allows for legalized raising—the national political party doubled to $224.4 million. And $107 mil- bribery of the political parties, it also committees raised a record $107.2 mil- lion of that total was raised by the allows legalized extortion of soft lion during the 1999 calendar year—81 congressional and senatorial campaign money donors, who are being asked to percent more than they raised during committees. That’s nearly half of the give more and more money every elec- the last comparable presidential elec- total soft money raised by the parties. tion cycle to fuel the parties’ bottom- Half the soft money that the parties tion period in 1995, according to Com- less appetite for soft money. raised in the last election went to the mon Cause. But it isn’t just weariness at being campaign committees for members of An 81 percent increase is astounding, shaken down that led CED members to Congress, as opposed to the national especially considering that the year call for reform of our broken campaign party committees. And I and many of it’s compared with—1995, the last off- finance system. Let me quote from the my colleagues know from painful expe- election year preceding a presidential CED report, which stated their concern rience that much of that money ended election—which was itself a record- so well: up being spent on phony issue ads in Given the size and source of most soft breaking year for soft money fund- Senate races. The corporate money raising. money contributions, the public cannot help that has been banned in federal elec- but believe that these donors enjoy special This year one of the most notable tions since 1907 is being raised by Sen- influence and receive special favors. The sus- fundraising trends hits very close to ators and spent to try to influence the picion of corruption diminishes public con- home, or to the dome, as the case may election of Senators. This has to stop. fidence in government. be: Congressional campaign commit- The growth of soft money has made a The bigger soft money contributions tees raised more than three times as mockery of our campaign finance laws. get—and the amounts are truly sky- much soft money during 1999 as they It has turned Senators into pan- rocketing—the more damaging the ef- raised during 1995—$62 million com- handlers for huge contributions from fect on the public’s perception of our pared to $19.4 million. corporate patrons. And it has multi- democracy. That is a huge increase, Mr. Presi- plied the number of corporate interests I applaud CED for its commitment to dent. who have a claim on the attention of restoring the public’s faith in govern- Three times as much soft money— members and the work of this institu- ment by calling for a soft money ban. much of it raised by members of Con- tion. And CED is just one part of a growing gress. I truly believe that we must do much movement to call on this body to clean Now the latest news reports show more than ban soft money to fix our up our campaign finance system. record-breaking soft money figures for campaign finance system. But if there One of the most inspiring leaders of the first quarter of this year as well. is one thing more than any other that the movement for reform is not any How should the public view this? must be done now it is to ban soft business leader, or political figure for What can we expect them to think as money. Otherwise the soft money loop- that matter. She is a great grand- Members of Congress ask for these un- hole will completely obliterate the mother from Dublin, New Hampshire limited contributions from corpora- Presidential public funding system, named Doris Haddock. Doris, known af- tions, unions and wealthy individuals, and lead to scandals that will make fectionately as Granny D, walked clear and then turn around and vote on legis- what we saw in 1996 seem quaint. Vir- across the United States at age 90 to lation that directly affects those do- tually no one in this body has stepped insist that Congress pay attention to nors that they just asked for all this up to defend soft money. So let’s get reform issues. money? rid of it once and for all. Now is the She walked across mountains and Frankly, it is all the more reason for time. Let’s move to the Treasury-Post- desert, in sweltering heat and freezing Americans to question our integrity, al Appropriations bill, vote yes or no, cold, to make her point. And along the whether those donations have an im- and then let’s do what we have to get way she inspired thousands of others to pact on our decisions or not. done. speak up about the corrupting influ- They question our integrity, and we When we define what we need to get ence of money in politics, and demand give them reason. Why aren’t we get- done this year, let’s get serious. It is action from Congress. I was proud to ting their business done? I say let’s get not the estate tax, and it’s not the H– have her support for the McCain-Fein- the business done—let’s agree to move 1B bill. It’s banning soft money. gold bill, and I am thrilled to have such to Treasury-Postal, whether we’ll sup- Now there is more support for ban- a devoted ally on this issue. port that bill in the end or not. And ning soft money than ever before. The fight for reform is also gaining then let’s move on to the other press- I think it is important to talk on this tremendous strength from religious or- ing issues before us—not tax cuts for floor about just who those Americans ganizations that are reaching out to

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00026 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.000 S26JY0 July 26, 2000 CONGRESSIONAL RECORD—SENATE 16309 educate and mobilize their congrega- a few big interests looking out for Mr. BYRD. Mr. President, I simply tions about the issue. themselves, according to a poll from cannot understand what is going on Support from religious organizations the Center for Policy Attitudes; here. I wish someone would tell me. I includes: The Episcopal Church, 78 percent of respondents believe think we had a unanimous vote a little Church Women United, the Lutheran ‘‘the current set of laws that control earlier here on the motion to invoke Office for Governmental Affairs, the congressional campaign funding needs cloture on the motion to proceed to the Evangelical Lutheran Church of Amer- reform,’’ in a Hotline poll. consideration of the Treasury-Postal ica, the Church of the Brethren’s Wash- These numbers are even more dis- Service appropriations bill. turbing than the numbers of the soft ington Office, the Mennonite Central Why don’t we vote? Why don’t we money donations themselves. Committee’s Washington Office, the vote? National Council of the Churches of These numbers tell us that it’s a Christ in the USA, the Union of Amer- given today that people think the As the ranking member on the Ap- ican Hebrew Congregations, the United worst of us and the work we do—they propriations Committee, I can say to Church of Christ’s Office for Church in believe that we are on the take, and my colleagues that Senator TED STE- Society, the United Methodist Church’s who could possibly blame them? VENS and I—the chairman and I—and General Board of Church and Society, What is it that they do not under- the various chairmen and ranking and NETWORK—a national Catholic stand, that they are misinterpreting members of the subcommittees on Ap- social justice lobby. about this system and how it affects propriations have worked hard—have Reform has the vital support of envi- us? Nothing; the public has not missed worked hard—to bring these appropria- ronmental groups like the Environ- a thing. tions bills to the Senate floor. We need mental Defense Fund, Friends of the The public has got it exactly right. It to get on with acting on these appro- Earth and The Sierra Club, and the is this body that has it wrong every priations bills so that we can send backing of seniors groups like AARP time a minority of my colleagues block them to the President. and the Gray Panthers. the majority of the Senate and will of I can tell you what is going to hap- The support for reform in this coun- the American people by trying to kill pen. I have seen it happen all too often try is strong, it is vocal, and is truly reform. in recent years. We don’t get the appro- broad-based. We also have the support The public deserves a Congress that priations bills down to the President of consumer watchdogs like the Con- can respond to the concerns of all one by one, so that he can sign them or sumer Federation of America, health Americans, not a wealthy few. veto them, which he has a right to do. The public deserves a responsible organizations like the American Heart What we do is delay and delay and Congress that does its job by moving to Association, children’s groups such as delay. As a result, when the time the Treasury-Postal appropriations the Children’s Defense Fund, and of comes that the leaders and Senators bill, whether we choose to vote yes or course the support of groups like Com- have their backs to the wall, and there no, and the same goes for the other re- mon Cause and Public Citizen, which is a big rush on to finalize the work so maining approps bills that deserve our have been fighting a terrific fight Senators can go home and the Senate attention. against the undue influence of money can adjourn sine die, then everything is Most of all, the public deserves a in politics for decades. crammed into one big bill, one omnibus Congress that can set priorities that And I could go on. We are talking bill. about people from every walk of life, represent the concerns of the American I am telling you, you would be every income level and every political people, and not just soft money donors, amazed at what happens in the con- affiliation. But they all have one sim- not just those who can afford to attend ferences. You would be amazed to see ple thing in common: They are de- weekend getaways with party leader- what occurs in those conferences. En- manding an end to the soft money sys- ship, and not just those who have es- tire bills are sometimes put into the tem that has made a mockery of our tates of more than $100 million dollars. That is our challenge. Let’s address conference report—entire bills, bills campaign finance laws, has deepened the people’s real priorities. Let’s do the that may or may not have passed ei- public cynicism about this body, and people’s business, and let’s get started ther House. And the administration is darkened the public perception of our right now. there also. The executive branch has democracy. Mr. President, I suggest the absence its representatives there. They are The public is watching us right now. of a quorum. there for the purpose of getting admin- That is why I want us to move to the The PRESIDING OFFICER. The istration measures or items that the Treasury-Postal Appropriations bill, clerk will call the roll. executive branch wants put into those whether we support it or not—so that The assistant legislative clerk pro- conference reports. The items may not they can have faith that we are doing ceeded to call the roll. have had a word of debate in either what we should be doing. Not serving Mr. BYRD. Mr. President, I ask unan- House. Neither House will have had an wealthy interests, but doing their busi- imous consent that the order for the opportunity to offer amendments on ness, and doing it responsibly. quorum call be rescinded. bills or to debate measures, and yet And being responsible means acting The PRESIDING OFFICER (Mr. those measures will be put, lock, stock, on campaign finance reform. CRAPO). Without objection, it is so or- and barrel, into the conference reports. That is what people want—their dered. voices can be heard loud and clear in Is there further debate on the mo- Then the conference report comes polls on the campaign finance issue: tion? back to the Senate, where Senators Two out of three Americans think Several Senators addressed the cannot vote on amendments to that money has an ‘‘excessive influence’’ on Chair. conference report. So Senators, as a re- elections and government policy, ac- The PRESIDING OFFICER. The Sen- sult, have no opportunity to debate cording to Committee for Economic ator from West Virginia. these matters that are crammed into Development’s March 1999 report on Mr. BYRD. Under the rules, once a the conference reports in those con- campaign finance reform. quorum is called off, if nobody seeks ferences. They will have had no oppor- Another CED poll question revealed the floor, is it the requirement that the tunity to debate them. They will have that two-thirds of the public think Chair put the question? had no opportunity to amend them. ‘‘their own representative in Congress The PRESIDING OFFICER. That is They will have had no opportunity to would listen to the views of outsiders correct. vote on parts thereof. Yet Senators in who made large political contributions Mr. BYRD. Mr. President, do I have this Chamber are confronted, then, before a constituent’s views’’; the floor? with one package, and you take it or 74.5 percent of respondents believe The PRESIDING OFFICER. The Sen- you leave it. You vote for it or you the Government is pretty much run by ator from West Virginia has the floor. vote against it.

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.000 S26JY0 16310 CONGRESSIONAL RECORD—SENATE July 26, 2000 We have experienced that on a num- Nothing could be put into a conference on that appropriations bill. I wish Dan- ber of occasions. When we were consid- report that had not had action in one iel were here today so he could tell me ering the fiscal year 1997 appropria- or the other of the two bodies. Other- exactly what the handwriting on this tions, we had a conference report on wise, a point of order would lie against wall really means, but I think I know the Defense Appropriations Bill and it. what it means. It means this bill isn’t five additional appropriations bills I can assure you, those of you who going to see the light of day until after were crammed into that conference re- are not on the Appropriations Com- the recess, and probably not then. In port in conference, five appropriations mittee, you ought to see what goes on all likelihood, the Treasury-Postal bills. I believe two of them had never in the conferences. Bills that have Service bill will be put on a conference been taken up in the Senate. I believe never passed either body, measures report, maybe on the legislative appro- two of them had had some debate, had that have never passed either body, priations bill. This bill will go on that. been brought up, but had not been fi- measures, in many instances, which As time passes, more and more appro- nally acted upon. are only wanted by the administration, priations bills will likely go on that in I intend at a future time to have all are brought to that conference and are conference. of this material researched so I can crammed into that conference report. So we will get another conference re- speak to it. Today, I recall there were The conference report comes back to port back here that is loaded—loaded— five appropriations bills crammed into the Senate. It is unamendable, and we with appropriations bills. We won’t that conference report on the DOD Ap- have to take it or leave it. That is no know what is in them. We Senators propriations Bill. It was brought back way to do business. won’t know what is in those bills. We to the Senate where Senators were un- I regret that it has come to this, and didn’t know what was in the 3,980-page able to amend it and have votes on we are getting ready to do it again. I conference report in fiscal year 1999. parts of it. And if Senators think that see the handwriting on the wall. We voted for it or against it blindly. I was bad, in fiscal year 1999, eight dif- Those of you who have read the book voted against it. I didn’t know what ferent appropriations bills were put of Daniel will remember Belshazzar was in it. That is what we are con- into the final omnibus package. In ad- having a feast with 1,000 of his lords. fronted with. dition thereto, a tax bill was put into They drank out of the vessels that had The American people, I think, are that package in the conference. I be- been taken from the temple in Jeru- going to write us off as being irrele- lieve that tax bill involved about $9.2 salem and brought to Babylon. And as vant. We don’t mean anything. We just billion. That was put into the con- they were eating and drinking and hav- stay here and fight one another and try ference report. It had never had a day, ing fun, Belshazzar saw a hand appear to get the partisan best of one another. an hour, or a minute of debate in this over on the wall near the candlestick. Democrats versus Republicans, Repub- Senate. There were no amendments of- And he saw the handwriting: mene, licans versus Democrats. Who can get fered to it. Eight appropriations bills mene, tekel, upharsin. So he sent for the ups on the other side. The people and a tax bill were all wrapped into one his wise men, his astrologers, and will say we can go to hell. That is the conference report in FY 1999, tied with wanted them to tell him what this attitude here. Hell is not such a bad a little ribbon, and Senators were con- writing meant. They couldn’t do it. word. I have seen it in the Bible, so I fronted with having to vote for or But the Queen told Belshazzar that perhaps will not be accused of using against, that conference report—take there was a young man in the kingdom bad language here. But that is what we it or leave it! who could indeed unravel this mystery. are in for. That is the handwriting on That was right at the end of the ses- As a result, Daniel was sent for. He the wall. We are going to replay the sion when many Senators wanted to go told the King what was meant by the same old record and have these monu- home. They had town meetings sched- handwriting on the wall: ‘‘God hath mental conference reports come back uled; they wanted to go home. When numbered thy kingdom, and finished it. here, unamendable, and we take them that kind of circumstance arises, we Thou art weighed in the balances, and hook, line, and sinker, one vote. No are faced with a situation of having to art found wanting. Thy kingdom is di- amendments. We won’t know what is in vote on a bill that may contain thou- vided, and given to the Medes and the the bill. sands of pages which we have not had Persians.’’ And that night, Belshazzar How is that for grown up men and an opportunity to read. As I remember, was slain and the Medes and the Per- women? We won’t know what is in the there were 3,980 pages in that con- sians took the kingdom. bill because we are playing politics all ference report. Imagine that. If the I see the handwriting on the wall: the time. We are playing politics. That people back home knew what we were mene, mene, tekel, upharsin. I see the is why we are not getting our work doing to them, they would run us all handwriting. We have voted unani- done. I am not blaming that side or out of town on a rail. And we would be mously in this body today to proceed this side. I am just blaming both sides. entitled to that honor, the way we do to take up the appropriations bill mak- We are all caught in this. I am sure the business here. All we do is carry on ing appropriations for the Department American people can’t look at this continual war in this body, continual of Treasury-Postal Service and so body, or this Congress, and get much war, each side trying to get the ups on forth, but we are not going to vote on hope because we play politics all the the other side. It isn’t the people’s that. I have asked questions around: time. I am sorry that things have come business we are concerned with. It is When are we going to vote? There is no to this. But Congress doesn’t work by who can get the best of whom in the intention to vote on that today. We the rules; the Senate doesn’t operate partisan battles that go on in this have another cloture vote coming up under the rules it operated under when Chamber. within a few minutes. If that cloture I came here and that existed up until a A lot of new Members come over motion is approved, the Senate will few years ago. This game has been from the House where they are accus- then take on that subject, and the going on and it is getting worse. It is tomed, I suppose, to being told by their Treasury-Postal appropriations bill getting worse. leaders what to do and how to do. Oth- will go back to the calendar. We are Mr. President, I don’t intend to hold ers come here fresh from the stump. I not going to take it up. There is no in- the floor any longer. I will have more suppose they feel this is the way it has tention of voting on that bill, no inten- to say about this. If you want to know always been done. They don’t know tion. It will go back on the calendar. the truth, what is said is exactly the how it used to be done. They don’t Then what will happen? I see the truth. We are absolutely working a know that there was a day when we handwriting on the wall. We will go to fraud on the American people. They used to have conferences, and it was conference one day when we get back look to this body and expect us to leg- the rule that only items could be dis- from the August recess. We will go to islate on the problems of the country, cussed in conference which had passed conference one day on another appro- and we are just tied in knots. We only one or the other of the two bodies. priations bill, and everything will go seem to think about partisanship. I am

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.000 S26JY0 July 26, 2000 CONGRESSIONAL RECORD—SENATE 16311 sick and tired of that. I am sure we decide their fate, decide whether or not after debate. Some may go the way we have to have a little of that as we go they will serve on the bench in a rea- want. Some may not. But in the grand along, but it has become all partisan sonable period of time than to let them scheme of things, when we are debating politics. Who can win this? If they twist slowly in the wind—some for up- and bringing the principles of the de- come up with something, we have to wards of a year or more. That is what bate to conclusion by voting, we are come up with an alternative. has been happening. It is a reflection of discharging the responsibility that the I don’t think the American people a deeper paralysis within the system. American people entrusted to us when want that. I think they know more The Senate is not operating as it tra- they elected us to the Senate. than we think they know, and I believe ditionally has, as a forum for vigorous There are many examples of what we they are pretty aware of what is going debate, amendment, and discussion, could be doing if we adopted this ap- on. We are just playing politics. That is and after a vigorous debate, a vote. We proach. For example, I have an amend- exactly why we can’t get this Treas- have seen a situation in which meas- ment which I would like to introduce ury-Postal Service Appropriations Bill ures are brought to the floor only after with respect to this Treasury-Postal up and get it passed and send it to con- concessions are made about the num- bill regarding the enforcement of our ference. Mark my words; we are going ber of amendments, the scope of firearms laws in the United States. to play the same old game over and amendments, and the type of amend- We hear time and time again—par- over again that we have played all too ments. That is operational procedure ticularly by the opponents of increased many times now, not passing appro- that is frequently associated with the gun safety legislation—that all we priations bills, but having them all in other body but which defies the tradi- have to do is enforce the laws. Yet in conference put into one monumental, tion of this body, where we pride our- the past we have seen the erosion of colossal conference report, and it is selves on our ability to debate and funds going to the ATF for their en- sent back here and we will vote on it amend, to be a place in which serious forcement policies. I must say that this and we won’t know what is in the con- discussions about public policy take year’s Treasury-Postal appropriations ference report. Shame! Shame on us! place routinely and just as often deci- bill has moved the bar upwards in I yield the floor. sions are made by the votes of this terms of funding appropriate gun safe- The PRESIDING OFFICER. The Sen- body. We haven’t seen that. ty programs, and I commend the Chair- ator from Rhode Island is recognized. We introduced on this floor for con- man and Ranking Member for their ef- Mr. REED. Mr. President, I rise sideration—and it has been the pending fort. But there are two areas in which today to discuss the current posture of business now since May—the Elemen- they have failed to respond. One is the the Treasury-Postal appropriations bill tary and Secondary Education Act. youth crime gun interdiction initiative on the floor. It seems to me that we are Every 5 years, we reauthorize the edu- by the ATF. in the doldrums. Our sails are unfurled, cation policy of the Federal Govern- I would request in my amendment an the crew is at their positions, but the ment—the education policy with re- additional $6.4 million, which would ship is not moving. There are many spect to elementary and secondary bring it up to the funding requested by reasons for that. But I suggest one of schools throughout this country: the the President. This, to me, is an abso- lutely critical issue—not only in the the principal reasons is that over the title I program, Professional Develop- sense of making sound public policy, last several months—indeed, through- ment Program, and the Eisenhower but critical because in every commu- out this entire Congress—the leader- Program that assists professional de- nity in this country we are astonished ship has taken it upon themselves to velopment. Yet this major piece of leg- by the ease of access to firearms by essentially try to nullify the Presi- islation has come to this floor and youngsters. We are horrified by the re- dent’s constitutional authority to ap- then, like judges, has been languishing sults of this access to firearms. point judges to the Federal courts. in the shadows for months now. Why? A few weeks ago in Providence, RI, Article II, section 2 of the Constitu- Well, some suggest it is because the we were absolutely devastated by the tion is quite clear that the President majority doesn’t want to consider murder of two young people. They had has the right to appoint Federal amendments with respect to school been in Providence on Thursday judges, subject to the advice and con- safety and gun violence. Those amend- evening at a night club. They left. One sent of the Senate. But what has hap- ments might cause difficult votes. But youngster was working and the other pened with increasing enthusiasm is in any case, we are likely, this year, was a college student. They were chat- that these appointments arrive here not to discharge our routine duty of ting by their car, waiting to go to their and then languish month after month every 5 years reauthorizing the Ele- homes that evening when they were after month after month. At some mentary and Secondary Education Act. carjacked by five or six young men. point, this type of nullification, this We are going to—using a sports meta- They were driven to a golf course on avoidance of responsibility under the phor—punt. the outskirts of Providence. Then they Constitution, subverts what I believe All of these things together have were brutally killed with firearms. the Founding Fathers saw as a rel- caused us to stop and essentially ask Where did these accused murderers atively routine aspect of Government: why can’t we refocus our operations, get these firearms? It is a confused Presidential appointment and consider- refocus our emphasis, and begin to story. But there was an adult, appar- ation within a reasonable time by the renew the tradition in this body of de- ently, who had lots of weapons. Either Senate of these appointments. bate, wide-open amendment leading to they were stolen from this individual, It has not been a reasonable time in votes with respect to substantive legis- or he lent the firearms to one of these so many cases. Repeatedly, appoint- lation and with respect to appoint- young men. But, in any case, this is ments to the Federal bench have been ments by the President to the judiciary one of those searing examples of young made by the President. They have and other appointments. people having firearms being desperate, come to the Senate and have been vir- That is why I believe we are here in being homicidal, and using those weap- tually ignored month after month. At these doldrums. The lights are on. We ons to kill two innocent people. some point, we have to be responsible are assembled, but we are not moving The program, which is underfunded not only to the Constitution, but to the forward. I think we have to begin to in this appropriations bill, would au- people of the country and act on these look at what we are doing and why we thorize the ATF to work with local po- appointments. Now, that doesn’t mean are doing it. Perhaps that is the most lice departments to develop tracing re- confirm every appointment. But it cer- useful aspect of this discussion this ports to determine the source of fire- tainly, in my mind, means to have a afternoon—because I hope that eventu- arms in juvenile crimes. reasonable deliberation, a hearing, and ally we can emerge from these dol- There was some suggestion initially then bring it to a vote. It is far better, drums and begin to, once again, take and anecdotally that most of these both constitutionally and in terms of up the people’s business in a reasonable firearms were stolen, but then prelimi- the lives of individual Americans, to and timely fashion leading to votes nary research suggested not; that, in

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00029 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.000 S26JY0 16312 CONGRESSIONAL RECORD—SENATE July 26, 2000 fact, there is an illegal market for fire- in shorthand IBIS. The FBI has what are the types of appropriations meas- arms and that too many weapons used they call the ‘‘drugfire’’ ballistic sys- ures we should not only be talking by juveniles in these heinous crimes tem. I have seen demonstrations of about, but we should be voting for. are obtained in this illegal firearms these systems. They are remarkable. Again, we are in this predicament be- market. They recover a slug at a crime scene. cause there has been such a conscious, This type of information is extremely They take it to a lab, which has the overt effort on the part of the leader- useful in terms of designing strategies computer equipment that is designed ship to deflect consideration, delibera- to interdict access to firearms by to run this system. They are able to tion, and decision on so many impor- youth perpetrators. We need this kind identify the characteristics of the par- tant issues that are critical to the fu- of intelligence in the Nation, if we are ticular slug that is being examined and ture of America. Lifetime tenure on going to construct appropriate pro- then, through their data banks, match Federal courts is being withheld be- grams that are going to deal with this it up with a known group of slugs, cause there is a hope, an expectation problem. make a positive identification, and the on one side, that these judges will go This, again, is a reflection of what I positive identification leads, in many away, these nominees will go away, in sense happened in Providence. It is un- cases, to the arrest, or certainly to the 6 or 9 months. clear precisely what happened. But identification of the weapon that was I don’t think that is what the Amer- here you have the possibility that the used. It is very similar to ican people want Congress to do. They individual with the firearms either sold fingerprinting, with which we are all want Congress to either approve or dis- them or lent them, got them into the familiar. approve, but they want Congress to hands of young people who, in turn, We have these two systems. They act. used them to kill other young people. work very well independently. But Mr. BENNETT. Will the Senator It would be extremely useful if we they would work much better if their yield? knew collectively and not only individ- databases were combined; if the source Mr. REED. I am happy to yield to the ually how these weapons moved was engineered to cooperate and work Senator. through our society, because without interdependently. That is what this ap- Mr. BENNETT. Mr. President, the this knowledge it is very hard to create propriation would do. Senator has talked about the present counterstrategies. We have seen success already. Both situation we are in. Is the Senator That is one important aspect—these of these systems, working independ- aware that the majority leader tried to trace reports—for appropriations that I ently, have produced more than 8,000 move the Senate toward consideration will seek to move today with respect to matches and 16,000 cases. For the first of this bill as long ago as last Friday appropriations. time we can take a slug from a crime and it was objected to by the minority? Indeed, the Senate Appropriations scene, match it up with known weap- Mr. REED. I am aware of that. It is Committee report emphasizes the im- ons, leading, hopefully, to arrests and one of the situations where, after portance of the partnerships that are ultimately conviction. In a way, it is months and months of cooperating, of underlying this initiative, and under- not only like fingerprints, it is like trying to accommodate, mutually, the lying also the ability to deal with the DNA, like all the scientific break- desire and the recognition of getting incidents of youth firearm crimes. In throughs we are able to use to more ef- things done, at some point when we see their words: fectively enforce the laws and bring no movement with respect to our con- The partnership between ATF and local lawbreakers to justice. stitutional obligation to confirm law enforcement agencies in these commu- I hope we can use this system more judges, no real movement, when we see nities— effectively by integrating the two pro- the elementary and secondary edu- The communities that are already grams, the ATF program and also the cation bill that has been put out to participating in this program— FBI program. languish and perhaps not to see the is invaluable to the mutual effort to reduce One of the reasons I am offering this light of day for the rest of the year, gun-related crimes. The tracing information amendment is to ensure we have the when we see a process in which the provided by ATF not only allows local juris- money this year. There is a 24-month price of bringing a bill to the floor is dictions to target scarce resources to inves- proposed schedule for the deployment an agreement to surrender the rights of tigations likely to achieve results, but also of this system. The work has been individual Senators to amend that leg- gives ATF the raw data to be able to inves- tigate and prosecute the illegal source of done, the plans have been done, but if islation, to make that amendment these crime guns. The Committee continues we do not appropriate sufficient money process subject to the approval of the to believe that there are significant disrup- in fiscal years 2001 and 2002, then we majority leader, when we see all those tions in these illegal firearms markets di- will fall short of this scheduled deploy- things, what I think we have to do and rectly due to investigative leads arising from ment. We will create a situation in what we must do is insist that we get this regional initiative. which, again, when we ask why the back, away from that process of major- Frankly, the committee recognizes American people get so frustrated with ity oppression. Perhaps that is too that this is a useful initiative. I would government, the situation in which we melodramatic. We have to get back to like to see it fully funded. That is have been planning, we have been ex- the rules of the Senate, the spirit of something we could be talking about. pending money, we are all ready to the Senate, which, I believe, is open de- Indeed, I hope we can move to incor- move forward on an initiative that will bate, open amendment, and a vote. porate that within the appropriations materially aid law enforcement au- Frankly, if that were the rule that bill that is before us. thority, and then we stop short and go was forthcoming from the majority There is another important firearms into a hiatus for a year, and maybe at leader, if the majority leader said, enforcement measure that was not the end of the year start again. But, bring ESEA back, open up the amend- funded by the committee which I would more than likely, it will be more ex- ment process, vote; when we finish the like to see funded, and that is the na- pensive, and we have lost months or amendments, if the debate goes too tional integrated ballistics information years in terms of having effective tools long, in my prerogative, after long de- network. I would like to see that ap- for our law enforcement authorities. bate, I will enter a cloture motion— propriation moved up by $11.68 million That is one of the frustrations. It is that is the way the Senate should oper- to meet the President’s request. This frustration based upon our inability to ate. I suggest that is not the way this would integrate two systems that try be able to move efficiently and prompt- Senate is operating. That is why we are to identify bullets based upon their ly to do the people’s business. here today. ballistic characteristics so they can be I hope we can deal with this issue of There is responsibility for every indi- more useful in investigating crimes. both the youth crime gun interdiction vidual Senator for what happens on the The ATF has an integrated ballistics initiative and the national integrated floor of the Senate. Certainly the man- identification system, which is called ballistics information network. These agement of the Senate is within the

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00030 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.001 S26JY0 July 26, 2000 CONGRESSIONAL RECORD—SENATE 16313 grasp and the control immediately of the issues we are talking about. They issues like China trade policy; issues the majority leader and the majority. are a subset of what I argue is the larg- with respect to domestic tranquility; That control has been deliberately, I er issue. the safety of our streets; the funding of think, to thwart the nomination and The larger issue: Is the Senate going the appropriations bills for law en- the confirmation of judges and delib- to be the Senate? Or is it some type of forcement when it comes to firearms. erately to frustrate legislation impor- smaller House of Representatives Then there are issues that are not tant to the American people because where the leadership dictates what is important to the vast number of Amer- there might be amendments that are coming to the floor, what judge’s name icans in the sense it doesn’t affect uncomfortable for consideration by might come up, what bill might come them directly but are critically impor- some in this body. up, what amendment might come up, tant to many Americans. One is a Mr. BENNETT. Will the Senator when it all comes about? That, I think, measure I have been trying to find the yield? is the key point. opportunity to bring to the floor, and Mr. REED. I am happy to yield to the Let me take up another key point in that is to somehow help the Liberian Senator. terms of the demonstration of why we community in this country who came Mr. BENNETT. Is the Senator aware are not doing our duty. We have before here in 1990, in the midst of their vio- the majority leader has an agreement the Senate a very difficult vote on ex- lent civil war, and who for the last dec- with the minority leader whereby a tending permanent normal trade rela- ade have been in the United States. number of judges would, in fact, be tions to China. It is a very difficult They have been residing here. They confirmed and that the agreement was vote. We know that. It is a vote that have been contributing to our commu- accepted by both sides, only to have bedeviled the House of Representa- nities. Many of them have children who the minority leader come forward and tives. It was controversial. It was dif- are American citizens. Yet they are in say that he wanted to identify the spe- ficult. But after intense pressure and a position where they face deportation cific judges, and the numbers were not vigorous debate, the House of Rep- October 1. The clock is ticking. acceptable? The minority leader want- resentatives brought it to a conclusion This is not an issue that is going to ed to pick specific people, in contradic- and voted. galvanize parades through every Main tion of the normal pattern of the Judi- Now that measure is before the Sen- Street in America. But for these rough- ciary Committee. ate. It is controversial. It is, like so ly 10,000 people who are caught up in Is the Senator aware of the fact the many other things, languishing. It this twilight zone while they are here, minority leader has taken that stand? could have been accomplished weeks they want to remain here with their Mr. REED. Reclaiming my time, es- ago. The business community would children, many of whom, as I said, are sentially what the Senator is arguing, argue vociferously it should have been Americans, but they face a prospect of by implication, is that the majority accomplished weeks ago. It has been being deported back to a country that leader has the sole responsibility and couched in many terms, but one term I is still tumultuous, still dangerous, sole prerogative to pick who will come think is most compelling is that it is a still threatening to them and many to this floor for consideration as a critical national security vote. It is a others. judge. critical national security vote. Yes, it This is legislation that has been sup- I am amazed at this whole process. is about trade. Yes, it is about eco- ported by Senator CHAFEE, my col- Look at judges who have been pending nomic impacts within the United league from Rhode Island, Senator for almost a year and their names are States and around the world. But it is HAGEL, Senator WELLSTONE, Senator not coming to the surface. That is also about whether or not we will con- KENNEDY, Senator LANDRIEU, Senator something more at work than the tinue to maintain a relationship of en- KERRY, and Senator DURBIN, legislation breaks of the game. That is a delib- gagement with China, or if we reject it, that will materially assist these indi- erate attempt by the majority to sup- or if we delay it indefinitely and open viduals. But, once again, we are not press the nomination of individual up the distinct possibility of confronta- moving with the kind of rapidity that judges. tion and competition with China. allows for the easy accommodation of Frankly, an offer to bring some Yet this critical national security this type of legislation on the floor. I judges to the floor is, in my view, in- vote, this critical vote which is prob- hope it does come up soon, but I think sufficient unless that offer was trans- ably the No. 1 objective of the business it represents the cost of this overcon- parent, saying we will begin to work community in this country, again lan- trol and this inflexibility, perhaps, down the judges who have been pending guishes. that we are seeing as the management longest, with perhaps other criteria, Some would say there are reasons. leadership style here today. such as districts or circuits that need We want to talk about Senator THOMP- Let me just briefly set the stage judges. SON’s and Senator TORRICELLI’s amend- about the need for this legislation. Li- But that is not how it is working. ment about proliferation. But, again, it beria is a country that has the closest These magnanimous offers of bringing is symptomatic of a situation in which ties of any African nation to the up a couple of judges—I believe I saw the Senate is not responding as it United States—it was founded by freed yesterday where three judges from Ari- should to its constitutional and to its slaves in the middle 1800s. Its capital is zona were just nominated by the Presi- public responsibilities because of the Monrovia, named after President Mon- dent, and they already have hearings political calculus. roe. It is a country that did its utmost scheduled. We have other judges who Our side is not immune to political throughout its existence in the 1800s were nominated over a year ago, and calculation. But the leadership of this and the 1900s, to emulate American they have not even had a hearing, a body has created a situation in which Government structure, at least. But it year later. Some magnanimous ges- avoidance of difficult issues, nullifica- erupted into tremendous violence in tures by the majority leader are self- tion of constitutional responsibilities 1989 and 1990. Over the next several serving and ultimately had to be re- and obligations to confirm judges, and years, 150,000 people fled to sur- jected by the minority. deferment of critical national security rounding countries. Many of them I respect the Senator, but I will con- issues for short-run advantages, is the came to the United States—many tinue my discussion on some other standard of performance. I believe that being about 14,000. In March 1991, the points. is not the role the Senate should play Attorney General recognized that these Mr. BENNETT. I will respond at a and that is the heart of this discussion individuals needed to be sheltered, so later time. today. he granted temporary protected status, Mr. REED. The youth crime gun Let me suggest one other point with or TPS. interdiction initiative and the national respect to the business of the body. We Under TPS, the nationals of a coun- integrative ballistics information net- confront a range of issues that deal try may stay in the United States work are important issues. Those are with those world-shaking, momentous without fear of deportation because of

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00031 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.001 S26JY0 16314 CONGRESSIONAL RECORD—SENATE July 26, 2000 the armed conflict or extraordinary of creating, not only mischief, but also here for 8 years, and 1,180 Ethiopians conditions in their homeland. People for exploiting diamond resources with- who had been here for 11 years. who register for TPS receive work au- in Sierra Leone for the benefit of Tay- The 102nd Congress passed a law thorizations, they are required to pay lor and the benefit of others. But all of which allowed Chinese nationals who taxes—and this is precisely what the this, this turmoil, once again, suggests had been granted deferred enforced de- Liberian community has done in the that Liberia is not a place that is a sta- parture after Tiananmen Square to ad- United States. They went to work. ble working democracy where someone, just to permanent residency. Over the They paid taxes. However, they do not after 10 years of living in the United next 4 years, 52,968 Chinese changed qualify for benefits such as welfare and States, could return easily and grace- their status. food stamps. Not a single day spent in fully and immediately. In the last Congress, we passed legis- TPS counts towards the residence re- Last year at this time, after being lation known as NACARA. Under this quirement for permanent residency. So approached by myself and others, the law, 150,000 Nicaraguans, 5,000 Cubans, they are in this gray area, this twilight Attorney General determined that she 200,000 El Salvadorans, and 50,000 Gua- zone. They have stayed there now for could not grant TPS again under the temalans who had been living in the 10 years because the situation did not law. But she did grant Deferred En- United States since the eighties were materially change for many years. forced Departure, or DED, to Liberians, eligible to adjust to permanent resi- Each year, the Attorney General which meant the Liberians could re- dency status. A separate law allows must conduct a review. The Attorney main in the United States for another Haitians who were granted DED to ad- General did conduct such a review and year but essentially they are being de- just to permanent residency. continued to grant TPS until a few ported. It is just stayed, delayed for a As one can see, we are not setting a years ago, until the fall of 1999, when while. They have been living in this precedent. We are doing what we have the determination was made that the further uncertainty for the last year. done before in response to similar mo- situation in Liberia had stabilized My legislation would allow them to tivations: fairness, length of stay here, enough that TPS was no longer forth- begin to adjust to a permanent resi- turmoil in the homeland to which we coming. dency status here in the United States, propose to deport these individuals. Another important point is why we At that, many of us leaped to the and hopefully, ultimately, after pass- believe we have a special obligation to fore and said the situation has ing all of the hurdles, to become citi- Liberia. As my colleagues know—and I changed. The situation has changed in zens of this country. have mentioned before—this is a coun- Liberia, but it has also changed with They arrived here, as I said, about 10 try that shares so much with the respect to these individuals here in the years ago. They came here with the ex- United States. United States. They have established pectation that they would have a short In 1822, a group of freed slaves in the themselves in the community. They stay and would be home, back in their United States began to settle the coast have become part of the community. communities, back in Liberia, but that of western Africa with the assistance of Their expectations of a speedy return expectation was frustrated, not by private American philanthropic groups to Liberia long ago evaporated and them but by the violence that contin- and at the behest of the U.S. Govern- they started to accommodate them- ued to break out throughout Liberia. ment. In 1847, these settlers established selves—indeed many of them enthu- Now they have established them- the Republic of Liberia, the first inde- siastically—to joining the greater selves here. They are part and parcel of pendent country in Africa. Five per- American community. the community, and they are ex- cent of the population of Liberia traces The situation changed in Liberia. tremely good neighbors in my State of their ancestry to former American The change there was more procedural Rhode Island, as well as in other parts slaves. They modeled their constitu- than substantive. What happened was of this country. I believe equity, fair- tion after ours. And they used the dol- the situation in which there was an ness, and justice require that we offer lar as their currency. election, which was monitored by out- these individuals the opportunity to Before the 1990 civil war, the United siders, which elected a President, the become permanent resident aliens and States was Liberia’s leading trading former warlord, Charles Taylor. ultimately, as I said, I hope they will partner and major donor of assistance. Based upon this procedural process take the opportunity to become citi- When Liberia was torn apart by civil change, the State Department and oth- zens of this country. war, they turned to the United States ers ruled, essentially, that the situa- Our immigration policy is an inter- for help. We recognized that special re- tion was now ripe for the return of Li- esting one, idiosyncratic in many lationship, and we offered aid to Libe- berians from the United States and cases, but it is important to point out ria. We offered it, as I said, to assist surrounding countries to Liberia. But there are several other countries those who were fleeing destruction and at the heart, the chaos, the economic around the globe that have already devastation. We should continue to do disruption, the violence within Liberia dealt with a problem like this: Norway, that. We have had a special relation- did not subside substantially. As a re- Denmark, the Netherlands, Spain, and ship with Liberia over history, and we sult, Liberians here in the United Great Britain. After a certain length of have formed a special relationship States have genuine concerns about time, even if you are there tempo- throughout this country with those their return to Liberia. What has hap- rarily—certainly 10 years is a sufficient communities of Liberians who have pened most recently, because this is an time—you can, in fact, adjust your sta- been here for a decade and who seek to evolving situation, is that Charles Tay- tus to something akin to permanent stay. lor, the President, again, duly elected resident of the United States and pur- Again, this is some of the legislation President, has not renounced all of his sue citizenship. we could be considering, some of the prior behaviors because it is strongly We have done this before. We have legislation with which we could be suggested that he has been one of the made these types of adjustments for dealing if we had a process that al- key forces who is creating the havoc in other national groups that have been lowed that free flow of legislation to the adjoining nation of Sierra Leone. here and for many of the same reasons: the floor. All of us have seen horrific photo- Simple justice, length of stay, connec- Mr. President, I ask unanimous con- graphs of the violence there, of chil- tions to the community of America, sent that two letters be printed in the dren whose arms and hands have been continued turmoil in their own coun- RECORD: A letter from Bill Gray, Presi- cut off by warring factions in Sierra tries. For example, in 1988 we passed a dent of the College Fund, and a letter Leone. The Revolutionary United law to allow the Attorney General to from the Lutheran Immigration and Front is one of the key combatants in adjust to permanent status 4,996 Polish Refugee Service. that country. Part of this is an unholy individuals who had been here for 4 There being no objection, the letters alliance between Taylor and the Revo- years, 387 Ugandans who had been here were ordered to be printed in the lutionary United Front for the purpose for 10 years, 565 Afghanis who had been RECORD, as follows:

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00032 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.001 S26JY0 July 26, 2000 CONGRESSIONAL RECORD—SENATE 16315

THE COLLEGE FUND, personal support to S. 656 in order to offer William Sage, Interim Director, Church Fairfax, VA, April 19, 2000. Liberians the protection they deserve. World Service Immigration and Refugee Pro- Hon. JACK REED, Sincerely, gram. U.S. Senator, Senate Hart Office Building, WILLIAM H. GRAY III. John T. Clawson, Director, Office of Public Washington, DC. Policy and Advocacy, Lutheran Social Serv- DEAR SENATOR REED: I write to let you LUTHERAN IMMIGRATION AND ice of Minnesota. know of the great importance I attach to the REFUGEE SERVICE, Muriel Heiberger, Executive Director, Mas- passage of legislation that would allow Libe- Washington, DC, March 7, 2000. sachusetts Immigrant and Refugee Advocacy rian nationals already in the U.S. for almost Hon. JACK REED, (MIRA) Coalition. ten years to become permanent residents. U.S. Senate, Washington, DC. Oscar Chacon, Director, Northern Cali- Your legislation, S. 656, the Liberian Immi- DEAR SENATOR REED: On behalf of the un- fornia Coalition for Immigrant Rights. Skip Roberts, Legislative Director, Service gration Fairness Act, would accomplish this dersigned organizations, we urge your sup- port of the Liberian Refugee Immigration Employees International Union. important goal. David Saperstein, Director of the Religious Fairness Act of 1999 (S. 656). This Act would The United States has always shared a spe- Action Center of Reformed Judaism, Union provide relief and protection for some 15,000 cial relationship with Liberia, a country cre- of American Hebrew Congregations. Liberian civil war refugees and their families ated in 1822 by private American philan- Ruth Compton, Immigrant and Latin now residing in the United States. thropic organizations for freed American America Consultant, United Methodist Since March of 1991, over 10,000 Liberian slaves. In December 1989, civil war erupted in Church, General Board of Church and Soci- civil war refugees have resided in the United Liberia and continued to rage for seven ety. years. USAID estimates that of Liberia’s 2.1 States. Recently, they were granted an ex- Katherine Fennelly, Professor, Humphrey million inhabitants, 150,000 were killed, tension of their temporary exclusion from Institute of Public Affairs, University of 700,000 were internally displaced and 480,000 deportation when President Clinton ordered Minnesota. became refugees. To date, very little of the the Attorney General to defer their enforced Asylum and Refugee Rights Law Project of destroyed infrastructure has been rebuilt departure. Granted for one year, the order is the Washington Lawyers’ Committee for and sporadic violence continues. set to expire in September of this year. Civil Rights and Urban Affairs. Against this general background, legislation When the civil war began in 1989, thou- Don Hammond, Senior Vice President, has been introduced by Senator Jack Reed sands of Liberians fled to the United States. World Relief. (D–RI) to adjust the status of certain Libe- In 1991, the Attorney General granted Tem- Morton Sklar, Director, World Organiza- rian nationals to that of lawful permanent porary Protected Status (TPS) to these Libe- tion Against Torture, USA. residence. We strongly support Senator rians, providing temporary relief from depor- Mr. REED. These two letters are Reed’s proposed legislation, S. 656. We view tation since ongoing armed conflict pre- this bill as being vital to the basic protec- strong statements on behalf of the leg- vented their safe return home. For the next tion of and fairness towards Liberian civil islation, the Liberian Refugee Immi- seven years, the Attorney General annually war refugees. gration Fairness Act, which I have spo- renewed this TPS status. Last summer, At- ken about and which I ardently desire torney General Reno announced that this JUSTIFICATIONS TPS designation would end on September 28, The Liberian Refugee Immigration Fair- to see acted upon in this session in the 1999. Throughout 1999, Liberians faced the ness Act of 1999 would protect Liberian refu- next few weeks. prospect that they would be uprooted and gees and their families from being forcibly Bill Gray, as many know, is a former forced to return to a country still ravaged by returned to a nation where their life and distinguished Congressman from Phila- violence and repression. However, on Sep- freedom may still be threatened. Even the delphia, PA. He is now President of the tember 27, 1999, President Clinton granted Human Rights reports from the U.S. Depart- College Fund, which was formerly non-citizen Liberians living in the United ment of State and Amnesty International known as the United Negro College States a reprieve, allowing them to remain have called attention to the continuing pat- Fund. in the country and work for one additional tern of abuses against citizens by the Libe- He points out in his letter the long year. rian government. Additionally, the legisla- tion would protect against the dissolution of association between the United States The Department of Justice estimates that and Liberia and urges that we act approximately 10,000 Liberians are living in families as Liberian parents are forced to the United States under protection of our choose between leaving their American born quickly and decisively to pass this leg- immigration laws. There are significant Li- children in the U.S. or taking them back to islation. berian populations in Illinois, Ohio, Michi- Liberia if they are deported. Further, after The letter from the Lutheran Immi- gan, Maryland, Pennsylvania, New Jersey, nearly a decade of living in the U.S., Libe- gration and Refugee Service also New York, Georgia, Minnesota, Rhode Is- rians have established real ties in their local makes that same plea for prompt and land, and North Carolina. For the past dec- communities and as such, forced deportation sympathetic action on this legislation. ade, while ineligible for government benefits, would simply be wrong. Finally, it is impera- It is signed also on behalf of numerous tive that Liberian civil war refugees be ac- Liberians have been authorized to work and organizations: the Catholic Charities are required to pay taxes. They married, corded the same favorable treatment as bought homes, and placed their children, other refugee groups seeking relief in the Immigration Legal Services Program; many of whom were born in this country, in United States. the Episcopal Migration Ministries; the school. Despite their positive contributions We remain appreciative to Congress for its National Ministries of American Bap- to our communities, their immigration sta- continued attention paid to the general issue tist Churches USA; the Lutheran So- tus does not offer Liberians the opportunity of immigration relief for those in need, and cial Services of Minnesota; the Union to share fully in our society by becoming we trust the same will be devoted to the Li- of American Hebrew Congregations; citizens. berians. We appreciate your consideration of the United Methodist Church, General these comments. When they first arrived, these nationals of Board of Church and Society; and it Liberia hoped that their stay in this country Sincerely, RALSTON H. DEFFENBAUGH, goes on and on. would indeed be temporary. But ten years Again, this is the heartfelt plea by have passed and they have moved on with President. the church community and the reli- their lives. Liberians have lived in this im- On behalf of: migration limbo longer than any other group Nancy Schestack, Director, Catholic Char- gious community in general of this in the United States. More importantly, ities Immigration Legal Services Program. country for a favorable and immediate other immigrant groups who were given tem- Douglas A. Johnson, Executive Director, response to the plight of these Libe- porary haven in the United States for much Center for Victims of Torture. rians who are here with us. shorter periods have been allowed to adjust Richard Parkins, Director, Episcopal Mi- f to permanent residency: Afghans, Ethio- gration Ministries. pians, Poles and Ugandans after five yeas Tsehaye Teferra, Director, Ethiopian Com- VISIT TO THE SENATE BY THE and 53,000 Chinese after just three years. It is munity Development Council. PRESIDENT OF THE REPUBLIC time to end the uncertainty that Liberians Eric Cohen, Staff Attorney, Immigrant OF THE PHILIPPINES have lived with for so long. It is time to Legal Resource Center. RECESS allow them the opportunity to adjust to per- Curtis Ramsey-Lucas, Director of Legisla- manent residency as our nation has allowed tive Advocacy, National Ministries, Amer- Mr. HELMS. Mr. President, I ask others before them. ican Baptist Churches USA. unanimous consent that the Senate Following our Nation’s tradition of fair- Jeanne Butterfield, Director, American stand in recess for 6 minutes while Sen- ness and decency, I am pleased to add my Immigration Lawyers. ators and others have an opportunity

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00033 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.001 S26JY0 16316 CONGRESSIONAL RECORD—SENATE July 26, 2000 to meet a distinguished guest, the that—but because to bring it back to and the Senate then proceed to its im- President of the Philippines, the Hon- the floor would invite amendments mediate consideration. orable Joseph Estrada. that might be uncomfortable. I think The PRESIDING OFFICER. Without There being no objection, the Senate, that is also wrong. objection, it is so ordered. The clerk at 3:57 p.m., recessed until 4:03 p.m.; Then I think we have a measure will report the bill by title. whereupon, the Senate reassembled which everyone claims is critical to The legislative clerk read as follows: when called to order by the Presiding our economy, critical to our future na- A bill (H.R. 3519) to provide for negotia- Officer (Mr. SESSIONS). tional security, critical to our relation- tions for the creation of a trust fund to be The PRESIDING OFFICER. The Sen- ships with Asia and China, particu- administered by the International Bank for ator from Rhode Island has the floor. larly, over the next several decades. Reconstruction and Development of the Mr. REED. Mr. President, I extend International Development Association to That, too, has been shunted aside, not combat the AIDS epidemic. my welcome to President Estrada of because of substance, but because of There being no objection, the Senate the Philippines. The Philippines and political calculation. Once again, I proceeded to consider the bill. the United States are allies. We have a think that is wrong. special relationship with them, as we In return, what has been suggested, AMENDMENT NO. 4018 have a special relationship with the is: Why don’t you take a little of this (Purpose: To authorize additional assistance country I have been speaking about; and a little of that, and we will give to countries with large populations having that is, the country of Liberia. HIV/AIDS, to provide for the establishment you an amendment here, and we just of the World Bank AIDS Trust Fund, to au- f might bring up two judges, but we thorize assistance for tuberculosis preven- TREASURY AND GENERAL GOV- don’t know who they are. That, in com- tion, treatment, control, and elimination, ERNMENT APPROPRIATIONS ACT parison, is not an appropriate response and for other purposes) OF 2001—MOTION TO PROCEED— to the basic question of: Will the Sen- Mr. BENNETT. Senator HELMS, for Continued ate be the Senate? himself and others, has a substitute I would hope that we would return to amendment at the desk, and I ask for Mr. REED. Mr. President, let me con- that spirit, that spirit which I think its consideration. clude my overall remarks by saying, as drew us all here initially, with the The PRESIDING OFFICER. The I began, that we are in the doldrums. hope and the expectation that we clerk will report. We are here but we are not moving. I would debate and we would vote—we The legislative clerk read as follows: do not think it is sufficient to simply, would win some; we would lose some— The Senator from Utah [Mr. BENNETT] for on a day-by-day basis, make a little but ultimately, by debating and by vot- Mr. HELMS, for himself, Mr. BIDEN, Mr. concession here and a little concession ing, and by shouldering our responsibil- FRIST, Mr. KERRY, Mr. SMITH of Oregon, Mrs. there. ities—not avoiding them—the Amer- BOXER, and Mr. FEINGOLD proposes an I think to get this Senate under full ican people would ultimately be the amendment numbered 4018. sail again, moving forward, proudly, great victors in this Democratic proc- (The text of the amendment is print- purposefully, is to once again summon ess. ed in today’s RECORD under ‘‘Amend- up the spirit which I always thought I hope we return to that spirit. ments Submitted.’’) was inherent in this body, the spirit of I yield the floor. Mr. BENNETT. Mr. President, I ask vigorous and free and open debate, of The PRESIDING OFFICER. The Sen- unanimous consent that the amend- vigorous and wide-ranging amendment, ator from Utah. ment be agreed to. unfettered by the individual procliv- Mr. BENNETT. Mr. President, I ap- The PRESIDING OFFICER. Without ities of the leader, whoever the leader preciate the comments from the Sen- objection, it is so ordered. may be, and then, ultimately, doing ator from Rhode Island. I will have The amendment (No. 4018) was agreed our job, which is to vote. some responses to them in a moment. to. This afternoon, I have tried to sug- f Mr. HELMS. Mr. President, passage gest several areas where we have ne- of the Global AIDS and Tuberculosis glected that obligation. With respect to MEASURE PLACED ON THE Relief Act is a priority for this Admin- Federal judges, it seems to me that CALENDAR—S. 2912 istration, but that is not why I support there has been an attitude adopted Mr. BENNETT. Mr. President, I un- it. I am aware of the calamity inflicted here that our advice and consent is derstand there is a bill at the desk due by HIV/AIDS on many Third World sort of an optional thing. If we do not for its second reading. countries, particularly in Africa. choose to do it, then no judges will be The PRESIDING OFFICER. The Children are the hardest hit and confirmed. In a way, it is very subver- clerk will read the bill for the second they, Mr. President, are the innocent sive to the Constitution. time. victims of this sexually transmitted Frankly, I don’t think anyone would The legislative clerk read as follows: disease. In fact, the official estimate of object if judges were brought to this A bill (S. 2912) to amend the Immigration 28 million children orphaned in Africa floor and voted down. That is a polit- and Nationality Act to remove certain limi- alone could easily prove to be a low es- ical judgment, a policy judgment, a tations on the eligibility of aliens residing in timate. This is among the reasons why judgment based upon their jurispru- the United States to obtain lawful perma- Senator BILL FRIST wrote the pending dence, their character, a host of issues. nent residency status. amendment, which is based on S. 2845, But what is so objectionable is this no- Mr. BENNETT. Mr. President, I ob- with solid advice from and by Franklin tion of stymying the Constitution by ject to further proceedings on this bill Graham, president of Samaritan’s simple nonaction, by pushing it off into at this time. Purse and son of Billy and Ruth. That the shadows, allowing individual nomi- The PRESIDING OFFICER. The bill is why I support it. nees to languish, hoping that no one will be placed on the calendar. Several items in the pending bill pays attention to it, and that at the The Senator from Utah has the floor. should be carefully noted. First, au- end of the day these judges will go f thorization for appropriations for the away and more favorable judges will be World Bank Trust Fund is scaled back appointed. I do not think that is the PROVIDING FOR NEGOTIATIONS from the House proposal of five years way to operate this Senate. FOR THE CREATION OF A TRUST to two years. There is no obligation for We have legislation, such as the FUND TO COMBAT THE AIDS EPI- the U.S. Government to support the ESEA, which has been permanently—or DEMIC trust fund beyond two years. apparently permanently—shelved, not Mr. BENNETT. Mr. President, I ask If the trust fund performs as ex- because there is something inherently unanimous consent that the Foreign pected, Congress may decide at that wrong with the bill as it has been pre- Relations Committee be discharged time to make additional funds avail- sented—we can debate the merits of from further consideration of H.R. 3519, able. However, if the Trust Fund is not

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00034 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.001 S26JY0 July 26, 2000 CONGRESSIONAL RECORD—SENATE 16317 transparent, if there is not strict ac- those living with the disease, or to edu- At the regional level, more than 13 million countability—and if money is squan- cate those at risk of contracting the Africans have already died, and another 23 dered on second rate or politicized disease about how to avoid infection. million are now living with HIV/AIDS. That projects—I intend to do everything in I believe that it is past time for the is two-thirds of all cases on earth. At the na- tional level, the 21 countries with the high- my power to ensure that Congress does United States to step forward and lead est HIV prevalence in the world are in Afri- not provide another farthing. the way in efforts aimed at stopping ca. In Botswana and Zimbabwe, one in four The pending bill requires that twenty the spread of the HIV/AIDS. This bill adults is infected. In at least 10 other Afri- percent of U.S. bilateral funding for does just that. The funding levels this can countries, adult prevalence rates exceed HIV/AIDS programs be spent to support bill authorizes significantly increase 10 percent. At the individual level, a child orphans in Africa. That could be as the level of U.S. assistance to combat born in Zambia or Zimbabwe today is more much as $60 million. This is one of the HIV/AIDS. One of the key elements of likely than not to die of AIDS at some point provisions on which I insisted, and I this legislation is an authorization for in her lifetime. In many other African coun- tries, the lifetime risk of dying of AIDS is wish it could have been an even higher the Secretary of the Treasury to enter greater than one in three. The HIV/AIDS epi- percentage. into negotiations with the World Bank demic is not only an unparalleled public I suggest that A.I.D. get together to create a Trust Fund, the purpose of health problem affecting large parts of Sub- with Nyumbani Orphanage in Nairobi, which is the eradication and preven- Saharan Africa, it is an unprecedented Kenya, Samaritan’s Purse, and the tion of the spread of the virus. threat to the region’s development. In many other groups working in the field to de- The Trust Fund will allow donations countries, the disease is reversing decades of velop a plan to address the crisis. and contributions from governments— hard-won development progress. Finally, I insisted that the lions the bill authorizes $150 million as the We cannot ignore these facts. The share of bilateral funding, specifically, U.S. contribution—as well as the pri- time to act is now. The sooner we ad- 65 percent—or as much as $195 million, vate sector, so that all sectors in soci- dress this crisis in Africa as well as the be available to faith-based groups and I ety are working together at an inter- rest of the developing world, the bet- am gratified that my colleagues have national level to address this crisis. It ter. The directives in this bill represent consented to this. At last, it has is truly the best way to do so. The sta- the best of the current proposals to do dawned on Senators that HIV/AIDS tistics are grim. According to UNAIDS, so. The World Bank and the Export-Im- legislation and programs designed to in 1999 alone 5.4 million people were in- port Bank of the United States both re- address the spread of AIDS are worth- fected with HIV/AIDS, bringing the cently announced that they would less unless they recognize and address total to 34.4 million infections world make funds available for loans to Afri- seriously the moral and behavioral fac- wide. 2.8 million people died of the dis- can countries to help them purchase tors associated with the transmission ease last year. This does not have to drugs to treat HIV/AIDS. While I wel- of the disease. be. We know how to prevent the spread come any efforts to procure drugs for There is only one 100 percent effec- of the disease. We have the means to this purpose, I do not believe that ex- tive way to stop the spread of AIDS, treat the virus and the opportunistic tending more loans to nations cur- and that, of course, is abstinence and diseases that kill those infected with rently facing crippling debt burdens faithfulness to one’s spouse. And it is HIV/AIDS. Millions of lives can be will, in the long run, prove to be the through churches that this message saved through both treatment and pre- most useful strategy. Grants and no will be effectively promoted and ac- vention. Through cooperation we can strings attached assistance, the aid cepted, not through government bu- be successful. We must challenge other provided in this bill, are what is need- reaucracies. It is no exaggeration to donors to dedicate the necessary re- ed. say that policymakers refusing to face sources to achieve our aim. I want to make it clear that this bill up to this obvious fact will be culpable The bill also authorizes $300 million represents only the beginning of the in the deaths of millions. in bilateral assistance to stop the United States’ commitment to fighting Mr. President, approval of this bill spread of the disease, and to treat it. HIV/AIDS. Sustained dedication of re- will be an important accomplishment, While I strongly believe that a multi- sources will be needed to continue the and if its provisions are properly imple- lateral approach must be developed to fight, and we in the Senate must en- mented it will save lives. The Foreign respond to the HIV/AIDS epidemic, I sure that such resources continue to be Relations Committee will work dili- also believe that the United States channeled towards eliminating the gently over the next two years to en- should do all it can right now to de- threat of HIV/AIDS. This bill is a good sure that the intent of Congress is un- liver targeted assistance to specific re- first step in our efforts. derstood and carried out. gions and specific treatment programs. Mr. FRIST. Mr. President, a bipar- Mr. BIDEN. Mr. President, I cannot The problem of HIV/AIDS is urgent. Bi- tisan group of members of the Senate tell you how pleased I am that the Sen- lateral assistance programs can be Foreign Relations Committee have ate will finally pass the Global AIDS funded and programs carried out right today sent to the Senate for consider- and Tuberculosis Relief Act. HIV/AIDS away, and they should be. ation a landmark legislative initiative has been acknowledged as the 21st cen- Assistance is desperately needed, for to combat one of the great human trag- tury’s bubonic plague. It is having a example, in Africa. The countries in edies of our time, the HIV/AIDS epi- devastating impact in Sub-Saharan Af- the sub-Saharan region cannot wait for demic. The Global AIDS and Tuber- rica, destroying the very fabric of Afri- the negotiation of a Would Bank Trust culosis Relief Act of 2000 reflects the can societies. And while Africa is the Fund; they must have help now. The combination of many initiatives pro- present day epicenter, there is no guar- news which came out of the Inter- posed by members of the Foreign Rela- antee that the disease will not spread national AIDS Conference in Durban tions Committee. All initiatives share throughout the world in a manner that was grim. Gross Domestic Product a common purpose of arresting the is just as devastating. No corner of the could be cut by as much as 20% due to progress of the disaster and caring for globe is immune. the impact of HIV/AIDS in some Afri- the victims so far. HIV/AIDS is the only health related can countries, according to a study re- The initiative cannot come too soon. issue that has ever been the subject of leased at the conference. African coun- The cost in human life and produc- a meeting of the United Nations Secu- tries are among the poorest in the tivity, as well as the potential societal rity Council, and the only one that has world. They cannot afford to have their and economic disruptions AID has and been the subject of a Security Council incomes diminished to such a degree. will cause assure us of one distinct pos- Resolution. Why? Because it poses a se- According to the World Bank, sibility: All goals of the United States vere risk to every nation in the inter- AIDS is now the fourth leading cause of in Africa and the developing world— national community, but most espe- death worldwide and the leading cause of goals we share with them—will be seri- cially to developing nations which do death in Sub-Saharan Africa. At all levels, ously compromised, if not completely not have the means to either treat the impact of AIDS in Africa is staggering: undermined, by AIDS. Growing trade,

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00035 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.001 S26JY0 16318 CONGRESSIONAL RECORD—SENATE July 26, 2000 better education and health, stronger Africa, and it kills many times more tures and incentives for families, com- democracies, efforts toward peace—all people than Africa’s armed conflicts. munities and institutions which will will be undermined by a disease that is Sub-Saharan Africa is the only re- provide care for children orphaned by positioned to sap the life from the most gion in which women are infected with HIV/AIDS, or for the children who are promising and productive generations. HIV at a higher rate than men. Accord- themselves infected by HIV/AIDS, will Two characteristics of this pandemic ing to UNAIDS, women make up an es- become increasingly important as the that distinguish it from the other great timated 55 percent of the HIV-positive number of AIDS orphans increases dra- killers have impressed me the most adult population in sub-Saharan Afri- matically. and shaped the Senate’s recent initia- ca, as compared with 35 percent in the By providing a knowledge, skills, and tive to support the efforts to combat Caribbean, the next highest-ranking re- hope orphaned children might not oth- HIV/AIDS worldwide. gion, and 20 percent in North America. erwise have, education is an especially The first is the fact that AIDS affects Young women are particularly at risk. critical part of a long term strategy. the younger members of a community A U.N. study found girls aged 15–19 to Education is the key to providing op- in their most productive years. It thus be infected at a rate of 15 percent to 23 portunity and fighting poverty, and contorts and eventually turns on its percent, while infection rates among education is essential to winning the head the already strained economic boys of the same age were 3 percent to battle against the HIV/AIDS epidemic. equation by effectively reversing the 4 percent. The legislation does not focus solely proposition of dependants to produc- The African AIDS epidemic is having on Africa, but reflects the fact that the tive members of a family. In short, it a much greater impact on children grip of the disease is tightening around has struck at the heart of the extended than is the case in other parts of the the developing world. Some of the families, changing the breadwinners world. An estimated 600,000 African in- mechanisms are new and yet untested. from a source of needed food or income fants become infected with HIV each But in their design, their potential for to a burden. That is to say nothing of year through mother to child trans- being the most effective tools at our the grief, personal loss and often shame mission, either at birth or through disposal is clear. associated with death from AIDS. breast-feeding. We need to be mindful that the The second is that the estimated At least 7.8 million African children United States can be a great force for number of orphans from AIDS in Afri- have lost either their mother or both good in the world. Certainly, Ameri- ca, for example, already exceeds 10 mil- parents to AIDS, and thus are regarded cans are very charitable and compas- lion, and is expected to approach 40 by UNAIDS as ‘‘AIDS orphans.’’ South sionate people, and the political will million in coming years. Many of those Africa is expected to have one million exists to take a more aggressive pos- children will themselves be HIV-posi- AIDS orphans by 2004. An estimated 10 ture toward combating AIDS. tive. The prospect of 40 million chil- million or more African children will However, our job is to determine how dren without hope, health and often have lost either their mother or both best to use our limited resources to without any support whatsoever is as parents to AIDS by the end of the year maximize their potential for good on dangerous as it is tragic. These chil- 2000. In some urban areas of Africa, or- the African continent. These are life dren are susceptible to substance phans comprise up to 15 percent of all and death decisions which cannot be abuse, prostitution, banditry or, as we children. Many of these children are addressed simply by allocating more have seen so often on the continent, themselves infected with HIV/AIDS and funds, confident that we have thus child soldiery. It will be an economic often face rejection from their ex- done our part. How we direct or allo- strain on weakening or completely bro- tended families and from their commu- cate those resources has the potential ken economies, and an extremely vola- nities. to significantly affect the situation. tile element in strained societies. In its January 17, 2000 issue. News- Questions and issues involved in life The human cost of AIDS is already week projected that there will be 10.4 and death decisions are not easy. They alarmingly high, and the trends are in- million African AIDS orphans by the are decisions based on the under- creasingly terrifying—even apoca- end of 2000. UNAIDS reports that AIDS standing that you cannot help or save lyptic. orphans, suspected of carrying the dis- all in need in a situation, but must Sub-Saharan Africa has been far ease, generally run a greater risk of make decisions based on the best infor- more severely affected by AIDS than being malnourished and of being denied mation and understanding of your any other part of the world. It is our an education. strengths and limitations. greatest challenge. I have seen the ef- At current infection and growth Over the next two years, the legisla- fects of its ravages on the people of rates for HIV/AIDS, the National Intel- tion authorizes $300 million per year that continent firsthand. The potential ligence Council estimates that the for ongoing HIV/AIDS programs world- is clearly written in the appalling sta- number of AIDS orphans worldwide wide. That represents a significant in- tistics of the disease today. will increase dramatically, potentially crease in our commitment and is well According to December 1999 United increasing three-fold or more in the above the President’s request. The Nations data, some 23.3 million adults next ten years, contributing to eco- United States has been a leader in and children are infected with the HIV nomic decay, social fragmentation, and AIDS prevention programs and in AIDS virus in the region, which has about 10 political destabilization in already treatment and programs to mitigate percent of the world’s population but volatile and strained societies. Chil- the devastating societal and economic nearly 70 percent of the worldwide dren without care or hope are often effects of the epidemic. We should con- total of infected people. In Botswana, drawn into prostitution, crime, sub- tinue that leadership and even Namibia, Zambia, and Zimbabwean es- stance abuse or child soldiery. strengthen it. timated 20 percent to 26 percent of The majority of governments in Additionally, the legislation author- adults are infected with HIV, and 13 areas of sub-Saharan Africa facing the izes $100 million to the Global Alliance percent of adults in South Africa were greatest burden of AIDS orphans are for Vaccines Initiative, know by its ac- infected as the end of 1997. largely ill-prepared to adequately ad- ronym, GAVI, which receives both pub- An estimated 13.7 million Africans dress the rapid growth in the number lic and private funding to provide ex- have lost their lives to AIDS, including of children who have no means of sup- isting vaccines to children worldwide, 2.2 million who died in 1998. The overall port, no education nor access to other and to provide incentives for the devel- rate of infection among adults in sub- opportunities. opment of new vaccines. Often, compa- Saharan Africa is about 8 percent com- Donors must focus on adequate prep- nies determine that it is not possible to pared with a 1.1 percent infection rate arations for the explosion in the num- commit the capital to research and de- worldwide. ber of orphans and the burden they will velopment toward developing vaccines AIDS has surpassed malaria as the place on families, communities, econo- for diseases such as malaria. While the leading cause of death in sub-Saharan mies, and governments. Support struc- potential number of recipients is great,

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00036 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.001 S26JY0 July 26, 2000 CONGRESSIONAL RECORD—SENATE 16319 the potential number of purchasers is United States to combat the death and proportions? When we’re talking about very small. By providing a clear pur- suffering of our fellow humans. It is a the democratization of the developing chaser for the future, GAVI addresses great demonstration of America’s gen- world, when we’re talking about the much of the questions involving the erosity and our hope to improve the triumph of capitalism and open mar- risks of investing in such research. lives and potential of all people. kets, when we’re talking about the The legislation goes beyond incen- Mr. KERRY. I am pleased to join the benefits of globalization, we cannot re- tives alone. Over two years, it commits distinguished chairman of the Foreign main silent—as rich as we are in tal- $20 million to the International AIDS Relations Committee, Mr. HELMS, and ent, technology and money—about the Vaccine Initiative, or IAVI, a group the Chairman of the Africa Sub- threat AIDS poses to our national se- which is committed to developing the committee, Dr. FRIST, in bringing this curity. ultimate weapon against the continued very important bill to the Senate. Mr. President, last week, the 13th an- spread of HIV: a vaccine. Mr. President, the human toll of the nual International Conference on AIDS The legislation does not seek to act AIDS crisis in Africa is stupefying. was taking place in Durban, South Af- unilaterally, but has two critical ele- More than 30 million people now live rica. It was the first time this inter- ments which will help use our leader- with AIDS and annual AIDS-related fa- national conference is being held in a ship position to leverage greater co- talities hit a record 2.6 million last country in the epicenter of the AIDS operation to combat the epidemic. year. Ninety-five percent of all cases pandemic in the developing world. First, it seeks to establish a global are found in the developing world. A number of important break- trust for programs to combat the AIDS is now the leading cause of death throughs have been announced from transmission of HIV and to respond to in Africa and the fourth leading cause the Conference and the Senate should the devastation of AIDS. Under the leg- of death in the world. In at least 5 Afri- be aware of them: islation, the United States can con- cans countries, more than 20 percent of Pharmaceutical companies have an- tribute up to $150 million per year for adults are HIV-positive. nounced that they are prepared to offer two years to capitalize the fund. Of The AIDS epidemic is more dev- their life-extending therapies to the de- that, $50 million annually is specifi- astating than wars: in 1998 in Africa, veloping world at no cost or at a very cally targeted to address the great 200,000 people died from armed conflict; discounted rate. Merck will provide human tragedy and most daunting 2.2 million died from AIDS—more than Botswana with $100 million in medicine challenge of AIDS orphans. Undoubt- 5,000 Africans died every day from the over the next five years. Abbott Lab- edly, the initial generous contribution disease. oratories confirmed that it will ini- of the United States will spur many This week, the U.S. Census Bureau tiate a charitable program in Tanzania, more commitments from other nations. announced new demographic findings Burkina Faso, Romania and India. The legislation does not leave the for Africa. Because of AIDS, Botswana, Boehringer Ingelheim will give away question of orphans to the trust fund Zimbabwe and South Africa will expe- one of the most important drugs in pre- alone. It also directs the United States rience negative population growth in venting the transmission of HIV from to begin coordinating a global strategy the next five years. Without AIDS, mother to child—Viramune—to devel- to address the orphans crisis, espe- these countries would have experienced oping countries over the next 5 years. cially in caring for them and educating a 2–3 percent increase in population. Similarly, Pfizer recently promised to them. This is in addition to the specific Children born within the past 5 years give South Africa its effective prod- focus on education and care of orphans in Namibia, Swaziland and Zimbabwe uct—Diflucan—which is used for treat- in Africa mandated in the initial au- can expect to die before the age of 35. ing a deadly brain infection associated thorization of ongoing programs and in Without AIDS, their life expectancy with AIDS. the trust fund. Only education can pro- would have been 70. In addition, a new These are all important develop- vide the tools for these children to es- and very troubling statistic was an- ments. Access to these pharmaceutical cape the poverty, violence and exploi- nounced this week: UNAIDS reported products has historically been pre- tation that they will often face. The that 55 percent of all HIV-infections vented by high price, and these compa- strong emphasis on this explosive and were in women. So AIDS is not only nies should continue to work with gov- frightening problem is one of the most robbing societies of young women but ernments and philanthropies like the forward looking approaches to inter- also of the child they might have had. Bill & Melinda Gates Foundation— national health yet considered by Con- It is not hyperbole to say that this is which today is announcing another $90 gress. I cannot overemphasize the im- Africa’s worst social catastrophe since million in grants to combat AIDS in portance of these provisions. slavery, and the world’s worst health the developing world. The contribution The legislation also addresses the in- crisis since the bubonic plague. made by Bill and Melinda Gates to creasing threat of tuberculosis world- Other parts of the world are going fighting infectious diseases cannot be wide. The diseases’ resurgence is a down the same path as Africa. Infec- overstated. Through their philan- clear and direct threat to the United tion rates in Asia are climbing rapidly, thropy, they have given countries States’ public health. Astonishingly, with several countries, especially which are being ravaged by disease a the World Health Organization esti- India, on the brink of large-scale ex- fighting chance. mates that one third of the world’s pansion of the epidemic. When I was in Fighting and winning the war population is infected with tuber- India in December, epidemiologist from against AIDS is more than just giving culosis. With the increasingly drug re- our government as well as Indian offi- away medicine. We must continue to sistant strains of the disease emerging cials admitted that the number of bolster the research into a cure. To yearly, the urgency of the initiative is cases in Asia could surpass those of Af- this end, a number of significant bio- critical. The legislation authorizes $60 rica by the year 2010. medical breakthroughs have come out million each year for two years for pro- In addition, countries of the former of Durban. The most significant is the grams to combat the disease. That fig- Soviet Union and Eastern Europe are announcement by the International ure represents a substantial increase in especially vulnerable, as Russia is ex- AIDS Vaccine Initiative of human our efforts to ensure our own safety periencing one of the highest increases trials of a new vaccine candidate and health and to combat the scourge in infection rates of any single country against AIDS. Development of an effec- worldwide. in the world last year. Is this the kind tive AIDS vaccine is critical especially Overall, this legislation represents a of world we want for the 21st century? in Africa where preventive measures— clear recognition of the importance to In this age of remarkable biotechnical such as encouraging change in high- our own health and security to com- and biomedical breakthroughs, when risk behaviors and debunking deadly bating infectious disease worldwide. we have cures of impotence and treat- myths—will do little to slow the spread More significantly, though, it is a mon- ments for depression, do we want to ig- of HIV in countries which have a 20 or umental new commitment by the nore a public health crisis of biblical 25 percent infection rate. It is clear

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00037 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.001 S26JY0 16320 CONGRESSIONAL RECORD—SENATE July 26, 2000 that the only hope for these countries been absent AIDS. AIDS consumes Only bashing pharmaceutical compa- is a cure: that means, developing an ef- more than 50 percent of already meager nies is not helpful in the fight against fective vaccine and assuring its afford- health budgets. In many African coun- AIDS, and the participants at the able distribution. tries, the total annual per capita International Conference on AIDS And, we have a responsibility to act health-care budget is $10. 80 percent of rightly passed a resolution in support in this increasingly intertwined world the urban hospital beds in Malawi are of the tested science of AIDS. because, together with all the benefits filled with AIDS patients—all is a di- One can argue—and I do not at all associated with globalization, we also rect threat on evolving democratic de- subscribe to that argument—that Afri- now are facing a range of new threats velopment and free-market transition. ca does not matter to the security in- that know no borders and move with- Mozambique and Botswana have two of terests of the United States. Some even out prejudice—international crime, the world’s fastest growing economies mock the suggestion. I believe that cyber-terrorism, drug-trafficking and but this economic growth cannot be this is not an issue of which any decent infectious diseases. maintained when those countries’ rational human being can be We are seeing a rise in the number of workforces are being decimated with dismissive. One humanitarian terms, previously unknown lethal and potent the daily deaths of hundreds of people on political terms, on cultural terms, disease agents identified since 1973— in their most productive years. In the on economic terms, on historical the ebola virus, hepatitis C, drug-re- Cote d’Ivoire, a teacher dies of com- terms, no one should dare be sistant tuberculosis, West Nile virus plications associated with AIDS every dismissive. We are linked to everything and HIV. These diseases affect all of us, school day. In South Africa, businesses that is happening in Africa, starting including American citizens. New owners often hire and train two em- back to our nation’s and civilization’s Yorkers know the scare associated ployees for one job, knowing that one earliest history, and we are now tied by with these heretofore unknown dis- will probably die from AIDS. the new forces of globalization and eases—last summer New York City was As we celebrated the passage this technology. And I hope that we will al- held captive by an encephalitis scare year of the Africa Trade bill, how can ways be tied by who we are and what and new outbreaks this year have al- we seriously think that a vibrant mar- we are as nation. This really tests the ready been spotted in pigeons. There ket for products or investment can be fiber of our country, in a sense, and was a shock in the scientific commu- formed on a continent which will lose questions whether we are prepared to nity when it was discovered that out- up to 20 percent of its population in the deal with this threat. break of the mosquito-borne disease in next decade? To lure investors, the But even if you subscribe to the view New York was not, as scientists had be- continent has already had to battle that the AIDS disaster in Africa is not lieved, St Louis encephalitis: instead, underdevelopment and racism, but a threat to our national security, you it was a deadly variant of West Nile now, some people in the developed have to at least recognize that unfet- virus, a disease hitherto found only in world will see Africa as only as a place tered spread of this horrendous virus to Africa, the Middle East and parts of of disease. This is wrong and it is a di- other regions of the world—including West Asia. United States health offi- rect threat to our national economic North America—is certainly a threat. cials now fear that the disease may interests. As goes Africa, so goes India and now become prevalent in the Ameri- Governments are not immune. This China—and no one in this Senate can cans. Similarly, it is foolhardly and epidemic is causing leadership crises in make the argument that an India or a dangerous to believe that any infec- some African countries. President Ben- China, destabilized by a public health tious disease can be adequately con- jamin Mkapa of Tanzania reported last catastrophe, can be ignored in terms of tained in one region. We are all at-risk. week that ‘‘some ministries lose about our national security interests. Militaries are not immune; in fact, 20 employees each month to AIDS.’’ The window of opportunity is now they are in some cases even more sus- African governments are grappling open to making a real difference in Af- ceptible to upheaval and instability with the devastation wrought by HIV rica and improving global health, and from infectious diseases, especially on their economies and their societies. that is why I am so pleased that the AIDS. Some militaries in Africa have It is difficult to fathom the challenges Senate is acting with all dispatch to HIV-infection rates which top 40 per- they face with this public health crisis, make a significant contribution to cent. These military forces could be and some of the actions sometimes baf- fighting the epidemic in Africa. This part of the solution for democratiza- fle western observers. Some critics bill builds upon the work of many of tion in Africa in terms of peacekeeping have recently pointed to the questions our most thoughtful and distinguished and conflict prevention; instead, Afri- raised by President Thabo Mbeki of colleagues. It includes initiatives that can armed services are losing their South Africa as to the origins of AIDS Congresswoman NANCY PELOSI, Senator military effectiveness and adding to and as to the proper course of treat- FRIST and I began many months ago to the social instability. ment. When it comes to dealing with speed vaccine development, to deal It is projected that Africa will be AIDS, there are moral questions, there with AIDS orphans and to alleviate the home to 40 million children, orphaned are budgetary constraints, there are suffering of those infected with HIV on by AIDS, by the year 2010. Zambia is a political decisions. But there are also the African continent. It also incor- country of 11 million people—half a some biomedical truths. Senator FRIST porates the plan Senator FRIST, Con- million of them will be AIDS orphans. and I have discussed these issues with gressman LEACH and I have devised to We know from other regions of the the distinguished ambassador from inaugurate AIDS prevention grants world—like Cambodia and Burma—that South Africa and followed up with from the World Bank. Senator DURBIN exploited children are common targets President Mbeki when he came to and I proposed a plan to assist AIDS by rogue militias and narco- and other Washington on a state visit. Leader- orphans, and the spirit of that legisla- criminal organizations. It is clearly in ship is necessary from both the United tion is found throughout this bill. Sen- our interest to stem this activity. States and from Africa—this issue can- ator BOXER and Senator GORDON SMITH Likewise, economies are not im- not be solved by one nation alone. But have called for funding increases to mune. In fact, development of the last no one country can ignore it either. AIDS prevention programs in Africa; 20 years is being reversed in the coun- President Mbeki has focused his atten- Senator MOYNIHAN and Senator FEIN- tries hardest-hit by AIDS. AIDS cost tion on fighting the AIDS epidemic by GOLD have a proposal to target money Namibia almost 8 percent of its GDP in fighting poverty. In his remarks in to prevent further infection among in- 1996. Tanzania will experience a 15 to 25 Durban, he missed an opportunity by fants. Their contributions can be seen percent drop in its GDP because of refusing to state unequivocally that in this bill. AIDS over the next decade. Over the HIV causes AIDS. And, I fear, his ques- The work of the appropriators has next few years, Kenya’s GDP will be tions will allow those who engaged in been and will continue to be vital in 14.5 percent less than it would have risky and unsafe practices to continue. funding programs to assist Africa. I

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00038 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.001 S26JY0 July 26, 2000 CONGRESSIONAL RECORD—SENATE 16321

commend Senator LEAHY and Senator tive partnerships with the private sec- I am particularly pleased that this MCCONNELL for increasing funding for tor. The bill provides support to the legislation includes two bills that I in- the existing appropriations accounts Global Alliance for Vaccines and Im- troduced earlier in the 106th Congress. on global health in the Foreign Oper- munizations and to the International In February, I introduced the Global ations bill and I am very grateful that AIDS Vaccine Initiative, so that even AIDS Prevention Act (S. 2026). This they have agreed to fund the Global Al- as we address the urgent needs of the legislation authorizes $300 million in liance for Vaccines and Immunizations present, we work toward a solution in bilateral aid for those nations most se- (GAVI) which I have been urging for a the future. The bill insists that AIDS verely affected by HIV and AIDS. It year now. education be provided to troops trained calls on the United States Agency for I would also like to acknowledge the under the auspices of the African Crisis International Development to make significant contribution of the distin- Response Initiative. It recognizes the HIV and AIDS a priority in its foreign guished Senator from North Carolina, inextricable link between HIV/AIDS assistance program and undertake a Mr. HELMS. I commend the Chairman and the resurgence of tuberculosis. It comprehensive, coordinated effort to and our ranking member, Senator goes beyond the President’s request combat HIV and AIDS. This assistance BIDEN, for their leadership. They have and beyond anything that this Con- will include primary prevention and ensured that this session will not close gress has contemplated since the epi- education, voluntary testing and coun- until we have passed the largest single demic began. seling, medications to prevent the response by our Nation to the global The bill is not perfect, of course. The transmission of HIV and AIDS from AIDS epidemic. needs are great and the problem multi- mother to child, and care for those liv- It is my hope that the other body faceted. I would still like to see this ing with HIV or AIDS. will move to pass these vital proposals Congress address the important issue H.R. 3519 also includes legislation I with all necessary speed. It is clearly of access to pharmaceuticals, and to introduced last year, the International in our national interests—security, put strong language into statute that Tuberculosis Control Act (S. 1497). This economic, political, health and moral— would prohibit the executive branch bill authorizes $60 million in aid to to do all we can to solve this crisis. Let from pressuring countries in crisis to fight the growing international prob- me be clear on this, Mr. President, my revoke or change laws aimed at in- lem of tuberculosis. With this legisla- commitment to this issue is not transi- creasing access to HIV/AIDS drugs, so tion, the United States Agency for tory. I will not rest on this legislative long as the laws in question adhere to International Development will coordi- victory. I will be back next year and existing international regulations gov- nate with the World Health Organiza- every year after that until this public erning trade. This bill does not absolve tion, the Centers for Disease Control, health disaster is over. this Senate of a continued responsi- the National Institutes of Health, and Mr. FEINGOLD. Mr. President, I rise bility to address the global AIDS crisis. other organizations toward the devel- in support of the Global AIDS and Tu- But it is remarkable, all the same. opment and implementation of a com- berculosis Relief Act of 2000. This bill This bill has the unanimous support prehensive tuberculosis control pro- recognizes the awesome and terrible of the Senate Foreign Relations Com- gram. This bill also sets as a goal the scope of the HIV/AIDS epidemic, and mittee. Senators HELMS, BOXER, FRIST, detection of at least 70 percent of the responds with what is truly required to KERRY, and BIDEN have worked on it cases of infectious tuberculosis and the address it—a program far more com- tirelessly. It includes provisions origi- cure of at least 85 percent of the cases prehensive and substantial than what nally drafted in the Mother-to-Child detected by 2010. is entailed in the status quo. HIV Prevention Act, a bill authored by H.R. 3519 has other important provi- The numbers one must use to de- Senator MOYNIHAN of which I was sions as well. The bill includes a $10 scribe the crisis are numbing. More proud to be an original co-sponsor. It million contribution to the Inter- than 70 percent of all people living with reflects the admirable work of the national AIDS Vaccine Initiative and a AIDS live in sub-Saharan Africa, and House and in particular of Congress- $50 million contribution to the Global as the ranking member of the Senate woman BARBARA LEE and Congressman Alliance for Vaccines and Immuniza- Subcommittee on Africa, I have seen LEACH, and it should reach the Presi- tions. It also contains provisions call- firsthand the devastating toll that the dent’s desk quite quickly. Rarely does ing for the establishment of a World disease has taken in the region. In Af- such a substantive, ground-breaking Bank AIDS Trust Fund with the Sec- rica alone, 15,900,000 people have died bill enjoy this degree of bipartisan con- retary of the Treasury authorized to because of AIDS, and the World Bank sensus. It is a tribute to my colleagues provide $150 million for payment to the has identified the disease as the fast- and a testimony to the undeniable fund. est-growing threat to development in magnitude and urgency of the crisis I want to thank all of the members of the region. Life expectancies are drop- that the Senate stands ready to pass the Senate Foreign Relations Com- ping dramatically, and the social fall- this legislation today. mittee for their work on this legisla- out from this horrific upheaval has Just days ago, U.S. Ambassador to tion. I am particularly grateful for the forced us to confront the disease not the United Nations Richard Holbrooke efforts of Chairman HELMS in pushing just as an epidemiological threat, but testified before the Senate Foreign Re- this bill forward. as a security threat as well. Nearly lations Committee. When he was This is an important step in the fight 4,500,000 children have HIV and more speaking about the AIDS crisis, he against AIDS and TB. I have no doubt are being infected at the rate of one spoke of its impact and of the place the that greater resources will be needed in child every minute. According to epidemic has already taken in history, future years to continue this effort. I UNAIDS, by the end of 1999, AIDS had and said, ‘‘All of us will have to ask am hopeful that the Senate will con- left 13,200,000 orphaned children in its ourselves, when our careers are done, tinue to treat the issue of infectious wake. did we address this problem?’’ This bill diseases with the seriousness it de- This bill is a serious effort to con- is an important part of the answer to serves. front this monstrous crisis. It will pro- that question. There are 34 million people today liv- vide hundreds of millions of dollars in Mrs. BOXER. Mr. President, today ing with HIV/AIDS, and one-third of assistance to strengthen prevention ef- the Senate is taking a big step forward the world’s population is infected with forts, to combat mother-to-child trans- in the fight against international AIDS tuberculosis. Much more needs to be mission, to improve access to testing, and Tuberculosis. Today’s passage of done, and I am proud of the Senate for counseling, and care, and to assist the H.R. 3519, the Global AIDS and Tuber- taking this action today. orphans left in the wake of the disease. culosis Relief Act of 2000, will help Mr. BENNETT. Mr. President, I ask Through a new AIDS trust fund, it will those throughout the world who are unanimous consent that the bill be leverage U.S. assistance with a multi- suffering from these deadly infectious read a third time and passed, as amend- lateral approach and through innova- diseases. ed, the motion to reconsider be laid

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00039 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.001 S26JY0 16322 CONGRESSIONAL RECORD—SENATE July 26, 2000 upon the table, and that any state- He told me: Senator, you can go to start talking like that. They come ments relating to the bill be printed in Utah. I will see to it that the amend- back to you—these are my constitu- the RECORD. ments that we vote on on Monday will ents—and they say: Why aren’t you The PRESIDING OFFICER. Without not be so close that your vote would getting your work done? objection, it is so ordered. have made that much of a difference. When you have to make these kinds The bill (H.R. 3519), as amended, was So I went to Utah. When I got back, of explanations, the public gets impa- read the third time and passed. I said to my staff: How many votes did tient, which plays into the hands of f I miss and how important were they? I those whose electoral strategy is run TREASURY AND GENERAL GOV- found out I didn’t miss any votes. The against a do-nothing Congress. I have ERNMENT APPROPRIATIONS ACT Senate didn’t vote. Why? The Senate started to use that language, as I ex- OF 2001—MOTION TO PROCEED— didn’t take up the bill. Why? Because plain to my constituents why we are Continued the minority objected to the motion to not getting the people’s work done. I proceed, and the majority leader was say to them very deliberately—and it Mr. BENNETT. Mr. President, I will required to file a cloture motion on the pains me because I do not want to cast now turn to the subject that has been motion to proceed to consider the bill. clouds over this institution, but I be- raised today and yesterday and last I have made the statement in this lieve I have to say it anyway—there week and repeatedly in the last few Chamber before that based on my expe- are those who want to run against a do- weeks. That is the subject of why the rience, I can remember a time when no nothing Congress who are determined Senate is not proceeding on the pace one ever objected to a motion to pro- to create a do-nothing Congress. And in and with the vigor we all think it ceed. A filibuster on the issue of the the Senate, the rules are such that you should. We have heard from the Sen- motion to proceed was something that can do that. The rules are such that ator from Rhode Island and others was unheard of from either side. We even if you are in the minority, if you today about how the majority leader have been told this afternoon ‘‘couldn’t want to bring this place to its knees has somehow dictatorially brought ev- we go back to the time when people got and bring it to a halt, you can do that. erything to a terrible halt and along with each other’’ from the same I have been in the minority. I have wouldn’t it be wonderful if we went side of the aisle that has said: We will heard some of my fellow party mem- back to the great spirit of cooperation filibuster the motion to proceed. bers in the minority say: We have to and comity that allows us to get things So the majority leader had to file a bring this place to a halt; we have to done. I agree absolutely that it would cloture petition. He filed the cloture shut it down. I am glad I didn’t partici- be wonderful to return to the spirit of petition. We voted on it. When we pate in the attempts on the part of the cooperation and comity that would voted on it, it was passed overwhelm- minority to shut this place down when allow things to be done, but I think it ingly, if not unanimously. That raises George Mitchell was the majority lead- is pointing the finger in the wrong the question: Why did we go through er; when George Mitchell did many of place to attack the majority leader. this exercise? Why couldn’t we have Let me share with you my experience the things that TRENT LOTT is now this last week. Monday of this week been on the bill at the time we were being accused of doing; when George was July 24, which in my home State is scheduled to be on the bill? Why are we Mitchell said: We have to do the peo- the biggest day of the year. July 24 in this situation now when we are ple’s business, even if it means, as ma- happens to be the day that Brigham under a cloture situation running off 30 jority leader, I exercise something of Young and the first group of Mormon hours on the clock so we can then fi- an iron fist to make sure we do the pioneers entered Salt Lake Valley and nally get around to voting on the bill, people’s business; I will do it and we put down roots that have now become knowing that as soon as we get will get the people’s business done. not only Salt Lake Valley but the through with this one, there will be an- Those on this side of the aisle who said State of Utah. Every year we celebrate other one where there will be objection in my hearing, ‘‘let’s shut this place that historic event with a major pa- to the motion to proceed, the require- down,’’ did not prevail. rade. It is one of the requirements for ment that a cloture petition be filed, I did not participate with them, and a politician to be in that parade. Sen- and the running off the clock again? I am proud of that fact, that we did not ator HATCH and I always confer about There are various ways to defeat leg- attempt to shut this place down. Were whether or not we will be able to make islation. One of them is to delay it. I we frustrated? Absolutely. Were we the parade because we don’t want to said once before, I worry this Chamber upset? Absolutely. Did we engage in miss votes. There have been times has started to move from being the filibusters, yes, straight up. My as- when we have had to miss the parade world’s greatest deliberative body to signed time was from 1 to 2 o’clock in to be here to do our appropriate duty. being the world’s greatest campaign the morning in a filibuster, when On Friday of last week, I went to the forum. I am distressed by reports in George Mitchell said: If the Repub- staff of the leadership and said: What is the popular press that say that the licans are going to filibuster us, let’s going to happen on Monday? I was told: Vice President and his party intend to go around the clock. I was very up We will be on energy and water. There run against a do-nothing Congress. We front about it. I believed the bill that will be amendments and there will be are doing everything we can to make we were talking about was sufficiently votes. this a do-something Congress, but bad that I was willing to take my turn I then went to the subcommittee there are forces at work to try to cre- from 1 to 2 o’clock in the morning to chairman of the Appropriations Com- ate the prophecy of a do-nothing Con- see to it that the bill didn’t pass. mittee and said to him—this being Sen- gress into a self-fulfilling prophecy. That is part of the game around here. ator DOMENICI—how important will the It can be done in such a way that the That is the way the rules are struc- votes be and how many will there be? public at large doesn’t understand tured. I have no problem with that. But Senator DOMENICI said: Well, there what is going on. The public at large objecting to the rule to proceed, which will be several votes, but I think they doesn’t know what cloture means. I go is the kind of thing the public doesn’t will be relatively unimportant ones. home to my constituents and I try to understand, but that all of us under- They will not be close. explain what is going on. They don’t stand, is a stealth filibuster. It is an I said: Well, Senator, I think under understand what the motion to proceed attempt to slip under the public aware- those circumstances, I will go to Utah is. They don’t understand the rules of ness, shut this place down, and create a and ride in the July 24 parade. If you the Senate. You talk to them about situation where you can then run can assure me that it will not create an unanimous consent agreements that against a do-nothing Congress. undue hardship for you with respect to are not being agreed to, agreements I remember the first person to run passing important amendments that that are made between the two leaders against a do-nothing Congress—Harry my vote would not be absolutely essen- that then get set aside and cloture pe- Truman. I remember what Harry Tru- tial, I think I will go to Utah. titions, their eyes glaze over when you man did. It was very different from

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00040 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.001 S26JY0 July 26, 2000 CONGRESSIONAL RECORD—SENATE 16323 what is being done here. Let’s get a lit- those who are then talking about run- have been before us the longest before tle history here. ning against a do-nothing Congress. we have a vote on the judges who may Harry Truman was President of the That is what is going on here. have been nominated more recently, United States by virtue of Franklin If we have to say it again and again and it is terrible to hold a judge or any Roosevelt’s death. He had not run for and again, so that our constituents fi- nominee for a long period of time. We President, he had not been elected, and nally begin to understand it, I am will- need to give him or her a vote. We need he was not very popular in the country. ing to say it again and again and again. to bring the names to the floor of the The Republicans controlled both We have discovered that one of the Senate, and the minority leader should Houses of Congress as a result of Harry strategies being played out in this decide which name is brought to the Truman’s lack of popularity, and they great campaign forum is to take an floor of the Senate. were absolutely sure they were going amendment that is seen as a tough po- I remember when I first came to this to win the 1948 election. So they were litical vote, bring it up, see it defeated, body, I was assigned to the Banking determined they were not going to pass and then the next week bring it up Committee. There was a nominee sent any legislation that Harry Truman again, and then complain when the Re- forward by President Clinton whom the could veto. They were going to wait publicans say we have already voted on chairman of the Banking Committee until Thomas Dewey became President that; we don’t need to vote on it again. didn’t like. The chairman of the Bank- of the United States, and then they Oh, yes, you do, says the leadership on ing Committee at the time was, of were going to pass their legislation for the other side; let’s vote on it again. course, a member of President Clin- a President who would sign it. If we vote on it again and defeat it, ton’s own party. But his objection, as I They held the Republican National thinking, OK, we have had a debate and understood it—and I may be wrong— Convention, and in the convention they we have taken our tough political was that this particular nominee had outlined all of the things they were votes and we have made it clear where too much Republican background on going to do, once they were in power, we stand on this issue, let’s move for- his resume, that this particular nomi- in both the Congress and the executive ward, no, we are told somehow when nee had not been ideologically pure branch. Well, Harry Truman called you want to move forward without enough for the chairman of the Bank- their bluff. Harry Truman said: If bringing up this amendment again: ing Committee. that’s what the Republicans really will You are thwarting the will of the Sen- As I say, that is my memory, and I do when they are in charge, let them ate; you are turning the Senate into could be wrong. But that was the very do it now. He called the Congress back another version of the House of Rep- strong position on the part of the into session after the Republican con- resentatives if you won’t let us vote on chairman of the Banking Committee. vention and said to them: Here is your this controversial amendment a third That nominee didn’t come up for a opportunity. Here is your platform. time. hearing before the Banking Committee Pass your platform. If it gets voted on a third time, then for the entire 2 years that the Demo- Well, Robert Taft, who was the domi- it comes up a fourth time. If it gets crats controlled the Banking Com- nant Republican—the man whose pic- voted on a fourth time, it comes up a mittee and that man was the chair- ture graces the outer lobby here as one fifth time. Every time the majority man. Any attempt on the part of any- of the five greatest Senators who ever leader says: We have done that, we body else to get that particular nomi- lived—made what I think was a mis- have debated that, we have voted on nation moving was thwarted by the calculation. He thought Harry Truman that, he is told: No, if you take a posi- chairman. was so unpopular in the country at tion that prevents us from voting on it Now, what if the then-minority lead- large that the Congress could thumb again, you are destroying the sanctity er, Senator Dole, had come to the floor its nose at the President of the United of this institution. and said we will not allow anything to States, and he said: We are not going Well, now we are being told we are go forward until this nominee comes to to do anything in this special session interfering with the President’s con- the floor for a vote? that the President has called us into. stitutional right to appoint judges. I How would people have reacted to We are not going to play his game. find that very interesting because this that kind of action on the part of the So the Republican Congress ad- Congress has confirmed more judges in minority leader if the entire minority journed after that special session with- an election year than previous Con- had gathered around him, and said: We out having done anything—delib- gresses. Quoting from my colleague, will stand with you, we will filibuster erately, without having done anything. the chairman of the Judiciary Com- the motion to proceed, and we will do Harry Truman then went out and ran mittee, and therefore in a position to everything we can to bring the Senate against the do-nothing 80th Congress have the statistics, there are fewer va- to a complete halt until this nominee and got himself elected in his own cancies in the Federal judiciary now that has languished in the Banking right as President of the United States. than when the Democrats controlled Committee for almost 2 years is It was one of the great political moves the Congress and the Republicans con- brought forward? I am pretty sure I of this century. trolled the White House in an election know what George Mitchell would have That is not what we are dealing with year. If I may quote from Senator told Bob Dole. I am pretty sure I know here. We are not dealing with a Repub- HATCH: what the majority leader would have lican Party that doesn’t want to act. Democrats contend that things were much said under those circumstances. It We are not dealing with a Republican better when they controlled the Senate. probably would not be as mild as the Party that doesn’t want to solve the Much better for them, perhaps. It was cer- comments TRENT LOTT is currently people’s problems. We are dealing with tainly not better for many of the nominees making about the present demands of Presidents Reagan and Bush. At the end of a Republican Party that is trying des- the Bush administration, for example, the that are being made with respect to perately to perform the one absolutely vacancy rate stood at nearly 12 percent. By specific judges by name—not the agree- required constitutional function that contrast, as the Clinton administration ment that the minority leader and the the Congress has, which is to fund the draws to a close, the vacancy rate stands at majority leader made where the major- Government. We are trying to pass ap- just 7 percent. ity leader said: All right, we will move propriations bills to fund the Govern- Well, turning it around, the vacancy forward on judges; we will bring a de- ment, so that there will not be a Gov- rate we are facing now is roughly half termined number of judges forward— ernment shutdown, there will not be a that which a Democratic Senate gave but to say, no, we are now changing, continuing resolution, there will not be to President Bush as he was facing re- and we are demanding a specific name a crisis at the end of the fiscal year. election. Oh, but we are being told: No, be brought forward or we will shut the When we try to move to the bills that there are judges who have languished whole place down, and then come to will fund the Government, we run into for a long time; therefore, we should the floor and say somehow the work of procedural roadblocks on the part of have a vote on the judges whose names the people is not getting done.

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00041 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.001 S26JY0 16324 CONGRESSIONAL RECORD—SENATE July 26, 2000 I am willing to take the tough votes a period for morning business until the Mr. BENNETT. Mr. President, in that are being referred to on the floor. Senate completes its business today, light of this agreement, a rollcall vote I have taken the votes on guns. I have and that the preceding all occur with- will occur at 5 p.m. today on the mo- taken the votes on abortion. I have out any intervening action or debate. tion to proceed to the intelligence au- taken the votes on minimum wage. I I announce that the cloture vote re- thorization bill. Another rollcall vote have taken the votes on Patients’ Bill garding the motion to proceed to the will occur at approximately 11:30 a.m. of Rights. I have taken the votes on intelligence authorization bill which on Thursday on the motion to proceed prescription drugs for seniors. I have a will occur at 5 p.m. this evening will be to the energy and water appropriations record now that I will have to stand the last vote today. We would then go bill. and defend before my constituents. into a period for morning business and I thank the Senator from Oregon. Those votes have been taken because conclude the session for the day with The PRESIDING OFFICER. The Sen- the minority has had the right to bring the exception of any conference reports ator from Oregon has the floor. up every one of those issues and de- or wrap-up items that may be cleared Mr. HARKIN. Mr. President, will the mand a rollcall vote. for action. Senator yield for a unanimous consent I don’t apologize for the fact that I I further ask unanimous consent that request? backed the majority leader in his posi- when the Senate completes its business Mr. SMITH of Oregon. I would be tion that we don’t need to take those today it stand in adjournment until happy to yield for a unanimous consent votes again. While we are in the proc- the hour of 9:30 a.m. tomorrow; that request. ess of trying to fund the Government the call of the calendar be waived and Mr. HARKIN. Mr. President, I ask and discharge our constitutional re- the morning hour be deemed to have unanimous consent that when the Sen- sponsibility, we don’t need to sidetrack expired; that there then be a period for ator from Oregon finishes his remarks, that business to go over old ground. If eulogies for our former colleague Sen- the Senator from Iowa be recognized to there is an election that has come up ator Coverdell as previously ordered; make some remarks. so that there are new people here and that following the swearing in of our The PRESIDING OFFICER. Without the electoral balance has shifted, it ob- new colleague, ZELL MILLER, at 11 a.m. objection, it is so ordered. viously makes sense to take those and his eulogy of Senator Coverdell, The Senator from Oregon. votes against. But to have the same the Senate adopt the motion to proceed Mr. SMITH of Oregon. Mr. President, people in the same Chamber in the to the intelligence authorization bill, if I thank you for the time. I am here same Congress in the same session re- its pending, and then vote on the clo- today at the request of my leader. I am peat the votes again and again and ture vote on the motion to proceed to here today to talk to the people of Or- again doesn’t make any sense when the the energy/water appropriations bill, egon and to the American people. process of debating each one of those and that the preceding all occur with- I am often asked in townhall meet- votes again and again and again delays out any intervening action or debate. ings why it is that we don’t seem to be the whole legislative process to the The PRESIDING OFFICER. Is their getting much done. Every time people point that we get to what I sadly have objection? turn on C-SPAN they see Republicans come to the conclusion is the goal Mr. REID. Reserving the right to ob- and Democrats bickering. I have said here, which is to create a do-nothing ject, Mr. President, I want to say to to them: I know it is frustrating. I Congress so that some people can run my friend from Utah, for whom I have know you do not like it. I know it against a do-nothing Congress. the highest regard, he is a great Sen- sometimes isn’t pleasant. But, frankly, If it means the majority leader has to ator. I have personal feelings toward rather than criticize it, we ought to get as tough as George Mitchell, if it him that he understands. But I want to celebrate it because this is the way we means the majority leader has to be as just say a couple of things before we go about the business of government of firm as his predecessors, who were settle this little bit here. a free people—of exchanging ideas, and Democrats who were firm in order to I served under George Mitchell. using words as our weapons and not ac- move the people’s business, I support Never did Senator Mitchell prevent the tually bullets. the majority leader. It does not dis- minority from offering amendments. This contest between Republicans grace this body. It does not take this That is our biggest complaint in this and Democrats is not an unhealthy body away from its traditions. It is in body—that the majority will not allow thing. But I must admit to the Amer- the tradition of the body to move legis- the minority to offer amendments. We ican people and to the people of Oregon lation forward and get the people’s believe the Senate should be treated as that what I see happening on the Sen- business done. it has for over 200 years. If that were ate floor right now is nothing to be I applaud Senator LOTT for his cour- the case, we wouldn’t be in the situa- celebrated. age and his leadership in moving us in tion we are in now. I came to the Senate looking for so- that direction. I also say to my friend that the per- lutions—not looking for a fight. I don’t I yield the floor. centage on the judges doesn’t work be- mind a good debate. I don’t mind dif- The PRESIDING OFFICER. The Sen- cause we are dealing with a larger ferences of opinion. I don’t mind taking ator from Oregon is recognized. number. Of course, if you have a larger tough votes. Frankly, I have learned Mr. BENNETT. Mr. President, will number of judges, which has occurred that the tough votes are sometimes the the Senator yield for a leadership mo- since President Reagan was President, most memorable because they are dif- tion? you could have a smaller percentage. ficult. They set you apart. They make The PRESIDING OFFICER. The Sen- That means a lot more judges. As we you come to a choice. Like Senator ator from Oregon has the floor. know, you can prove anything with BENNETT said, I have taken all of these Mr. SMITH of Oregon. I yield to the numbers. tough votes that my Democratic Senator to make a request. I also say that one of the problems friends have wanted me to take, and UNANIMOUS CONSENT AGREEMENT we have with judges is my friend from they have taken some that we wanted Mr. BENNETT. Mr. President, I ask Michigan has one judge who has waited them to take. However, I have to say unanimous consent that at the hour of 1,300 days. That is much shorter than that now is not a moment to be cele- 5 p.m. the Senate proceed to adopt the the 2 years my friend talked about in brated because of what I have been motion to proceed to the Treasury/ regards to the Banking Committee. In hearing since I came back from this Postal appropriations bill; that imme- fact, I think the majority is protesting last weekend. diately after that the Senate vote on too much. I have heard from colleagues on both cloture on the motion to proceed to the I withdraw my objection. sides of the aisle that this session of intelligence authorization bill; that The PRESIDING OFFICER. Is there Congress is essentially over, that right immediately after that vote, regardless objection? now politics is going to prevail over of the outcome, the Senate proceed to Without objection, it is so ordered. policy, and that there will be gridlock

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00042 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.001 S26JY0 July 26, 2000 CONGRESSIONAL RECORD—SENATE 16325 until the election so that the greatest over there; I know otherwise. There are Don’t the American people want Con- political advantage can be made out of good people there. But we have a dif- gress to be responsible for this? I put the Congress. ference of belief in how the public is everyone on notice, I am being told in I am disappointed in that. I didn’t best served. I think they want more the Budget Committee that $80 billion come here for that. I didn’t fight as equality. I think we want more liberty. won’t even begin to cover this. Now hard as I did to win a seat in this body That is the context of the debate here. what we are looking at under the to just play that kind of a game. I want the American people to know President’s program, is a one size fits I find on the Democratic side people I will defend my vote to my own grave all plan. A Government bureaucrat will of honor and good will. I hope they find to eliminate the estate tax. I believe be in your medicine cabinet and mak- that in Republicans. Frankly, I think the way we have shifted it to a capital ing choices for your health. A plan, by we are allowing the worst of our na- gains as the incidence of taxation is far the way, that doesn’t even take effect tures to take over right now. I am dis- more consistent with notions of free- when we pass it—3 years hence. How is appointed. I am very disappointed. dom than reaching into somebody’s that keeping faith with the American I understand that the White House is grave and saying we are going to dis- people? They cannot even begin to tell now telling our leaders that unless we tribute it a new way, a Government you what it costs. accede to every one of the President’s way. That is not the America that I be- This is not the way we should make demands, that we will be blamed for lieve in. these fundamental decisions about the shutting the Government down because When it comes to the marriage pen- health of the American people and the he won’t sign any tax cut, he won’t alty tax cut, they are complaining health of our Government’s budgets. I sign any appropriations bill. We are again that too few people will benefit. hope everybody understands that. I am just going to be made the victims of You say it affects people disproportion- being told that come October 6, when this. I say to my friends in the White ately. But many married people will we are supposed to sine die, if we House, this is an overreach. This goes benefit. Again, it is hard to give tax haven’t passed the President’s version too far. cuts to those who don’t pay taxes. I am we are going to be put in a position The American people will judge this not ashamed of voting to cut taxes for that we are made to look as if we are for what it is. I think we owe the married people. Some people say that shutting the Government down. American people something better is unfair. However, I think we ought to People of America, you do not want than that. I think we owe them the incentivize marriage. It is a corner- Congress making these fundamental ir- truth. I think we owe them our best ef- stone of our society. Take religion out reversible decisions on such a basis. forts. I think the politics shouldn’t be of it. Sociologists and psychologists These are important issues. We should so blatantly transparent that it brings will say for a child to have the best not be giving in to this kind of polit- shame upon the Senate. chance in life they need a mom, they ical pressure for expediency, for an I am here with a heavy heart because need a dad. Those are the kinds of election. We should do it carefully. We I want to get something done. I have things we ought to be incentivizing— should do it right. When it comes to sat in the chair many times and begun not penalizing. prescription drugs, I will spend what I to see this filibuster mentality build up Without any embarrassment, I am have to make sure you have a choice, among the minority that rails against proud to have voted to end the mar- that it is voluntary, and that it is af- these tax cuts that we have passed, to riage tax penalty and the death tax fordable. eliminate estate taxes, to eliminate penalty. These are bad tax policies. We Under the President’s plan, I bet the marriage penalty. They don’t have have voted to end them. If they don’t there is better than half of the Amer- to like it, they voted against it. like the distribution of them, fine. But ican people who would be eligible for I will say why I voted for them. we have cast these votes. They voted it, who would not pay less for prescrip- There is an overarching reason why I one way; we voted another. We have tion drugs, yet would be forced to pay vote for tax cuts. I believe in times of taken their tough votes. As Senator more. Is that what we want? That is surplus and prosperity there is a point BENNETT said, we have taken the gun not voluntary. That is about Govern- when we can say we are taking too votes. We have taken the votes on ment central planning. That is about a much and we believe it can do more abortion. We have taken a whole range bureaucrat in your medicine cabinet. good in the general economy and we of votes. We have taken a vote against That is a plan for which I will not vote. will put some back. Tax cuts go to tax- their prescription drug plan. I believe in the marketplace. I be- payers. When it comes to specific Let me go to prescription drugs for a lieve in freedom. I believe Government taxes, for example, the estate tax, I minute. I am a member of the Budget has a role. I believe we ought to have a will state why I voted to change the Committee. I have sensed in the people safety net. But I don’t believe we ought nature of that tax, to eliminate the in- of Oregon a real desire for a prescrip- to be going to a system that says the cidence of debt as the tax, and to shift tion drug benefit. I want to deliver for Government knows best and a bureau- it over to the sale of an asset as the in- that. Because of that, I went into the crat can tell you what pill you need to cidence of taxation. I don’t believe it is Budget Committee when we created take. any of the Government’s business how this template in the U.S. budget, deter- I have talked about taxes. I have my heirs receive my estate. I think mined to stand with my colleague, RON talked about the budget. I have talked that is about freedom. I think that is WYDEN, to accede the President’s re- about prescription drugs. about people saying: I am going to quest for a prescription drug benefit. Let me end by talking a little bit work hard and I will accumulate what The President requested $39 billion. about this other great frustration I I can, and I want to determine how my RON, OLYMPIA SNOWE, and I decided to- hear from the people of Oregon and sons and my daughters receive my es- gether we have a majority if the Demo- that is the cost of gas, the cost of en- tate. Then if my heirs are unwise, the crats will vote with us. We felt strong- ergy. marketplace will redistribute that in- ly that we should deliver on this prom- There is plenty of blame to go come because of poor choices. ise and this need. around, I am sure. I am not defending I don’t think it is the Government’s We got the Budget Committee to ex- big oil. I am not defending the Govern- business to say we are going to deter- ceed the President’s request of $39 bil- ment, either. But what I am telling mine how this money is redistributed. lion. We went to $40 billion. However, I you is our country has an enormous It is a difference of who you trust. Do was a little bit discouraged—even felt trade deficit because we are spending you trust Government? Or do you trust somewhat betrayed—when a few over $100 billion per year on foreign oil. freedom? Do you trust people? Or do months later the President says, just When President Carter was the Presi- you trust central planning? That is kidding, we need $80 billion. Double? dent, we had gas lines and we had why I am on this side of the aisle— not From where did the original $39 billion shortages. I remember waiting over an because I think there are bad people come? Why all of a sudden, $80 billion? hour every time I went to get gasoline.

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00043 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.001 S26JY0 16326 CONGRESSIONAL RECORD—SENATE July 26, 2000 When that occurred, our country was The tracks, the infrastructure is not CLOTURE MOTION 36-percent dependent on foreign oil. We there to do all the railing. So then you We the undersigned Senators, in accord- are 56-percent dependent now. Do you go to trucks, internal combustion en- ance with the provisions of rule XXII of the know why? Because in the life of this gines. Guess how many trucks it takes: Standing Rules of the Senate, do hereby administration we have had over 30 oil Four barges versus 539 large ‘‘semi’’ move to bring to a close debate on the mo- refineries close; we have had leases trucks. Guess what creates pollution. tion to proceed to calendar No. 654, S. 2507, canceled; we have had no development; the Intelligence Authorization Act for fiscal Guess what creates damage to your year 2001: and we have had an increasing depend- roads. That will do it. Trent Lott, Richard Shelby, Connie ence—not less—on foreign oil. I tell the I want to be fair about this. When we Mack, Ben Nighthorse Campbell, Mi- American people, that is why you are are becoming so dependent on foreign chael D. Crapo, Rick Santorum, Wayne paying too much. That is why you are oil, so dependent upon foreign energy, Allard, Judd Gregg, Christopher Bond, paying more than you need to, because so dependent as a superpower on oth- Conrad Burns, Craig Thomas, Larry E. we are being held hostage to a cartel of ers, I think it is very imprudent to Craig, Robert F. Bennett, Orrin Hatch, foreign nations—many that wish us ill, begin tearing out our energy infra- Pat Roberts, and Fred Thompson. many that would like to put us over an structure. The PRESIDING OFFICER (Mr. oil barrel and push us over. So I will close, and I say again with VOINOVICH). By unanimous consent, the I am saying I don’t like drilling for a heavy heart, I think right now poli- mandatory quorum call rule has been oil. Every one of us drives a car and for tics is prevailing over good policy. I waived. a lot of us, the oil that drives that car think that is too bad. But let me tell The question is, Is it the sense of the is refined in Texas. Everyone of us you, the real losers will be the Amer- Senate that debate on the motion to likes the freedom of an automobile. ican people if the Republican majority proceed to the consideration of S. 2507, Frankly, I would rather say to the caves in to the kind of tactics that say a bill to authorize appropriations for American people: Let your sons and if you don’t take everything we want the fiscal year 2001 for intelligence and daughters drill for oil so they do not we are going to make you look like you intelligence-related activities of the have to die for oil. We are setting them shut the Government down. U.S. Government, the Community up to die for oil if we do not figure out There are a lot of us who are ear- Management Account, and the Central some better balance between produc- nestly striving to do our duty, as is in- Intelligence Agency Retirement and tion and conservation. Disability System, and for other pur- Conservation is important. I vote for cumbent upon the majority, to move the business of the people while at the poses, shall be brought to a close? The conservation initiatives. But it is not yeas and nays are required under the the whole answer. You have to produce same time being fair to the minority. rule. The clerk will call the roll. something. A third of our trade deficit But how many times do we have to The assistant legislative clerk called is due to foreign oil. If you want an cast the same votes? Please, help us the roll. independent country, if you want an here. I plead with the President. Let’s Mr. NICKLES. I announce that the independent foreign policy, you cannot get something done. Let’s deal in good Senator from Wyoming (Mr. THOMAS) is be totally dependent, as we are becom- faith. We don’t have to let politics pre- necessarily absent. ing, on foreign oil. But there you have vail. Because if we do, the legacy of Mr. REID. I announce that the Sen- it. That has been the policy of this ad- this President and this Congress will be ator from Minnesota (Mr. WELLSTONE) ministration. the words ‘‘it might have been.’’ Finally, our Vice President said he It ought to be better than that. But is necessarily absent. wants to outlaw or get rid of the inter- I, for one, believe in our Republic. I be- I further announce that, if present nal combustion engine. In my neck of lieve in our separation of powers. I will and voting, the Senator from Min- the woods, we have the incredible ben- be very disappointed in my leaders if nesota (Mr. WELLSTONE), would vote efit of hydroelectric power. We have we cave in to a King. We cannot do ‘‘aye.’’ low energy rates because of hydro- that. We are not going to cave in to a The yeas and nays resulted—yeas 96, electric power. But, guess what, they King. We need to stand up for our insti- nays 1, as follows: are talking about tearing them down. tution. Moreover, we need to pay at- [Rollcall Vote No. 228 Leg.] They want to tear out the most clean, tention to the details of our policy. Be- YEAS—96 most renewable, most affordable en- cause if we work it out with civility, Abraham Enzi Lott ergy supply that we have. Guess what we will work it out right for the Amer- Akaka Feingold Lugar happens when you do that. You lose— ican people. Allard Feinstein Mack Ashcroft Fitzgerald McCain the recreation is gone, but, more im- I yield the floor. Baucus Frist McConnell portantly, you lose the irrigation for Mr. REID. Mr. President, I suggest Bayh Graham Mikulski farmers, you lose the transportation of the absence of a quorum. Bennett Gramm Moynihan The PRESIDING OFFICER. The Biden Grams Murkowski goods from the interior all the way Bingaman Grassley Murray from Montana, Idaho, Washington, Or- clerk will call the roll. Bond Gregg Nickles egon to the Port of Portland and The assistant legislative clerk pro- Boxer Hagel Reed around the Pacific rim. You lose the ceeded to call the roll. Breaux Harkin Reid Mr. REID. Mr. President, I ask unan- Brownback Hatch Robb ability to use this system of locks to Bryan Helms Roberts move vast quantities of agricultural imous consent that the order for the Bunning Hollings Rockefeller and other commodities. quorum call be rescinded. Burns Hutchinson Roth I don’t think we want to do that. I The PRESIDING OFFICER. Without Byrd Hutchison Santorum Campbell Inhofe Sarbanes think it is very unwise. If you want to objection, it is so ordered. Chafee, L. Inouye Schumer get rid of the internal combustion en- Mr. REID. I thank the Chair. Cleland Jeffords Sessions gine —let’s examine this briefly. Right f Cochran Johnson Shelby now, to move about a half a million Collins Kennedy Smith (NH) INTELLIGENCE AUTHORIZATION Conrad Kerrey Smith (OR) bushels of grain, you need four barges ACT FOR FISCAL YEAR 2001—MO- Craig Kerry Snowe that move through these locks. Four Crapo Kohl Specter TION TO PROCEED barges use very little energy. It just Daschle Kyl Stevens floats and makes its way to the Port of CLOTURE MOTION DeWine Landrieu Thompson Dodd Lautenberg Thurmond Portland. Get rid of the locks or dams, The PRESIDING OFFICER. Under Domenici Leahy Torricelli guess what, you have to truck them or the previous order, the cloture motion Dorgan Levin Voinovich rail them. How many railcars does it having been presented under rule XXII, Durbin Lieberman Warner take to replace the four barges? It the Chair directs the clerk to read the Edwards Lincoln Wyden takes 140 jumbo railcars to move the motion. NAYS—1 same volume. The legislative clerk read as follows: Gorton

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00044 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.001 S26JY0 July 26, 2000 CONGRESSIONAL RECORD—SENATE 16327 NOT VOTING—2 How does it help Castro? I saw it for a specific license. That is needless red Thomas Wellstone myself in Havana. The Cuban economy tape which will make it harder to ex- The PRESIDING OFFICER. On this is in shambles. The people’s rights are port. Last year the bill we passed had vote, the yeas are 96, the nays are 1. repressed. Fidel Castro blames it all on no such licensing requirement. We Three-fifths of the Senators duly cho- the embargo. He uses the embargo as should strike that provision in the Ag- sen and sworn having voted in the af- the scapegoat for Cuba’s misery. With- riculture appropriations conference firmative, the motion is agreed to. out the embargo, he would have no one this year. to blame. When we begin debate on the bill, one f For the past ten years I have worked of my colleagues will offer an amend- MORNING BUSINESS towards normalizing our trade with ment to address unilateral sanctions China. My operating guideline has been on food and medicine from a different Mr. BAUCUS. Mr. President, what is ‘‘Engagement Without Illusions.’’ angle. The amendment will cut off the pending business? Trade rules don’t automatically and in- funding to enforce and administer The PRESIDING OFFICER. Under stantly yield trade results. We have to them. The House passed a similar the previous order, the Senate is now push hard every day to see that coun- measure by a substantial majority. We in morning business. tries follow the rules. That’s certainly should do the same in the Senate. f the case with China. Mr. President, I hope that all of my EMBARGO ON CUBA I have the same attitude towards colleagues will vote in favor of this Cuba. Yes, we should lift the embargo. amendment and will support the ulti- Mr. BAUCUS. Mr. President, this We should do it without preconditions mate lifting of the entire Cuba trade morning we voted on cloture on the and without demanding any quid pro embargo. motion to proceed to the Treasury- quo from Cuba. We should engage them The PRESIDING OFFICER. The Sen- Postal appropriations bill. I rise to ad- economically. But we should do so ator from Arizona is recognized. dress an issue that will certainly arise without illusions. Once we lift the em- Mr. DOMENICI. Will the Senator in the debate. The issue is the U.S. em- bargo, Cuba will not become a major yield for a unanimous-consent request? bargo on Cuba as it relates to food and buyer of our farm goods or manufac- Mr. MCCAIN. Yes. medicine. tured products overnight. Mr. DOMENICI. Mr. President, I ask Earlier this month, I traveled to Ha- We need to be realistic. With Cuba’s unanimous consent when Senator vana along with Senators ROBERTS and failed economy and low income, ending MCCAIN and Senator GORTON are fin- AKAKA. It was a brief trip, but it gave the embargo won’t cause a huge surge ished, I might be recognized thereafter. us an opportunity to meet with a wide of U.S. products to Cuba. Instead, it Senator WYDEN is here and he has no range of people. We met with Cuban will start sales of some goods, such as objection. He is joining me. Cabinet Ministers and dissidents, with food, medicine, some manufactures, The PRESIDING OFFICER. Is the the head of the largest NGO in Cuba, and some telecom and Internet serv- consent request that after Senator and also with a good number of foreign ices. MCCAIN and Senator GORTON speak—— ambassadors, and with President Fidel In addition, ending the embargo will Mr. DOMENICI. I be recognized to in- Castro himself. I might say that was a increase Cuban exposure to the United troduce a bill, and then that Senator marathon 10-hour session, about half of States. It will bring Cubans into con- WYDEN follow me. it dining. tact with our tourists, business people, The PRESIDING OFFICER. And Sen- I left those meetings more convinced students, and scholars. It will bring ator VOINOVICH after that? than ever that it is time to end our Americans into contact with those who Mr. DOMENICI. Yes. cold war policy towards Cuba. We will be part of the post-Castro Cuba. It The PRESIDING OFFICER. Is there should have normal trade relations will spur more investment in Cuba’s objection? with Cuba. Let me explain why. tourist infrastructure, helping, even if Without objection, it is so ordered. First, this is a unilateral sanction. only a little, to further develop a pri- The Senator from Arizona is recog- Nobody else in the world supports it. vate sector in the economy. nized. Not even our closest allies. Unilateral In May of this year, I introduced bi- (The remarks of Mr. MCCAIN and Mr. economic sanctions, don’t make sense partisan legislation that would repeal GORTON pertaining to the introduction unless our national security is at all of the Cuba- specific statutes that of S. Res. 344 are located in today’s stake. Forty years ago Cuba threat- create the embargo. That includes the RECORD under ‘‘Submission of concur- ened our national security. The Soviet 1992 Cuban Democracy Act and the 1996 rent and Senate Resolutions.’’) Union planted nuclear missiles in Cuba Helms–Burton Act. I look forward to The PRESIDING OFFICER. The Sen- and aimed them at the United States. the day when that legislation will pass ator from New Mexico. Twenty years ago, Cuba was still act- and we have a normal economic rela- (The remarks of Mr. DOMENICI and ing as a force to destabilize Central tionship with Cuba. Mr. WYDEN pertaining to the introduc- America. Until that day, I support measures tion of S. 2937 are located in today’s Those days are gone. The missiles are such as this amendment which dis- RECORD under ‘‘Statements on Intro- gone. The Soviet Union is gone. Cuban mantle the embargo brick by brick. duced Bills and Joint Resolutions.’’) military and guerilla forces are gone The sanctions on sales of food and med- f from Central America. The security icine to Cuba are especially offensive. threat is gone. But the embargo re- Last year, legislation to end unilat- UNANIMOUS-CONSENT AGREEMENT mains. eral sanctions on food and medicine Mr. DOMENICI. Mr. President, I now My reason for my opposing unilateral passed the Senate by a vote of 70 to 28. ask unanimous consent that notwith- sanctions is entirely pragmatic. They That legislation was hijacked by the standing rule XXII, following the 11:30 don’t work. They never worked in the House in conference. This year we cloture vote the Senate proceed to con- past and they will not work in the fu- passed similar legislation again as part sideration of the conference report to ture. Whenever we stop our farmers of the Agriculture appropriations bill. I accompany H.R. 4576, the Defense ap- and business people from exporting, hope our conferees stand firm and en- propriations bill. Further, I ask con- our Japanese, European, and Canadian sure its passage this year, with one sent that there be up to 60 minutes for competitors rush in to fill the gap. Uni- correction. debate under the control of Senator lateral sanctions are a hopelessly inef- This year the sanctions provisions of MCCAIN and up to 15 minutes under the fective tool. the Agriculture appropriations bill control of Senator GRAMM, with an ad- The second reason for ending the em- contain a new requirement. The bill re- ditional 6 minutes equally divided be- bargo is that the US embargo actually quires farmers who want to sell food to tween Senators STEVENS and INOUYE, helps Castro. foreign governments of concern to get and 20 minutes for Senator BYRD, and

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00045 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.001 S26JY0 16328 CONGRESSIONAL RECORD—SENATE July 26, 2000 following that debate the conference into central Asia in the event that the cle of Bosnia in its background, cou- report be laid aside. protection of our national security in- pled with the failed policies for the re- I further ask consent that the vote terests were ever threatened in this gion over the last 18 months, our on the conference report occur at 3:15 area. record in the region has been dismal. p.m. on Thursday, without any inter- The U.S. and the EU account for Implementing the above plan will vening action or debate, notwith- more than 30 percent of world trade. begin to better this record. standing rule XXII, the motion to re- The EU receives nearly 25 percent of THE SITUATION IN THE BALKANS consider be laid upon the table, and our total exports and is our largest ex- Mr. President, over the Fourth of any statements relating to the con- port market for agricultural products. July recess, I traveled with a delega- ference report be printed in the The nations of the Balkans, due to tion of my House and Senate col- RECORD. their proximity to the EU’s common leagues to Southeast Europe where I The PRESIDING OFFICER (Mr. market, have tremendous potential for attended the annual Parliamentary as- SMITH of Oregon). Without objection, it American investors and businesses to sembly Meeting of the Organization for is so ordered. expand these trading ties. Addition- Security and Cooperation in Europe in The PRESIDING OFFICER. The Sen- ally, many in the Balkans have excel- Bucharest, Romania. ator from Ohio. lent educational backgrounds and work In addition, while I was in Southeast Mr. VOINOVICH. Mr. President, I ask experience that would be invaluable to Europe, I joined several of my House unanimous consent that Senator an American investor. Many nations colleagues on a trip to Kosovo and Cro- DEWINE be recognized to speak in currently being considered for EU atia to get an update on the situation morning business immediately fol- membership began their transition there. I met with UN officials, Serb and lowing the remarks of Senator HARKIN. from command economies in a much Albanian leaders, KFOR commanders, The PRESIDING OFFICER. Without worse position than the nations of and our American troops, and particu- objection, it is so ordered. southeastern Europe. If these nations larly soldiers from Ohio who are sta- f can make enough progress to be consid- tioned in Kosovo. ered for EU membership in the short- I have traveled to the Balkans region THE BALKANS MATTER term, surely Croatia, Macedonia, Ro- three times this year to assess the situ- Mr. VOINOVICH. Mr. President, the mania, and Bulgaria can as well. ation in the region from a political, Balkans, with Gavrilo Princip’s assas- While we have done much as a coun- military and humanitarian point of sination of Austrian Archduke Francis try to respond to human suffering view. Ferdinand in Sarajevo, Bosnia in 1914, around the world in recent years, these Besides my most recent trip, I trav- started the devastation of World War I. efforts are made after the fact. This is eled to Croatia, Macedonia, Kosovo and World War II had deep ties to the re- a mistake that reflects the Clinton ad- Brussels, Belgium in February and in gion as well. The Truman doctrine, the ministration’s lack of foresight. In May, I attended the annual meeting of basis of American policy throughout Kosovo, for example, our lack of prepa- the NATO Parliament Conference in the cold war, began with President ration for the refugees created by Budapest, Hungary, and visited Slo- Truman’s decision to support anti- Milosevic’s aggression was inexcusable. venia as well. Based on the observa- Communist forces in Greece and Tur- To prevent this type of tragedy in the tions that I made, I would like to bring key, again, in the Balkans. To deal Balkans again—the refugees, the home- the Senate up to date on the current with the historic threat to peace, secu- lessness, the starvation—we must re- situation in southeastern Europe, par- rity and prosperity the Balkans poses, main involved in the region. ticularly in Croatia and Kosovo. the United States and Europe made a I believe that the following steps While I was in Croatia this past Feb- commitment in the aftermath of the should be taken to advance our goal of ruary, I had the privilege to be the first Kosovo crisis to integrate the region an integrated, whole, and free Europe: Member of the United States Congress into the broader European community. NATO and EU membership—The na- to personally congratulate Mr. Stipe This commitment is consistent with tions of southeastern Europe must be Mesic on his being elected President of the pillar that has bound the United involved in these institutions to ensure Croatia. During my trip earlier this States and Europe since the end of their long-term peace, security, and month, I had a chance to spend time World War II—a belief in the peaceful prosperity. However, invitations for with President Mesic, along with my influence of stable democracies based membership should only be offered colleagues from the House of Rep- on the rule of law, respect for human once the nations have met the estab- resentatives, and, again, hear his vi- rights and support for a market econ- lished membership criteria; sion for the future of Croatia. omy in Europe. Implementation of the Stability We also had an opportunity to meet However, the Balkans continue to be Pact—The Pact, initiated by the Euro- with Prime Minister Racan, who along unstable. Slobodan Milosevic con- peans to encourage democracy, secu- with President Mesic, is committed to stantly stirs trouble in Kosovo and rity, and economic development in the providing to the Croatian people, a Montenegro. The minority commu- region, must be fully implemented. government that abides by the rule of nities of Kosovo are suffering under a There has been much talk and promises law; respects human rights—particu- systematic effort by extremist ethnic made about the Pact. Now is the time larly minority rights; adheres to the Albanians to force them out. Moderate for action. The Europeans must begin goals of a market economy; seeks the Albanians in Kosovo are threatened for to build the infrastructure projects ultimate entrance into the European simply selling bread to a member of they have promised in the region. Union and NATO; and pledges to return the Serb community. As long as this Open European markets—The Euro- minority refugees that were ethnically instability remains, the shared Euro- peans have made a commitment to in- cleansed out of Croatia. This commit- pean and American goal of a whole and tegrate the region into the broader Eu- ment was supported by members of the free Europe will not become a reality. ropean community. Lowering tariffs on Croatian Parliament and acknowledged Inclusion of the Balkans in the Euro- the import of goods from the region by members of the Serb minority, who pean community of democracies would would do much to encourage needed are anxious to see the commitment promote our Nation’s strategic inter- foreign investment. Investment, in carried out. ests. By providing a series of friendly turn, would speed development which I am optimistic about the future of nations south from Hungary to Greece would lead to the integration for which Croatia with its new leadership. Fol- and east from Italy to the Black Sea, the Europeans have called. lowing the December, 1999 death of Cro- we would be in a much better position To make these initiatives work, the atia’s ultra-nationalist President, to deter regional crises and respond to Clinton administration must show Franjo Tudjman, Croatia’s future was them should they occur. The link to more leadership than they have since uncertain as far as the West was con- the Black Sea would also provide a link the Kosovo crisis began. With the deba- cerned.

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00046 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.001 S26JY0 July 26, 2000 CONGRESSIONAL RECORD—SENATE 16329 However, the changes that have oc- Secretary of State Madeleine nesses have been burned and Serbian curred since the establishment of a new Albright, before the Senate Foreign Orthodox churches and monasteries— government less than six months ago Relations Committee claimed ‘‘there is some hundreds of years old—have been are stunning. I believe that the new a butcher in NATO’s backyard, and we desecrated and destroyed. government of President Mesic and have committed ourselves to stopping I ask unanimous consent to print in Prime Minister Racan will ultimately him. History will judge us harshly if we the RECORD a document which summa- be successful in guiding Croatia to EU fail.’’ rizes the incidents of arson and murder and NATO membership. However, the Words such as these were meant to that have occurred in recent months in legancy of Tudjman and his ruling back-up our actions in Kosovo and ex- Kosovo. These numbers were prepared elite—who we are just now learning plain to the American people the moral by the OSCE, which is known for its were a bunch of thieves—poses some se- imperative of engaging in a U.S.-led independence. rious challenges for the ‘‘new’’ Croatia. NATO air war over Kosovo. There being no objection, the mate- Tudjman drove Croatia deep into In this effort to protect the innocent rial was ordered to be printed in the debt to a variety of international fi- civilian Kosovo Albanian community RECORD, as follows: nancial institutions while he and his from the devastation of Slobodan A report released on June 9, 2000 provides henchmen ‘‘cleaned-out’’ the national Milosevic and his Serb forces, few real- recent numbers associated with violent treasury for their own personal gain. ized at the time that the United States crime that continues to threaten peace and reconciliation efforts in Kosovo. The report, Because of Tudjman’s mismanagement, had stumbled across a civil war in UNHCR/OSCE Update on the Situation of President Mesic and Prime Minister progress. A minority of Kosovo Alba- Ethnic Minorities in Kosovo, provides details Racan are facing a situation where nians, under the leadership and flag of on the three most prevalent crimes affecting their nation’s economy is struggling, the Kosovo Liberation Army, the KLA, minorities in Kosovo since January 2000. and they have little help available were pursuing their dream of an eth- They are as follows: from outside creditors because of nically pure Kosovo, dominated by Al- ARSON, AGAINST Tudjman’s action. banians and independent from Serbia. Serbs, 105 cases These economic problems have an These extremists were willing to resort Roma, 20 impact on another major challenge the to violence to achieve this dream. Muslim Slavs, 5 new government is facing—the return On the other hand, Serbia and Albanians, 73 of refugees. As my colleagues may re- Slobodan Milosevic did not want to let Persons of unknown ethnicity, 40 member, the Balkan wars of the 1990s this province break away, because AGGRAVATED ASSAULT, AGAINST created hundreds of thousands of refu- Kosovo is very important to their his- Serbs, 49 cases gees. tory, culture, and religion. Roma, 2 Muslim Slavs, 2 These refugees left their homes, Let me be clear on this. None of Albanians, 90 abandoned nearly all of their posses- these circumstances in any way ex- Persons of unknown ethnicity, 9 sions and took to the roads to avoid cuses the devastation the Serb forces MURDER, AGAINST the bloodshed of ethnic hatred. In order brought to the ethnic Albanian com- Serbs, 26 cases for these people to go back and reclaim munity of Kosovo. The systematic Roma, 7 their homes and get on with their lives, plan, hatched by Milosevic, his wife Muslim Slavs, 2 there must be something to go back and their inner circle of thugs, to in- Albanians, 52 to—jobs, especially. There are few still fear through rape, torture, and persons of unknown ethnicity, 8 areas of Croatia today where jobs are murder was designed to drive the eth- According to the report, lack of security plentiful enough to absorb thousands of nic Albanian community out of and freedom of movement remain the funda- returning refugees, which underscores Kosovo. Their plan was evil in its in- mental problems affecting minority commu- the importance of reinvigorating the ception and execution. nities in Kosovo. Though the Serbian popu- The United States and our NATO al- lation has been the minority group most af- Croatian economy. fected by criminal activity, the ethnic Alba- Despite these problems, I am very op- lies vowed to put an end to this trag- nian community continues to be subject to timistic about the future of Croatia if edy. Through our combined military serious violent attacks on a regular basis. President Mesic and Prime Minister strength, we were able to force Mr. VOINOVICH. Mr. President, in Racan continue to lead their nation to- Milosevic to withdraw his troops from addition, Bishop Kyr Artemije, a leader wards European integration. I am Kosovo, making it safe for Kosovar Al- of the Kosovar Serbs, presented similar pleased that the United States is sup- banians to return to their homes. statistics documenting the violence porting the new Croatian leadership And now that the air war in the Bal- and bloodshed that has been carried with financial, diplomatic and military kans has been over for a little more out in Kosovo since the end of the war assistance. I am also pleased that than a year, most Americans assume in testimony he gave before the Hel- NATO has invited Croatia to become a that the situation in Yugoslavia is now sinki Commission this past February. member of the ‘‘Partnership for Peace’’ under control and that Serbs and Alba- His statistics were updated and verified program. nians in Kosovo have put aside their at a recent meeting that I and several Mr. President, as I think back to last differences, declared peace and are of my House colleagues had with the year, to the time when this nation was working towards establishing a cooper- Bishop over the Fourth of July recess engaged in an air war over Kosovo, the ative society. in Kosovo. President, the Secretary of State, How I wish that was true. I ask unanimous consent that Bishop world leaders and the international In fact, the reason I have come to the Artemije’s February testimony be media all brought to our attention the floor today is to make my colleagues printed in the RECORD following my re- ethnic cleansing that was being per- and this nation aware what many in marks. petrated by Slododan Milosevic’s Ser- the European community already The PRESIDING OFFICER. Without bian military and paramilitary forces know, and that is, ethnic cleansing is objection, it is so ordered. against the Albanian people in Kosovo. being carried out in Kosovo today. (See exhibit 1.) During the height of the air war, In the wake of the air war, a back- Mr. VOINOVICH. Mr. President, in President Clinton, in the Times of Lon- lash of violence is now being per- addition, a July 3 article written by don, was quoted as saying ‘‘we are in petrated against minority groups in Steven Erlanger for the New York Kosovo because Europe’s worst dema- Kosovo, including Serbs, Romas, and Times, discusses the observations Den- gogue has once again moved from moderate Albanians who are now try- nis McNamara, the U.N. special envoy angry words to unspeakable violence.’’ ing to rebuild Kosovo. They have been for humanitarian affairs in Kosovo, had Further, the President stated, ‘‘the re- attacked and killed by more radical, regarding the status of the situation in gion cannot be secure with a bellig- revenge-driven elements in the Alba- Kosovo today, particularly how minori- erent tyrant in its midst.’’ nian community, their homes and busi- ties have been treated since the end of

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00047 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.001 S26JY0 16330 CONGRESSIONAL RECORD—SENATE July 26, 2000 the air war and how minorities are to deter or stop it. There was an implicit en- trative Council—Dr. Ibrahim Rugova, being pushed out of Kosovo in a contin- dorsement of it by everybody—by the silence Mr. Hashim Thaci, and Dr. Rexhep uous and organized manner. of the Albanian political leadership and by Qosja. McNamara is quoted as saying that: the lack of active discouragement of it by All three leaders made a very clear the West. (this) violence against the minorities has promise to me that they were com- been too prolonged and too widespread not to Mr. President, I ask unanimous con- mitted to a multi-ethnic, democratic be systematic. sent that these two New York Times Kosovo, one that would respect the McNamara goes on to say; articles be printed in the RECORD at rights of all ethnic minorities. I was the conclusion of my remarks. heartened to hear these comments. We can’t easily say who’s behind it, but we The PRESIDING OFFICER. Without can say we have not seen any organized ef- This commitment could serve as the fort to stop it or any effort to back up the objection, it is so ordered. basis for long-term peace and stability rhetoric of tolerance from Albanian leaders (See exhibit 2.) in Kosovo. with any meaningful action. Mr. VOINOVICH. The United States I said that they could go down in his- The genocide that was inflicted upon must not now—nor ever—condone this tory as truly great men were they to thousands of Albanians is absolutely revenge approach in Kosovo in either make this commitment a reality. I ex- inexcusable and totally reprehensible. thought, word or deed. We must main- plained that the historic cycle of vio- Crimes that are perpetrated against in- tain and promote our values as a na- lence in Kosovo must end and minority nocent civilians must always be con- tion—a respect for human rights, free- rights must be respected—including demned and those who carry out such dom of religion, freedom from harass- the sanctity of churches and mon- acts must be prosecuted. That is why I ment, intimidation or violence. asteries. do not understand why the President, If this administration, and the next, I also point out to them that ‘‘re- the Secretary of State, and others in does not acknowledge and seriously ad- venge begets revenge’’ and unless Alba- this administration have not been as dress the plight of Kosovo Serbs and nians and Serbs learned to live in peace vocal about the ethnic cleansing that other minorities in Kosovo, then I with one another, violence would con- is now being perpetrated as they were think that within a year’s time there tinue to plague their children, their last year. will not be any minorities still in grandchildren and generations yet un- In fact, the condemnation for the Kosovo. To prevent this, I believe we born. ethnic cleansing that is now occurring should be more aggressive towards pro- It is my hope that they will realize in Kosovo is virtually nonexistent on tecting minority rights in Kosovo im- that they and their actions will be the part of this administration. I am mediately. keys to the future of Kosovo. deeply troubled by their silence. If we do not, I am concerned that the We all want peace to prevail in the Because I have been following this extremist members of the Kosovo Alba- Balkans, but we have a long way to go matter so closely since the conclusion nian community will continue to push for that to happen. I believe we should of the air campaign, I have had the op- out all minority groups until they have listen to the words of His Holiness, Pa- portunity to have a number of off-the- achieved their dream of an Albanian- triarch Pavle, the head of the Serbian record, informal conversations with only Kosovo. In other words, if we do Orthodox church, who states, ‘‘in people both inside and outside of our nothing, there will be many who will Kosovo and Metohija there will be no Government. While I am reluctant to argue that the ethnic cleansing of victory of humanity and justice while share this with my colleagues, I feel Kosovo was tacitly endorsed by the revenge and disorder prevail. No one that I must. There is a feeling by many lack of leadership in the international has a moral right to celebrate victory who are following the ongoing ethnic community. complacently for as long as one kind of cleansing in Kosovo that there are It is important to note that the prob- evil replaces another, and the freedom some in our Administration who be- lem does not rest with our KFOR of one people rests upon the slavery of lieve that the Serb community in troops, for they have been restricted in another.’’ Kosovo is simply getting what they are what they can and cannot do. These The Patriarch’s call for leadership in due. men and women are doing a terrific job protecting all citizens in Kosovo is one In other words, the murders, arson, under difficult circumstances. I know that this nation should heed if peace harassment and intimidation that ex- what they’re going through because, and stability in Kosovo is our goal. tremist members of the Kosovo Alba- last February, I walked through the At the OSCE meeting in Bucharest, I nian community are committing village of Gnjilane with some of our introduced a resolution on South- against the Kosovo Serb community soldiers, and saw first-hand the restric- eastern Europe that had the support of should be expected and accepted given tions they were under. several of my legislative colleagues what the Serbs did to the Albanians. While I was in Kosovo over the 4th of from the U.S. The main point of the A July 17 article written by Steven July recess, I had the opportunity to resolution that I offered was to call to Erlanger of the New York Times makes visit our troops at Camp Bondsteel. the attention of the OSCE’s Parliamen- this point as well. It describes how Every soldier that I spoke with talked tary Assembly the current situation in U.N. director of Kosovo administra- of their commitment to their mission Kosovo and Serbia, and made clear the tion, Bernard Kouchner, has been and ensuring the safety of the citizens importance of removing Slobodan working to foster peace and stability of Kosovo. I fully believe that it is be- Milosevic from power. among Albanians and Serbs in Kosovo. cause of these troops that there is not Mr. President, I ask unanimous con- He points out that no one is paying further violence. sent that the entire text of the resolu- much attention now that the tables I do have hope that we can bring an tion, as passed by the OSCE Parliamen- have turned. end to the bloodshed in Southeastern tary Assembly, be printed in the Kouchner says: Europe, and I believe that there are RECORD at the conclusion of my re- some within the Kosovo Albanian com- I’m angry that world opinion has changed marks. so quickly. They were aware before of the munity who can prevail upon the bet- The PRESIDING OFFICER. Without beatings and the killings of Albanians, but ter instincts of their fellow man in a objection, it is so ordered. now they say, ‘‘There is ethnic cleansing of commitment towards peace. (See exhibit 3.) the Serbs.’’ But it is not the same—it’s re- Earlier this year, at the headquarters Mr. VOINOVICH. My resolution put venge. of the United Nations Mission in the OSCE, as a body, on record as con- And McNamara makes the same Kosovo, UNMIK, in Pristina, Kosovo, I demning the Milosevic regime and in- point. He says: had the opportunity to sit down and sisting on the restoration of human There was from the start an environment meet with several key leaders of the rights, the rule of law, free press and of tolerance for intolerance and revenge. Kosovo Albanian community and rep- respect for ethnic minorities in Serbia. There was no real effort or interest in trying resentatives on the Interim Adminis- I was pleased that the resolution

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00048 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.001 S26JY0 July 26, 2000 CONGRESSIONAL RECORD—SENATE 16331 passed—despite strong opposition by regarding the return of displaced per- EXHIBIT 1 the delegation from the Russian Fed- sons and refugees to their homes, in- STATEMENT OF BISHOP ARTEMIJE, HELSINKI eration—and I am hopeful that it will cluding the recognition that the return COMMISSION, HEARING, FEBRUARY 28, 2000, help re-focus the attention of the inter- of such individuals is a fundamental WASHINGTON, DC national community on the situation right and essential to the future of Mr. Chairman, respected members of Con- in the Balkans. Kosovo. In order to facilitate such re- gress, ladies and gentlemen. It is my distinct In conclusion, Mr. President, I be- pleasure and privilege to be here with you turns, the parties insist that UNMIK today and speak about the latest develop- lieve that we are approaching a cross- and KFOR pursue fresh efforts to pro- ments in Kosovo. The last time I spoke here roads in Kosovo with two very different vide greater security for individuals to was in February 1998, just before the war in directions that we can choose. return to their homes, and to expand Kosovo began and on that occasion I strong- The first direction—the wrong direc- aid for reconstruction and economic re- ly condemned both Milosevic’s regime and tion—involves more of the same of vitalization in those communities. Albanian extremists for leading the country what we have seen in recent months. They further agreed that a new into the war. Unfortunately the war came and so many innocent Albanians and Serbs More bloodshed, more grenade attacks model of security and law enforcement on elderly minorities as they sit on suffered in it. Many times we have strongly is needed, and that the international condemned the crimes of Milosevic’s regime their porch. More land-mines on roads community must overcome its dif- in Kosovo while our Church in Kosovo sup- traveled by parents taking their chil- ferences to that UNMIK and KFOR can ported suffering Albanian civilians and saved dren to school. More intimidation, take much stronger measures to carry some of them from the hands of Milosevic’s threats and harassment of minorities out their security and law enforcement paramilitaries. walking the streets in mixed villages responsibilities. After the end of Kosovo war and return of and towns. All this would lead to the Albanian refugees the repression of Last but not least, the representa- Milosevic’s undemocratic regime was sup- continued fleeing of minorities from tives recognize that the international Kosovo and the establishment of an Al- planted by the repression of extremist community will not support a Kosovo Kosovo Albanians against Serbs and other banian-only Kosovo. Again, ethnic cleansed of some of its ethnic commu- non-Albanian communities in full view of cleansing carried-out under the nose of nities. Rather, all these communities international troops. Freedom in Kosovo has NATO and the U.N. must work together to build a multi- not come for all equally. Therefore Kosovo The second direction—the right di- remains a troubled region even after 8 ethnic Kosovo respecting the rights of rection—involves the international months of international peace. all its citizens. community, led by the United States, Kosovo Serbs and other non-Albanian protecting the human rights of the mi- I say ‘‘Amen and Hallelujah’’ to the groups in Kosovo live in ghettos, without se- fact that these two communities can curity; deprived of basic human rights—the nority communities of Kosovo. With rights of life, free movement and work. Their this protection, the minority groups come together and develop such an out- line for peace. private property is being usurped; their would feel safe in their homes and be homes burned and looted even 8 months after comfortable enough to be involved in There should be a loud voice coming the deployment of KFOR. Although Kosovo UNMIK municipal elections this fall, a out from this administraiton—the remained more or less multiethnic during key priority for UNMIK. Places of his- same loud voice that we heard last the ten years of Milosevic’s repressive rule, torical significance, especially Serbian year—to the United Nations, to the today there is hardly any multiethnicity at Orthodox monasteries, would be safe UNMIK, and to our NATO Allies that all—in fact the reverse is true. Ethnic seg- regation is greater now than almost at any from destruction from extremists. we cannot allow ethnic cleansing of any kind to continue. other time in Kosovo’s turbulent history. Minorities would be safe to travel to Not only are Serbs being driven out from the the market in their own communities And I just want the administration Province but also the Romas, Slav Moslems, without needing KFOR protection, to know that I am holding them re- Croats, Serb speaking Jews and Turks. More something that does not happen today. sponsible to make the same commit- than 80 Orthodox churches have been either Kosovo Albanians who sell goods to mi- ment to Kosovo now that they made completely destroyed or severely damaged norities would not be threatened, during the war, specifically, to go in since the end of the war. The ancient church- harmed or killed, again, something and make sure that NATO, UNMIK, es, many of which had survived 500 years of that does not happen today. In short, and KFOR give the same priority to Ottoman Moslem rule, could not survive 8 months of the internationally guaranteed bloodshed would stop under the watch protecting minority rights today. peace. Regretfully, all this happens in the of the international community. It is up to the United States to pro- presence of KFOR and UN. Kosovo more and And there is encouraging news. vide the leadership to make sure that more becomes ethnically clean while orga- Just this last weekend, at Airlie the items that the representatives at nized crime and discrimination against the House in Virginia, leaders of Kosovo’s Airlie House identified as important non-Albanians is epidemic. Serb and Albania communities met Two thirds of the pre-war Serb population are actually carried out by the UNMIK (200,000 people) fled the province under Alba- under the auspices of the United States and by KFOR in cooperation with the Institute for Peace. nian pressure. In addition more than 50,000 Serb and Albanian communities in Romas, Slav Moslems, Croat Catholics and Among other provisions, the rep- Kosovo. others have also been cleansed from Kosovo. resentatives agreed to launch a new Individually, none of these entities More than 400 Serbs have been killed and initiative—a Campaign Against Vio- can guarantee peace and stability in nearly 600 abducted by Albanian extremists lence—whereby the representatives of Kosovo. It is only by working together during this same period of peace. Tragically, both communities agreed to a Pact this suffering of Serbs and other non-Alba- that peace will occur, and it is the pri- Against Violence to promote tolerance, nians proportionally (with respect to popu- mary reason that the U.S. needs to re- condemn violence, prevent negative ex- lation) represents more extensive suffering commit itself to Kosovo. ploitation of ethnic issues, and enable in peacetime than the Albanian suffering We, the United States, with our during the war. This is a tragic record for physical integration and political par- any post war peace mission, especially for ticipation by all. In addition, the com- strength and commitment to the pro- tection of human rights, can largely this mission in which the Western Govern- munities agreed on two key provisions ments and NATO have invested so much of to help reduce the power of extremist determine which direction is taken in their credibility and authority. elements by calling on KFOR and Kosovo. It is in our hands to live up to Despite the sympathy for all of the suf- UNMIK to guard and control more ef- that potential. fering of Kosovo Albanians during the war, fectively all entry into Kosovo, and re- It is in our national security inter- retaliation against innocent civilians cannot questing that UNMIK move imme- est. It is in our economic interest in be justified in any way. It is becoming more Europe. It is in the interest of peace in and more a well-orchestrated nationalist ide- diately to start-up a functioning court ology directed towards achieving the com- and prison system. the world that we make that commit- plete ethnic cleansing of the Province. The Also, the Serb and Albanian rep- ment. extremists believe that without Serbs and resentatives agreed on several items I yield the floor. their holy sites in Kosovo independence

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00049 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.001 S26JY0 16332 CONGRESSIONAL RECORD—SENATE July 26, 2000 would then become a fait accompli. The and extortion. Those who refuse usually have acies that he uses to solidify his hold on present repression against non-Albanians is their houses torched or are killed as an ex- power and will eventually lead to final exo- carried out with the full knowledge of the ample to other Serbs. Grenade attacks on dus of the Serb community in Kosovo. Albanian leaders. Sometimes these leaders Serb houses; on few remaining Serb shops Milosevic obviously remains at the core of formally condemn repressive actions but in and restaurants force more and more Serbs the problem but he is not the greatest cause reality have not done anything to stop the to leave Kosovo. If this repression and perse- of the current round of violence and purges— ongoing ethnic violence and discrimination. cution is continued unabated it is likely that the international community must find ways Even more, some of them are instigating soon most of the remaining Serbs will also for controlling Albanian extremists. rage against Serbs developing the idea of col- be forced to flee Kosovo. We maintain our belief that the present lective Serb guilt and branding all remaining On one hand, KFOR’s presence in Kosovo tragedy in Kosovo is not what Americans Serb civilians as criminals. There is much has given Albanian extremists free hands to wanted when they supported the policy of evidence that the KLA leaders bear direct re- do what that want because one of KFOR pri- the Administration to intervene on behalf of sponsibility for the most of the post-war orities has been so far to avoid direct con- suffering Albanians. In fact international crimes and acts of violence committed in frontation with the extremists in order to es- community now faces a serious failure in Kosovo. As soon as KFOR entered the Prov- cape possible casualties. On the other hand Kosovo because it has not managed to ince KLA gunmen took over the power in we cannot but say that if KFOR had not been marginalize extremist Albanians while at majority of cities and towns and imme- in Kosovo during this rampage of hatred, not the same time Milosevic has been politically diately organized illegal detention centers a single Serb or Serb church would have sur- strengthened by the bombing and sanctions for Serbs, Romas and Albanian ‘‘collabo- vived. We sincerely appreciate the efforts of (which ordinary Serbs understand as being rators.’’ They began killing people listed as many men and women from all over the directed against innocent civilians). There- alleged criminals and seized a large amount world who are trying to bring peace to fore we expect now from the international of property previously owned by Serbs and Kosovo even with in a rather narrow polit- community and primarily from United other non-Albanians. KLA groups and their ical framework in which KFOR must act. States to show more determination in pro- leaders are directly linked with Albanian An especially volatile situation is in tecting and supporting Kosovo Serbs and mafia clans and have developed a very so- Kosovska Mitrovica the only major city other ethnic groups who suffer under ethnic phisticated network of organized crime, drug where a substantial number of Serbs remain. Albanian extremists. A way must be found to smuggling, prostitution, white slavery, and During the most intensive wave of ethnic fully implement UNSC Resolution 1244 in its weapons trading. According to the inter- cleansing in June and July many Serb inter- whole. We have a few practical proposals for im- national press Kosovo has become Colombia nally displaced persons from the south found proving the situation in Kosovo: of Europe and a main heroin gateway for refuge in the north of the province in the 1. KFOR should be more robust in sup- Western Europe. The strategy behind the Mitrovica area. In order to survive they or- pressing violence, organized crime and KLA purge of Serbs was very simple—quar- ganized a kind of self-protection network should more effectively protect the non-Al- ter by quarter of a city would be cleansed of and prevented the KLA and mafia to enter banian population from extremists. This is Serbs and their property would be either the northern fifth of the city together with required by the UNSC Resolution. burned or sold for a high price to Albanian civilian Albanian returnees. KFOR, aware 2. More International Police should be de- refugees (including Albanians from Albania that the free access of Albanian extremist ployed in Kosovo. Borders with Macedonia and Macedonia who flowed into the province groups of Mitrovica would cause a Serb exo- and Albania must be better secured, and through unprotected borders along with the dus, blocked the bridge connecting the UNMIK should establish local administra- hundreds of thousands of Kosovo refugees). southern and northern part of the city. Alba- tion with Serbs in areas where they live as The KLA, although officially disbanded is nian extremists have since then made many compact population. Judicial system must still active and their secret police are con- attempts to make their way into the north- become operational as soon as possible. tinuing their intimidation and executions. ern part of Mitrovica saying that they want- International judges must be recruited at Now more and more of their victims are dis- ed undivided and free city. Serbs on the this stage when Kosovo judges cannot act obedient Kosovo Albanians who refuse to pay other hand state that they are ready for a impartially due to political pressures. their ‘‘taxes’’ and ‘‘protection money’’ to ex- united city only if Serbs would be allowed to 3. International community must build a tremists. The Albanization of Kosovo is pro- go back to their homes in the south and else- strategy to return displaced Kosovo Serbs ceeding in a way many ordinary Albanians where in Kosovo. Serbs also hold that only and others to their homes soon while pro- did not want. The gangsters have stepped Kosovo residents be allowed to return to viding better security for them and their re- into the vacuum left by the slowness of the their homes. A few weeks ago, after two ter- ligious and cultural shrines. Post war ethnic West to adequately instill full control over rorist attacks against a UNHCR bus and a cleansing must not be legalized nor accept- the Province. Kosovo is becoming more like Serb cafe´, in which a number of Serbs were ed—private and Church property has to be Albania: corrupt, anarchic, and ruled by the killed and injured, radicalized Serbs began restored to rightful owners. Law and order gun and the gang. retaliatory actions against Albanians in the must be established and fully enforced. With- Serbs and many non-Albanians still do not northern part of the city causing the death out at least an initial repatriation of Serbs, have access to hospitals, the University and of several Albanian innocent citizens and Romas, Slav Moslems and others Kosovo public services, simply because they cannot served to broaden the crisis. elections would be unfair and unacceptable. even freely walk in the street. They are un- The Mitrovica crisis is not playing out in 4. The International Community, espe- employed and confined to life in poverty of a void by itself and must be approached only cially, US, should make clear to Kosovo Al- their rural enclaves out of which they can in the context of the overall Kosovo situa- banian leaders that they cannot continue move only under the KFOR military escort. tion. The fact remains that after the war ex- with the ethnic cleansing under the protec- The Serbian language is completely banished tremists Albanians have not been fully dis- torate of Western democratic governments. from the public life. All Serb inscriptions, armed and have continued their repression Investment policy and political support must road signs and advertisements have been sys- and ethnic cleansing of Serbs and other non- be conditioned to full compliance by ethnic tematically removed and the usage of Ser- Albanians wherever and whenever they have Albanian leaders with the UNSC Resolution bian language in Albanian dominated areas had opportunity to do so. Unfortunately, 1244. KLA militants must be fully disarmed. is reason enough for anyone to be shot right such a situation as we have now in Kosovo The ICTY should launch impartial investiga- on the spot. Thousands of Serb books in pub- has opened a door for the Belgrade regime, tions on all criminal acts committed both by lic libraries have been systematically burned which is ow trying to profit from this situa- Serbs and Albanians. while all unguarded Serb cultural monu- tion and consolidate the division of 5. The international community should ments and statues have been torn down and Mitrovica for their own reasons. Each Serb also support moderate Serbs in regaining destroyed. victim in Kosovo strengthens Milosevic’s po- their leading role in the Kosovo Serb com- The Serbs who remain in major cities are sition in Serbia. Albanian extremists on the munity and thus provide for the conditions in the worst situation of all. Out of 40,000 other hand want to disrupt the only remain- for their participation in the Interim Admin- pre-war Serb population in Pristina today ing Serb stronghold in the city in order to istrative Kosovo Structure. Since the co- there remain only 300 elderly people who live drive the Serbs completely out of Kosovo. operation of moderate Serb leaders with in a kind of house arrest. They cannot go Regretfully, the international community KFOR and UNMIK has not brought visible into the street without military protection seems not to be fully aware of the com- improvement to the lives of Serbs in their and only thanks to KFOR soldiers and hu- plexity of the Mitrovica problem and has de- remaining enclaves, Milosevic’s supporters manitarian organizations do they receive spite all Albanian crimes and terror in the are gaining more confidence among besieged food and medicines, which they are not al- last 8 months one-sidedly condemned Serbs and frightened Serbs, which can seriously ob- lowed to buy in Albanian shops. Almost all for this violence. struct the peace process. Moderate Serbs Serb shops are now in Albanian hands. In This skewed view of the problem will only gathered around Serb National Council need other areas Albanians are greatly pressuring serve to encourage Albanian extremism, con- their own independent media; better commu- Serbs to sell their property under threats firm Milosevic’s theory of anti-Serb conspir- nication between enclaves and other forms of

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00050 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.001 S26JY0 July 26, 2000 CONGRESSIONAL RECORD—SENATE 16333 support to make their voice better heard and banians forced out of Kosovo on their trac- partition of Kosovo that extends up to the understood within their own community. tors were replaced by Serbs fleeing Kosovo province’s border with the rest of Serbia, International humanitarian aid distribution on their tractors, and as it became clear that creating a zone where the Yugoslav govern- in Serb inhabited areas currently being dis- the effort to push minorities out of Kosovo ment of President Slobodan Milosevic exer- tributed more or less through Milosevic’s was continuing and organized. cises significant control, infuriating people who have used this to impose them- ‘‘This is not why we fought the war,’’ Mr. Kosovo’s Albanian majority. selves as local leaders, has to be channeled McNamara said. He noted that in recent ‘‘Having allowed Mitrovica to slip away in through the Church and the Serb National weeks there had been a new spate of com- the first days and weeks, it’s very hard to re- Council humanitarian network. ments by Western leaders, including Presi- gain it now,’’ Mr. McNamara said. ‘‘Why 6. The last but not least, the issue of status dent Clinton, Secretary of State Madeleine wasn’t there strong action to take control of must remain frozen until there is genuine K. Albright and the NATO secretary general, Mitrovica from the outset? We’re living with and stable progress in eliminating violence Lord Robertson, warning the Albanians that the consequences of that now.’’ and introducing democratization not only in the West would not continue its support for In the last two months, as attacks on Kosovo but also in Serbia proper and the Kosovo if violence against minorities contin- Serbs have increased again in Kosovo, Serbs Federal Republic of Yugoslavia. It is our ued at such a pace and in organized fashion. in northern Mitrovica have attacked United firm belief that the question of the future But previous warnings and admonitions Nations aid workers, equipment of offices, status of Kosovo must not be discussed be- have not been followed by any action, Mr. causing Mr. McNamara to pull aid workers tween Kosovo’s Albanians and Serbs only, McNamara noted. In general, he and others temporarily out of the town. After promises but also with the participation of the inter- suggested, there is simply a tendency to put from the effective leader of the northern national community and the future demo- an optimistic gloss on events here and to Mitrovica Serbs, Oliver Ivanovic, those cratic governments of Serbia and FRY and in avoid confrontation with former guerrillas workers returned. Another significant problem has been the accordance with international law and the who fought for independence for Kosovo or lack of a ‘‘unified command’’ of the peace- Helsinki Final Act. with increasingly active gangs of organized keeping troops, Mr. McNamara said. Their We believe in God and in His providence criminals. but we hope that US Congress and Adminis- overall commander, currently a Spanish gen- ‘‘This violence against the minorities has eral, cannot order around the troops of con- tration will support our suffering people, been too prolonged and too widespread not to which want to remain where we have been stituent countries. Washington controls the be systematic,’’ Mr. McNamara said, giving American troops, Paris the French ones and living for centuries, in the land of our ances- voice to views that he has made known tors. so on. throughout his time here. ‘‘We can’t easily And there are no common rules of engage- EXHIBIT 2 say who’s behind it, but we can say we have ment or behavior in the various countries’ U.N. OFFICIAL WARNS OF LOSING THE PEACE IN not seen any organized effort to stop it or military sectors of Kosovo. KOSOVO any effort to back up the rhetoric of toler- ‘‘The disparities in the sectors are real,’’ (By Steven Erlanger) ance from Albanian leaders with any mean- Mr. McNamara said. And after American ingful action.’’ As the humane ‘‘pillar’’ of the United Na- troops were stoned as they tried to aid In the year since NATO took over complete tions administration in Kosovo prepares to French troops in Mitrovica last spring, the control of Kosovo and Serbian troops and po- shut down, its job of emergency relief Pentagon ordered the American commander licemen left the province, there have been deemed to be over, its director has some ad- here not to send his troops out of the Amer- some 500 killings, a disproportionate number vice for the next great international mission ican sector of Kosovo. of them committed against Serbs and other to rebuild a country: be prepared to invest as While the Pentagon denies a blanket ban, minorities. much money and effort in winning the peace officers in the Kosovo peacekeeping oper- But there has not been a single conviction. as in fighting the war. ation support Mr. McNamara’s assertion. Dennis McNamara, the United Nations spe- The judicial system is still not functioning, They say no commanders here want to risk cial envoy for humanitarian affairs, regional and local and international officials here say their troops in the kind of significant con- director for the United Nations high commis- that witnesses are intimidated or killed and frontation required to break down the ethnic sioner for refugees and a deputy to the are afraid to come forward, pressure has been barriers of Mitrovica. United Nations chief administrator in put on some judges to quit and many of The United Nations has had difficulties of Kosovo, Bernard Kouchner, leaves Kosovo those arrested for murder and other serious organization and financing, Mr. McNamara proud of the way the international commu- crimes have been released, either because of readily acknowledges. ‘‘but governments nity saved lives here after the war, which lack of prison space or the inability to bring must bear the main responsibility,’’ he said, ended a year ago. them to trial. ‘‘Governments decide what the United Na- Mr. McNamara helped to coordinate nearly Only recently has the United Nations de- tions will be, and what resources govern- 300 private and government organizations to cided to bring in international prosecutors ments commit to the conflict they won’t provide emergency shelter, food, health care and judges, but finding them and persuading commit to the peace.’’ Governments want to dump problems like and transport to nearly one million Kosovo them to come to Kosovo has not been easy. Kosovo onto the United Nations to avoid re- Albanian refugees who have returned. And foreign governments have been very Despite delays in aid and reconstruction, slow to send the police officers they prom- sponsibility, he said. The United Nations including severe shortages of electricity and ised to patrol the streets. should develop ‘‘a serious checklist’’ of re- running water, no one is known to have died Now, some 3,100 of a promised 4,800 have ar- quirements and commitments from govern- here last winter from exposure or hunger. Up rived, although Mr. Kouchner wanted 6,000. ments before it agrees to another Kosovo, to half of the population—900,000 people a The big problem, Mr. McNamara said, is the Mr. McNamara said, ‘‘and the U.N. should be day—was fed by international agencies last generally poor quality of the police officers able to say no.’’ winter and spring, and a program to clear who have come, some of whom have had to U.N. CHIEF IN KOSOVO TAKES STOCK OF TOUGH land mines and unexploded NATO ordnance be sent home because they could neither YEAR is proceeding apace. drive nor handle their weapons. And coordi- (By Steven Erlanger) But Mr. McNamara, 54, a New Zealander nation between the police and the military Bernard Kouchner, the emotional chief of who began his United Nations refugee work has been haphazard and slow. the United Nations administration in in 1975 with the exodus of the Vietnamese ‘‘The West should have started to build up Kosovo, has made it through a tumultuous boat people, is caustic about the continuing institutions of a civil society from Day 1,’’ year. and worsening violence against non-Albanian Mr. McNamara said. ‘‘And there should have Last November, when the province’s water minorities in Kosovo, especially the remain- been a wide use of emergency powers by the and power were almost nonexistent, the West ing Serbs and Roma, or Gypsies. He says the military at the beginning to prevent the was not providing the money or personnel it United Nations, Western governments and growth of this culture of impunity, where no promised and the cold was as profound and NATO have been too slow and timid in their one is punished. I’m a human rights lawyer, bitter as the ethnic hatred, Mr. Kouchner response. but I’d break the rules to establish order and was in a depression so deep that his staff ‘‘There was from the start an environment security at the start, to get the word out thought he might quit. of tolerance for intolerance and revenge,’’ he that it’s not for free.’’ He spoke darkly then of ‘‘how hard it is to said. ‘‘There was no real effort or interest in Similarly, the NATO troops that form the change the human soul,’’ of the quick fatigue trying to deter or stop it. There was an im- backbone of the United Nations peace- of Western leaders who prosecuted the war plicit endorsement of it by everybody—by keeping force here were too cautious about with Serbia over Kosovo and had no interest the silence of the Albanian political leader- breaking down the artificial barrier created in hearing about its problematic aftermath, ship and by the lack of active discourage- by the Serbs in the northern Kosovo town of of the impenetrability of the local Serbs and ment of it by the West.’’ Mitrovica, Mr. McNamara said. Albanians, with their tribal, feudal passions. Action was needed, he said, in the first Northern Mitrovica is now inhabited al- ‘‘I’ve never heard an Albanian joke,’’ he days and weeks, when the old images of Al- most entirely by Serbs, marking an informal said sadly, looking around his dreary office,

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00051 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.001 S26JY0 16334 CONGRESSIONAL RECORD—SENATE July 26, 2000 the former seat of the Serbian power here. force’s commander. And while Mr. Kouchner the sector of Kosovo patrolled by American ‘‘Do they have a sense of humor?’’ was able to persuade the former commander, units of the United Nations force. Now, in a blistering summer, Mr. Gen. Klause Reinhardt of Germany, to do ‘‘He was a doctor!’’ Mr. Kouchner ex- Kouchner’s mood has improved. A French more to help the civilian side, they were claimed, still appalled. ‘‘It was the reverse of physician who founded Doctors Without Bor- both less successful with Washington, Paris, everything we did with Doctors Without Bor- ders because he became fed up with inter- Bonn, Rome and London. ders.’’ national bureaucracy, he is not an inter- The affliction known here as ‘‘Bosnian dis- While Mr. Kouchner says he has put him- national bureaucrat, sometimes uneasy in ease’’—with well-armed troops unwilling to self alongside ‘‘the new victims,’’ the minor- his skin. He still goes up and down with the take risks that might cause them harm—has ity Serbs, he carries with him his visit to the vagaries of this broken province, with its settled into Kosovo, say Mr. Kouchner’s aids mass graves of slain Albanians. ramshackle infrastructure, chaotic traffic and even some senior officers of the United ‘‘I’m angry that world opinion has changed and lack of real law or justice. And without Nations force. so quickly,’’ he said. ‘‘They were aware be- question, he admits, some of those problems Consequently, some serious problems—like fore of the beatings and the killings of Alba- can be laid at his door. the division of the northern town of nians, but now they say, ‘There is ethnic ‘‘Of course I’m not the perfect model of a Mitrovica into Serbian and Albanian halves cleansing of the Serbs.’ But it is not the bureaucrat and an administrator,’’ he said. that also marks the informal partition of same—it’s revenge.’’ ‘‘But we have succeeded in the main thing’’: Kosovo—appear likely not to be solved but He does savor the international military stopping the oppression of Kosovo’s Alba- simply ‘‘managed,’’ no matter how much intervention on moral and humane grounds. nians by Belgrade, bringing them home and they embolden Belgrade or undermine the ‘‘I don’t know if we will succeed in Kosovo,’’ letting them restart their lives in freedom. confidence of Kosovo Albanians in the good he said. ‘‘But already we’ve won. We stopped And yet, he said, ‘‘I have not succeeded in will be of their saviors. It was on the bridge the oppression of the Albanians of Kosovo.’’ human terms’’ with a traumatized popu- dividing Mitrovica—not in Paris—that Mr. Mr. Kouchner paused, lost in thought and lation. ‘‘They still hate one another deeply.’’ Kouchner chose to spend his New Year’s Eve, memory. ‘‘It was my dream,’’ he said softly. He paused, and added: ‘‘Here I discovered making a hopeful toast, so far in vain, to ‘‘My grandparents died in Auschwitz,’’ he hatred deeper than anywhere in the world, reconciliation. said, opening a normally closed door. ‘‘If more than in Cambodia or Vietnam or Bos- Nor will the peacekeeping troops do much only the international community was brave nia. Usually someone, a doctor or a jour- to stop organized crime or confront, in a se- enough just to bomb the railways there,’’ nalist, will say, ‘I know someone on the rious fashion, organized, Albanian efforts to which took the Nazis’ victims to the death other side.’ But here, no. They had no real drive the remaining Serbs out of Kosovo and camp. ‘‘But all the opportunities were relationship with the other community.’’ prevent the return of those who fled, the offi- missed.’’ The hatred, he suggested, can be daunting cials say. That, he said, is why he became involved, and has plunged him and his colleagues into The discovery last month of some 70 tons early on, in Biafra, the region whose seces- despair. ‘‘Sometimes we got tired and ex- of arms, hidden away by the former Kosovo sion touched off the Nigerian civil war of hausted, and we didn’t want a reward, not Liberation Army and not handed over as 1967–70, in which perhaps one million people like that, but just a little smile,’’ he said promised to the peacekeepers, took no one died. And it was what drives him in Kosovo. wanly. ‘‘I’m looking for moments of real here by surprise. Mr. Kouchner, now 60, holds to the healing happiness, but you know just now I’m a bit ‘‘It was a success,’’ Mr. Kouchner said, power of time. He points to the reconcili- dry.’’ But he is proud that everyone has per- ‘‘not a surprise.’’ ation now of Germany and Israel, and of sisted nonetheless. In fact, senior United Nations and NATO France and Germany. As for himself, he said, ‘‘my only real suc- officials say, the existence of the arms cache ‘‘Working with Klaus Reinhardt is a good cess is to set up this administration,’’ per- was known and the timing of the discovery memory,’’ he said. ‘‘He called me his twin suading Albanian and some Serbian leaders was a message to the former rebels, who had brother.’’ They both came of age in the Eu- to cooperate with foreign officials and begin recently used some of the weapons, to stop rope of 1968. ‘‘I’m a Frenchman and he’s a to share some executive responsibility. their organized attacks on Serbs and mod- German,’’ and 50 years ago, he said, ‘‘no one When the head of the local Serbian Ortho- erate Albanian politicians. could imagine this.’’ dox Church, Bishop Kyr Artemije, and the But few here expect the arrest of former ‘‘It’s much easier to make war than leaders of perhaps half of Kosovo’s Serbs de- rebel commanders who are widely suspected peace,’’ Mr. Kouchner said. ‘‘To make peace cided to join as observers, ‘‘we were very of involvement in corruption or political vio- takes generations, a deep movement and a happy then,’’ he said. ‘‘We were jumping in lence. The reaction may be volatile, officials change of the spirit.’’ He smiled, looked the air. We believed then that we were reach- say: troops could be attacked and the shaky away. ‘‘It’s why I sometimes want to believe ing the point of no return. political cooperation with the Albanians un- in God.’’ But even those Serbs left the executive dermined. EXHIBIT NO. 3 council set up by Mr. Kouchner, only to re- Is the United Nations peacekeeping force turn after securing written promises for bet- too timid? Mr. Kouchner paused and RESOLUTION ON SOUTHEASTERN EUROPE ter security that have prompted the Alba- shrugged. ‘‘Of course,’’ he finally said. ‘‘But The OSCE Parliamentary Assembly, nian Hashim Thaci, former leader of the sep- what can we do? Everything in the inter- 1. Recalling that conflicts in the former aratist Kosovo Liberation Army, to suspend national community works by compromise.’’ Yugoslavia since 1991 have been marked by his own participation. Foreign policemen are also too timid and open aggression and assaults on innocent ci- Bishop Artemije’s chief aide, the Rev. Sava take too long with investigations that never vilian populations, have been largely insti- Janjic, said carefully: ‘‘Kouchner has not seem to be finished, Mr. Kouchner says. But gated and carried out by the regime of been serious in his promises, and the efforts at least now, more than 3,100 of the 4,800 Slobodan Milosevic and its supporters, and to demilitarize the Kosovo Liberation Army international police officers he has been have caused the deaths of hundreds of thou- are very inefficient. But he is sincere, and promised—even if not the 6,000 he wanted— sands of people; the rape, illegal detention this written document is important on its are here, and a Kosovo police academy is and torture of tens of thousands; the forced own.’’ turning out graduates. displacement of millions; and the destruc- A senior Albanian politician said Mr. One of Mr. Kouchner’s biggest regrets is tion of property on a massive scale, includ- Kouchner was ‘‘the wrong man for the job,’’ the slow arrival of the police, which bred a ing places of worship; which he said required more forcefulness and culture of impunity. More than 500 murders 2. Viewing the overall rate of return of ref- less empathy. ‘‘After a year, you still can’t have taken place in the year since the ugees and displaced persons throughout the talk of the rule of law.’’ Still, the politician United Nations force took complete control region to their original, pe-conflict homes, said, ‘‘Kouchner’s instincts are good—he of the province, and no one has yet been con- especially where these persons belong to a knew he had to co-opt the Albanians, that victed. minority ethnic population, has been unac- the U.N. couldn’t run the place alone.’’ There are still only four international ceptably low; Less successful, most officials and analysts judges and prosecutors in a province where 3. Reaffirming the necessity of fulfilling in interviewed here said, is Mr. Kouchner’s violence and intimidation mean neither good faith UNSC resolution 1244 for the set- sometimes flighty, sometimes secretive Serbs nor Albanians can administer fair jus- tlement of the situation in Kosovo, Federal management of the clumsy international bu- tice. Republic of Yugoslavia; reaucracy itself in the year since Secretary What depresses him most, Mr. Kouchner 4. Condemning the continuing violence in General Kofi Annan sent him here to run the says, is the persistence of ethnic violence Kosovo against members of the Serb and United Nations administration in Kosovo. even against the innocent and the care- other minority communities, including hun- Alongside the bureaucrats are the 45,000 givers. One of his worst moments came last dreds of incidents of arson and damaged or troops of the NATO-led Kosovo Force, known winter, he said, when a Serbian obstetrician destroyed Serbian Orthodox church sites, as KFOR, responsible to their home govern- who cared for women of all ethnic groups and dozens of aggravated assaults and mur- ments, not to Mr. Kouchner or even to the was murdered by Albanians in Gnjilane, in ders;

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00052 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.001 S26JY0 July 26, 2000 CONGRESSIONAL RECORD—SENATE 16335 5. Reaffirming the commitment to the sov- law, to continue to provide for the ICRC on- stood on the floor of the Senate and ereignty and territorial integrity of the Fed- going access to all ethnic Albanians kept in spoke in sign language when we passed eral Republic of Yugoslavia, as stipulated by prisons in Serbia, to ensure the humane the Americans with Disabilities Act. UNSC resolution 1244; treatment of such prisoners, and to arrange The reason I did that was because my 6. Noting that the OSCE and the United for the release of prisoners held without Nations High Commissioner for Refugees charge; brother Frank was my inspiration for (UNHCR) have jointly reported that a lack of 20. Encourages the newly elected leader- all of my work here in Congress on dis- security, freedom of movement, language ship of Croatia to continue their efforts to ability law. policy, access to health care and access to reform and modernize their country in a That was the reason that I became education, social welfare services and public manner that reflects a commitment to the chief sponsor of the Americans utilities are devastating the minority com- human rights, the rule of law, democracy With Disabilities Act. I further said munities of Kosovo; and a market-based economy; that I was sorry to say that my brother 21. Condemns the repressive measures 7. Expressing concern for the situation of passed away last month. Over the last missing Albanians, Serbs and people of other taken by the regime of Slobodan Milosevic nationalities in Kosovo and for ethnic Alba- to suppress free media, to stop student and 10 years, he always said me that he was nians kept in prisons in Serbia; other independent movements, and to in- sorry the ADA was not there for him 8. Noting that reports indicate that hun- timidate political opposition in Serbia, all in when he was growing up, but that he dreds, and perhaps thousands, of ethnic Alba- blatant violation of OSCE norms; was happy that it was here now for nians, transferred from Kosovo to jails in 22. Urges the regime of Slobodan Milosevic young people so they would have a bet- Serbia proper around the time of the entry of to immediately cease its repressive measures ter future. Mr. President, we do cele- international forces into Kosovo, have not and to allow free and fair elections to be held at all levels of government throughout Ser- brate today the tenth anniversary of been released in the year since, that several the Americans With Disabilities Act, have received harsh sentences in show trials, bia and monitored by the international com- and that problems regarding access to and munity; which has taken its place as one of the treatment of such prisoners continue; 23. Calls upon Slobodan Milosevic to re- greatest civil rights laws in our his- 9. Recalling that the people and govern- spect human rights and other international tory. ments of the former Yugoslav Republic of norms of behaviour in Montenegro; When you think about it, ten years Macedonia and Slovenia have positive 24. Calls upon the international commu- ago, on July 25, 1990, a person with a records of respect for the rights of persons nity to fully implement the Stability Pact, disability saw an ad in the paper for a under OSCE auspices, in an effort to inte- belonging jto national minorities, the rule of job for which that person was qualified, law and democratic traditions since inde- grate the nations of South-Eastern Europe into the broader European community, and and went down to the business to inter- pendence; view for the job. The prospective em- 10. Welcoming the commitment of the to strengthen those countries in their efforts newly elected leadership of Croatia to to foster peace, democracy, respect for ployer could look at that person and progress regarding respect for human rights, human rights and economic prosperity, in say: we don’t hire people like you, get refugee returns and the elimination of cor- order to achieve stability in the whole re- out of here. On July 25, 1990, that per- ruption; gion; son was alone. The courthouse door 25. Encourages all representatives of the 11. Believing that the people of Serbia international community operating in south- was closed. There was no recourse for share the right of all peope to enjoy life eastern Europe, including the OSCE, the that person because there was no ban under democratic institutions; United Nations, the North Atlantic Treaty on discrimination because of disability. 12. Viewing democratic development Organization and other non-governmental We banned it on the basis of race, sex, throughout Serbia and Montenegro as essen- organizations to actively promote respect for tial to long-term stability in the region, in- religion, national origin, but not dis- human rights and the rule of law; cluding the implementation of agreements ability. So on July 25, 1990, a person 26. Urges participating States to provide with a disability held the short end of regarding Bosnia and Herzegovina and sufficient numbers of civilian police to those Kosovo; international policing efforts deployed in the stick. 13. Noting that the regime of Slobodan conjunction with peacekeeping efforts in But one day later, on July 26, 1990, Milosevic has been engaged in a planned ef- post-conflict situations such as Kosovo; the courthouse doors were opened. A fort both to repress independent media, and 27. Calls upon the international commu- person with a disability could now go to crush political opposition, in Serbia, nity to target assistance programmes to help down to that courthouse and enforce through the use of unwarranted fines, ar- those persons returning to their original his or her civil rights. On July 26th, rests, detentions, seizures, blackouts, jam- homes have the personal security and eco- that one person who was alone the day ming, and possibly assassination attempts, nomic opportunity to remain; and also engaged in an effort to stop student 28. Calls upon the participating States to before became 54 million people, and and other independent movements; organize, including through the OSCE and now that short end of the stick became 14. Recognizing the importance of the Sta- its Office for Democratic Institutions and a powerful club by which a disabled bility Pact to the long-term prosperity, Human Rights (ODIHR) programmes that American could defend his or her peace and stability of southeastern Europe; can assist and promote democratic change in rights. 15. Supporting OSCE Missions throughout Serbia, and protect it in Montenegro; and Ten years ago, we as a Nation com- the region in their efforts to ensure peace, 29. Reiterates its condemnation of any ef- mitted ourselves to the principle that a security and the construction of civil soci- fort to provide persons indicted by the Inter- disability does not eliminate a person’s ety; and national Criminal Tribunal for the Former 16. Recalling the legally binding obligation Yugoslavia, and its support for sanctioning right to participate in the cultural, of States to cooperate fully with the Inter- any State which provides such persons with economic, educational, political and national Criminal Tribunal for the former any form of protection from arrest. social mainstream. Ten years ago, we Yugoslavia, contained in UN Security Coun- The PRESIDING OFFICER. The Sen- said no to exclusion, no to dependence, cil Resolution 827 or 25 May 1993, including ator from Iowa. no to segregation. We said yes to inclu- the apprehension of indicted persons present sion, yes to independence, and yes to f on their territory and the prompt surrender integration in our society to people of such person to the Tribunal; TENTH ANNIVERSARY OF AMERI- with disabilities. That is what the ADA 17. Insists that all parties in the region CANS WITH DISABILITIES ACT make the utmost effort to ensure the safe re- is all about. turn and resettlement of all displaced per- Mr. HARKIN. Mr. President, I ask For me, the ADA, as I have just said, sons and refugees, regardless of ethnicity, re- the indulgence of the Senate to do was a lot about my brother Frank. He ligious belief or political orientation, and to something that I did 10 years ago; that lost his hearing at an early age. Then work towards reconciliation between all sec- is, to recognize the 10th anniversary of he was taken from his home, his family tions of society; the Americans with Disabilities Act by and his community and sent across the 18. Encourages members of all ethnic doing what I did on the floor 10 years State to the Iowa State school for the groups in southeastern Europe, especially in deaf. People often referred to it as the Kosovo, Bosnia and Serbia, to respect human ago. I will do a little bit of sign lan- rights and the rule of law; guage with respect to that. school for the ‘‘deaf and dumb.’’ I re- 19. Reiterates its call upon all authorities (Signing.) member one time my brother telling of the Federal Republic of Yugoslavia, in ac- Mr. President, what I just said in me, ‘‘I may be deaf, but I am not cordance with international humanitarian sign language was that 10 years ago I dumb.’’

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00053 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.001 S26JY0 16336 CONGRESSIONAL RECORD—SENATE July 26, 2000 While at school, Frank was told he ton related that story at the FDR me- When my daughter was just 4 years old, she could be one of three things: a cobbler, morial this morning in celebration of got to call her real father for the first time. a printers assistant, or a baker. When the Americans With Disabilities Act I wish you could have seen the sparkle in her he said he didn’t want to be any one of and reminded me again of what the eyes and the tears in mine as she ‘talked’ with her daddy. It took forever (she couldn’t those things. They said, OK, you are a ADA was all about. As President Clin- type) but the relay service was friendly and baker. So after he got out of school, he ton so eloquently said this morning, it patient. I believe that Relay has played a became a baker. But that is not what is about ensuring that every American part in keeping their relationship strong. he wanted to do. So he went on to do can just do ordinary things, such as use Every little girl needs her daddy. other things, obviously. the phone, go shopping, use public Mr. President, I have a whole stack Everyday tasks were always hard. I transportation. It is also about ensur- of these stories. I will not ask permis- remember, as a young boy, going with ing that every American has access to sion for all, but I ask unanimous con- my older brother Frank to a store and resources as fundamental as health in- sent to have some of the more poignant how the sales person, when she found surance, a job, an education—things stories that I received from around the that we take for granted. out that he was deaf, looked through country be printed in the RECORD. They The ADA is about designing our poli- him like he was invisible and turned to are very short. me to ask me what he wanted; or how cies and physical environment so that There being no objection, the mate- when he wanted to get a driver’s li- we as a Nation can benefit from the rial was ordered to be printed in the talent of every citizen. It is about ac- cense, he was told that ‘‘deaf people RECORD, as follows: knowledging that it costs much more don’t drive.’’ So his life was not easy SUCCESS STORIES FROM U.S. SENATOR TOM to squander the potential of millions of because the deck was stacked against HARKIN’S ‘‘A DAY IN THE LIFE OF THE AMER- him. He truly held the short end of the people than to make the modest ac- ICANS WITH DISABILITIES ACT’’ CAMPAIGN commodations that let all Americans stick. NEW YORK I remember when my brother finally contribute fully. It is about tearing Summary: According to a man in New changed jobs. He got out of baking and down the false dichotomy of abled and York with cerebral palsy, the ADA-required got a job at a plant in Des Moines. He disabled, and realizing that each of us ramps, elevators, automatic doors, curb cuts, had a good job at Delavan’s. Mr. has a unique set of abilities. and accessible transportation have allowed Delavan decided he wanted to hire peo- Mr. President, a few weeks ago, in him to be more independent in his life. ple with disabilities, and so my brother anticipation of this tenth anniversary Thanks to the ADA, he is now able to do his celebration of ADA, I announced ‘‘A own banking, go to the post office or shop by went to work there. He had a great job. himself, or enjoy a meal at a restaurant. He became a drill press operator mak- Day in the Life of the ADA Campaign.’’ I asked people from across America to Reasonable accommodation requirements ing jet nozzles for jet engines. He was send stories about how their lives are have allowed him to work as an advocate for very proud of his work. Later on, I was people with disabilities and earn money to different because of ADA. I wanted to in the Navy, in the military. I remem- contribute to his household expenses. In his find out just what the ADA meant to ber when I came home on leave for words, the ADA has allowed him to ‘‘show other people in ordinary life. my community that I am willing and able to Christmas, and I was unmarried at the Based on these stories, I have learned time. I came home to spend it with my be like anyone else in ways like getting a job that the ADA is truly changing the and being independent.’’ brother Frank, who was also unmar- face of America. Quotation: [Prior to the ADA,] I felt that I ried, and the company he worked for A woman from Vinton, Iowa who uses was not a real human being because people had a Christmas dinner. So I went with a wheelchair wrote to tell me that be- with disabilities . . . were not supposed to be my brother to it, not knowing that cause of the ADA, she now can travel seen or heard . . . [The ADA] opened the door anything special was going to happen. to freedom for people with all types of dis- around the country. She said: abilities . . . The ADA is a step toward It turned out that they were honoring You can’t understand until you’ve been Frank that night, because in 10 years reaching equal ground for EVERYONE! . . . there, searching for a hotel room, a restroom Doing things on my own makes me feel like of working there he had not missed one to stop in, a room to accommodate you, your I am a PERSON and gives me a lot of con- day of work and hadn’t been late once. spouse and your wheelchair. Oh, the joy of fidence in myself’’. now knowing there are rest areas where we Mr. President, that is during Iowa win- TENNESSEE can stop, enter in without great difficulty, ters. So, again, that is an indication of Summary: A man from Tennessee has been just how hard-working and dedicated and then travel on to a waiting accessible motel room! What a good feeling to call quadriplegic since an automobile accident in people with disabilities are when they ahead, make reservations and know that 1990, the very year that the ADA was signed. do get a job. He worked at that plant when we arrive there we’d find a clean room, According to him, the ADA has helped him for 23 years, and in 23 years he missed ready to accommodate my needs. pursue his academic, as well as employment, 3 days of work. And that was because of dreams. The ADA helped him to earn an un- A man from St. Paul, Minnesota who dergraduate degree and was even the subject an unusual blizzard. is visually-impaired wrote to say that Another little funny aside. In ADA, of his master’s thesis during graduate school because of accommodations required at a Tennessee state university. we mandated a nationwide relay sys- by the ADA, he can use city buses with Quotation: [With the passage of the ADA], tem for the deaf, so that a deaf person dignity, hear the audible traffic sig- my physical impairments that had recently could call a hearing person, and a hear- nals, and work. He said that the ADA been introduced to a cold world now had a ing person could call a deaf person also enables him to enjoy cultural ac- blanket. A blanket provided by my country without having to use the TTY. One of tivities, because he can listen to narra- . . . My disability and the ADA were born to- the first calls made on the nationwide gether and this year we celebrate 10 years of tions of plays through earphones and success, for the both of us. relay system was from the White House basketball games through special radio MARYLAND in 1993, when President Clinton put in a receivers. In his words: Summary: A woman from Maryland is the call to my brother Frank. We had it all [The ADA] has made my life 1000 times bet- set up. President Clinton called the mother of three autistic children—all of ter than my father’s who was also totally whom have benefitted from the ADA. Be- number, and the line was busy. All the blind. cause of the ADA, she looks forward to her national press was there and every- And, a woman from Corpus Christi, children graduating from school and working thing. He waited a few seconds and the Texas, whose daughter is hearing im- in the community when they grow up. line was busy again. It was busy three paired told me that her daughter is Quotations: Ten years ago before the ADA or four times. Finally, I called my able to join her schoolmates in classes my boys would have been wrenched with neighbor in Cumming, Iowa, and I said, and activities because of relay services heart ache as they walked with their heads ‘‘Go over and find out what is going hung down in shame. They would feel the and interpreters. The mother also told pain of having a disorder that would make on.’’ My brother was so excited that he me that because of the ADA-required them stand and learn apart from the other had been on the phone talking to his relay services, her daughter was able to children at school. I am not sure what their friends. He forgot that the President speak with her father for the first future holds in store. I know that the sup- was going to call him. President Clin- time. ports are in place.

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00054 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.001 S26JY0 July 26, 2000 CONGRESSIONAL RECORD—SENATE 16337

SACRAMENTO, CALIFORNIA Quotation: The impact of the ADA is felt BROOKLINE, MASSACHUSETTS Summary: A man with muscular dystrophy throughout my daily life. When I turn on the Summary and Quotations: A hearing-im- from Sacramento, California, cannot imag- TV in the morning, I can watch captions and paired man from Brookline, Massachusetts, ine what his life would be like without the public service announcements because of the writes to praise the ADA. Having grown up ADA and celebrates July 26 as the ‘‘Other ADA. When I go to work and make phone in Trinidad without the benefits of disability Independence Day.’’ He credits the ADA with calls, I use the telecommunication relay legislation, he appreciates being able to at- making his life ‘‘full and independent’’ by re- services enacted by the ADA. I talk with my tend open-captioned movie theaters, use the quiring stores, restaurants, parks, and thea- friends who are given accommodations on Boston subways, which have visual displays ters to be accessible to all people. the job as required by the ADA. In the after- announcing stops, and have access to inter- Quotation: The ADA embodies what people noon I go to the doctor’s office and am able preting services for work-related meetings with disabilities really want, to be viewed as to communicate with my doctor because the and training sessions. He writes of the people first, not judged or excluded because ADA has required the presence of a sign lan- ‘‘growing respect’’ people give to individuals of our disabilities. We want to earn a living, guage interpreter. After the doctor’s office, I with disabilities and ‘‘awareness’’ that is raise families, go to restaurants, churches decide to go shopping and am able to find a motivated by more than ‘‘just a legal obliga- and live our lives as independently as pos- TTY (as required by the ADA) in the mall to tion.’’ sible with dignity and respect and not be ex- call my family and let them know that I will ROCKY MOUNT, NORTH CAROLINA be a bit late arriving home. After dinner cluded because of barriers—be they architec- Summary: A man in Rocky Mount, North with my family, I go to [city meeting] . . . tural, communication or attitudinal bar- Carolina who has been a paraplegic all his and am able to participate fully . . . because riers. life thanks the ADA for allowing him ‘‘to be- the ADA allows me to receive the services of MOSS POINT, MISSISSIPPI come as independent as others.’’ He now has a sign language interpreter. In short, the access to a variety of school, shopping malls, Summary: A woman from Moss Point, Mis- ADA has had a major impact on almost and sports and entertainment events. Be- sissippi has been in a wheelchair since 1997. every facet of my life. The ADA makes it possible for her to do her cause of the ADA, he has job opportunities own grocery shopping, attend events at her WAUKEGAN, ILLINOIS that he never could have dreamed of growing grandchildren’s school, go to dinner ‘‘any- Summary: A 25-year-old social worker who up. where,’’ travel, and stay in a handicapped is sight impaired writes from Waukegan, Illi- Quotation: ‘‘When I was growing up I had room at a motel with the ‘‘greatest shower nois. According to her, Title III of the ADA to go to certain schools and shopping malls [she has] ever seen’’. has allowed her to receive bank statements that were accessible. Sports and entertain- Quotation: No one plans to become handi- in Braille and to balance her checkbook. She ment was something you dreamed about, but capped, but I am grateful the ADA Program is now able to enjoy a level of privacy that was never able to participate in.... But planned for me. many Americans take for granted. now things are different, thanks to the [ADA] . . . [The ADA] has made us . . . able ARROYO GRAND, CALIFORNIA Quotation: I now receive my statements in the mail every month, as do other bank cus- to say, ‘‘Don’t look at my disability, but Summary: A man from Arroyo Grand, Cali- tomers. This might seem like a small victory look at my ability.’ ’’ fornia who uses a wheelchair says that he to some. Obviously such people have never ARKADELPHIA, ARKANSAS has benefitted from the ADA in a variety of been denied the ability to read something so Summary: A sight-impaired student in ways. Because of the ADA, he is able to personal as a bank statement. watch his nieces play basketball in an acces- Arkadelphia, Arkansas, credits the ADA for sible gymnasium, to play chess in accessible LAS CRUCES, NEW MEXICO making her first year at a state university a recreation rooms, even to attend a Bob Summary: A woman from Las Cruces, New ‘‘beautiful experience and resounding suc- Dylan concert and to shut his own apart- Mexico, uses a wheelchair and credits the cess.’’ Because the ADA requires colleges to ment door. ADA for allowing her to ‘‘pick up and make ensure equal access to educational informa- Quotation: The success of the Americans a move across the country’’ to a new home. tion, she is able to get a quality college edu- with Disabilities Act over the last ten years She says that the ADA has given her her life cation. was caused by its enormous power. Knowl- back and made her a ‘‘possibility-thinker’’ Quotation: [The ADA] has really helped edge of its power brings improvement. The again. the disabled people that are present on our reason the ADA is powerful is that all busi- Quotation: I know that things are made campus to get as good an education as pos- nesses know about it, and people with dis- possible for the disabled now because IT’S sible and also to make their college career a abilities can communicate with that power- THE LAW. We have greater options, self-re- beautiful experience and a resounding suc- ful knowledge . . . Everywhere I go today I spect and better public awareness because of cess. can seriously say ‘‘ADA’’ and get a response. the ADA . . . My independence and free will SOUTH AMBOY, NEW JERSEY SALEM, INDIANA are intact. Summary: A woman from South Amboy, New Jersey who has mental, behavioral, and Summary: A woman from Salem, Indiana, TEXAS learning disabilities says that the ADA has uses a wheelchair and has limited use of one Summary with Quotation: A woman from made her feel included in community life. arm. She credits the ADA for the construc- Texas is hearing-impaired and writes of how Through her local independent living center, tion of buildings where her disability ‘‘never the ADA has allowed her to return to aca- a psycho-social rehabilitation program, an occurs to [her]’’—with aisles wide enough to demia. After teaching for 20 years, she was anger management workshop, and other sup- accommodate a wheelchair, bathrooms that forced to quit teaching college-level English port and advocacy groups, she has learned to are accessible, and drinking fountains at when she could no longer hear her students accept her disabilities and ‘‘welcome them as chair level. She writes of the joy of being al- in the classroom. In her words ‘‘it tore my a dimension to [her life].’’ heart out to give it up.’’ Now, because of lowed access, via outside elevators and Quotation: Most importantly, I strongly services for disabled students required by the ramps, to such historical sites as Thomas believe that the ADA is breaking both phys- ADA, she can attend literature courses at a Jefferson’s Monticello and the Lincoln Me- ical and attitudinal barriers in the commu- university by wearing a headset that ampli- morial. nity and society so citizens with all disabil- fies her professor’s voice. In her words, ‘‘[it] Quotation: Dear ADA, Thank you for being ities are able to live, inclusive, full, produc- was sheer heaven to be in the classroom there when we need you, the curb cuts, low- tive, and independent lives. incline ramps, the grab bars and the list goes again.’’ Mr. HARKIN. Mr. President, the on and on . . . ADA, what life has done to us, GLEN ELLYN, ILLINOIS you have equalized it, with accessibility. ADA, of course, ultimately is about our Summary and Quotations: A man in Glen children. They will be the first genera- GREENBELT, MARYLAND Ellyn, Illinois who is sight impaired regards Summary: A man who lives in Greenbelt, the ADA as ‘‘a necessary civil rights law.’’ tion to grow up with the ADA—the Maryland and is hearing impaired thanks the Because of the ADA’s employment provi- first generation in which children with ADA for increasing public awareness of the sions, he has been able to ask his employer and without disabilities play together abilities the ‘‘disabled’’ have. He praises the to make materials—such as benefits infor- on the playground, learn together in ADA for helping him become an attorney mation, texts for training courses, and time school, hang out together at the mall and allowing him to help other people with sheets—in an alternative format. Because of and the movie theater, and go out to- disabilities ‘‘achieve their dreams.’’ Accord- the ADA’s transportation provisions, he has gether for pizza. These children who ing to him, the ADA has impacted almost been able to travel on public transportation, will grow up as classmates and friends every aspect of his daily life, from the time because bus drivers now call out individual he turns on the television with closed-cap- stops. Because of the ADA’s public accommo- and neighbors will now see each other tioning in the morning, to the time he at- dation requirements, he is able to order what as neighbors and coworkers—no longer tends a city advisory meeting with an inter- he wants at restaurants and to attend hotels segregated. That is what the ADA is preter at night. and movie theaters independently. about. It has opened up new worlds for

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00055 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.001 S26JY0 16338 CONGRESSIONAL RECORD—SENATE July 26, 2000 people with disabilities—where people tional rights to equal protection under choice to live in their communities. with disabilities are participating more the law. It is up to this Federal Con- Right now, Medicaid is biased toward and more in their communities, living gress to ensure that citizens with dis- institutionalization. fuller lives as students, as coworkers, abilities get that equal treatment. Why shouldn’t we give a person with as taxpayers, as consumers, voters, and That is why we have title II of the a disability the right to decide where neighbors. ADA. he or she wants to live and how they But we must never forget that pro- In sign language, there is a wonderful want to live? Let them live in their hibiting discrimination is not the same sign for America. It is this: This is the own home, in their own community as ensuring equal opportunity. Presi- sign for America, all of the fingers put settings. That is what S. 1935 is about. dent Johnson understood this when he together, joining the hands in a circle. The disability community all over this said: ‘‘[Y]ou cannot shackle men and That describes America for all. We are country understands personal attend- women for centuries, then bring them all together. We are not separated out. ants are sorely needed. No individual to the starting line of a race and say, We are all within one circle; a family— should be forced into an institution ‘You see, we’re giving you an equal the deaf sign. It is not separate and just to receive reimbursement for serv- chance.’ ’’ apart. It is not one State and another ices that can be effectively and effi- That is why we all work so hard for State when it comes to civil rights and ciently delivered in the home of the the Ticket to Work and Work Incen- ensuring equal protection of the law. community. Individuals must be em- tives Improvement Act because we had We will not let the Supreme Court re- powered to exercise real choice in se- to set the stage to change the employ- write history and erase civil rights— lecting long-term services and supports ment rate for people with disabilities. the national civil rights for people with that meet their unique needs and allow That is why we all work so hard to de- disabilities. them to be independent. Federal and fend the Individuals with Disabilities Finally, we have to close the digital State Medicaid policies should be re- Education Act, because there is no divide to make sure that people with sponsive to and not impede an individ- equal opportunity without education. disabilities have full access to the new ual’s choice in selecting services and I am proud that this morning Presi- technologies. supports. dent Clinton announced a new effort by Last night, Vice President Gore held This bill eliminates the bias toward the Federal Government to open up an a reception at the Vice President’s institutional care. It would help deliver additional 100,000 jobs in the Federal house for literally hundreds and hun- services and supports consistent with Government for people with disabil- dreds of people with disabilities from the principle that people with disabil- ities. That is leadership. I thank Presi- all over America. It was a great event ities have the right to live in the most dent Clinton for providing that leader- to celebrate the 10th anniversary. In integrated setting appropriate to meet- ship. one tent, they set up a wide variety of ing that individual’s unique needs. Again, that is why we have to fight new technologies to assist people with In last year’s Olmstead decision, the against genetic discrimination. That is disabilities. I was particularly taken Supreme Court found that to the ex- why we have to add people with disabil- with one new device that had a cathode tent that Medicaid dollars are used to ities to the Hate Crimes Act that ray tube, CRT. It was hooked up to a pay for a person’s long-term care, that passed the Senate, and to make sure it PC. There was a little device under the person has a civil right to receive those becomes law. net, a CRT that looked up at your eyes. services in the most integrative set- That is why we have to fight to make You sat there for a second and it cali- tings. Therefore, we in Congress have a sure we don’t lose in the Supreme brated it. With your eye movement responsibility to help States meet the Court what we gained in Congress. alone, you could turn on lights, turn financial costs associated with serving There is a case now pending before the off lights, make phone calls, talk to people with disabilities who want to Supreme Court in which a State has ar- people, type letters, get on the Inter- leave institutions and live in the com- gued that title II of the ADA which ap- net, only by moving your eyes. munity. MiCASSA, as the bill is plies to State governments should be Think about what that means for known, S. 1935, will provide that help. held unconstitutional because the Fed- people who have Lou Gehrig’s disease A lot of people say this will cost eral Government does not have the or severe cerebral palsy. There are a money. Actually, it will save money. power to enforce the ADA against the lot of disabled people who can’t do any- Medicaid spending on long-term care in States in the way other civil rights thing but move their eyes. But their 1997 totaled $56 billion, but only $13.5 laws are. mind is perfect. billion was spent on home and commu- The Civil Rights Act of 1964, which One perfect example that Vice Presi- nity-based services. That $13.5 billion prohibits discrimination on the basis of dent Gore always uses is Stephen Haw- paid for the care of almost 2 million race, applies to all the States and kins, perhaps the smartest individual people. State governments. Now a State is ar- in the world, who is fully immobile be- In contrast, the $42.5 billion we spent guing that the ADA, a civil rights law cause of his disability. Yet here is a on institutional care paid for just a lit- for people with disabilities, should not machine that will allow him to more tle over 1 million people. apply to States. They are saying: Don’t rapidly access information and to write The average annual cost of institu- worry. The State says: Leave it to us. his wonderful books about the uni- tional care for people with disabilities We will make sure that people aren’t verse. That is what I mean when I say is more than double the average annual subject to employment discrimination. we ought to close the digital divide be- cost of providing home and commu- We will make sure that people aren’t cause there is so much out there that nity-based services. Right now, all forced to live inside institutions or car- can help people with disabilities. across the country, hundreds of thou- ried up the steps in order to get into Lastly, I say that the next step we sands of people are providing unpaid the local courthouse. have to do is fight and win against the support to sons and daughters, moth- Some of us remember after the 1964 continued segregation of people with ers, fathers, sisters and brothers, to civil rights bill was passed that States disabilities from their own commu- allow them to remain in the commu- were arguing the same thing: Leave it nities. That is why we have to move nity. Yet when they turn to the cur- to the States; they will take care of forward on the bill called MiCASSA, S. rent long-term care system for relief, civil rights; we don’t need the Federal 1935, a bill that is pending in the Sen- all too often all they can do is add Government coming in. ate right now—the Medicaid Commu- their name to a very long waiting list. What I think we are forgetting is nity Attendant Services and Supports That is not right. That is not just. that this is a civil rights law that cov- Act—a bipartisan bill that will elimi- That is not fair. These family care ers the citizens of America. We are all nate institutional bias in the Federal givers are sacrificing their own em- in this together. We are talking about Medicaid program and give people with ployment opportunities and costing the citizens’—Federal, national—constitu- disabilities and the elderly a real country millions in taxable income.

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00056 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.001 S26JY0 July 26, 2000 CONGRESSIONAL RECORD—SENATE 16339 Lastly, I take a moment to remark I include in that many of my fellow humor, there and elsewhere: Dry, on the surplus. Lately that is all we are Senators and Representatives. This gentle, always to the point. It was a de- hearing about is how much surplus we was never a partisan bill. It is not now lightful pleasure to share those mo- will have over the next 10 years. I hear a partisan bill. It will never be a par- ments, sometimes stressful, sometimes now it is up to $2 trillion and counting. tisan bill. Too many good people on marvelously relaxed, with such a man. We have some very important decisions both sides of the aisle worked hard. If you sought advice on a matter of to make about what we do with the Senator Weicker, who led the charge vitally important public policy, Paul surplus. Everyone is lining up—tax early on, before I even got to the Sen- Coverdell was one of the first you breaks here, tax cuts here, tax breaks ate; Senator Dole, who worked so hard, would seek out. You knew that any- here, for business, for corporations, for so long, to make sure we got ADA thing he would discuss with you would this group, for that group—all lining through; Boyden Grey, Counsel to the be filled with wisdom and common up to get some of that surplus. President who worked with us every sense, and that stacking your remarks I believe we have to make some im- step of the way; Attorney General Dick against his would focus and sharpen portant decisions. I believe we have to Thornburgh, what a giant he was, hung your own thoughts and your own ideas. use that money to pay down the debt, in there, day after day, working to It hardly mattered what the subject shore up Social Security, make sure make sure we got it through. On our was—education, taxes, national secu- that our seniors get what they need side of the aisle, Senator KENNEDY, who rity, a dozen others; the advice was al- under Medicare. With all these groups made sure we had all the hearings, got ways good and always relevant. lining up to get a piece of the action on the people there, made the record, to If you then sought tactics or advice the surplus, I am asking: What about ensure that ADA was on solid ground; on how to accomplish a shared goal, the disability community? What about Tony Coehlo from the House of Rep- Paul Coverdell was a man whom you sought out. Particularly if there were the Americans all over our country resentatives, and Representative STENY an individual in your own party, or in who want to live in their own commu- HOYER in the House; Congressman nities, who want supportive services in Steve Bartlett, another great giant, the other party, whom you might be their homes, who want personal assist- Republican leader in the House at that reluctant, for one reason or another, to ance services so they can go to work time, later on became mayor of Dallas. approach, you could ask Paul Coverdell to do it for you, and he would. There every day? I believe we should use He was there this morning, too. some of that surplus to make sure that At that time, there weren’t Demo- was no task, there was no detail that all Americans have the equal right to crat and there weren’t Republicans. We was too small for him, none that he thought was beneath him, if it was con- live in the community—not just in were all in that same boat together, structive, if it would help the cause in spirit, but in reality. and we were all pulling together. We As I said, our present Medicaid policy the long term. were, as I said earlier, Mr. President— One way in which you can determine has an institutional bias. We need to the deaf sign for Americans is this individuals’ reactions to other individ- use some of this surplus to get people (signing)—all of us together, fingers uals is in a group. At the Republican in their own homes and communities. intertwined, all of us in that same fam- conference meeting immediately before There may be some transitional cost, ily circle. That is what ADA is about. the Fourth of July recess, Paul Cover- but we know later on when these peo- It is about this deaf sign. We are all in dell, as the Secretary of the con- ple start going to work, when their this together. ference, presented us a little plastic families and the family care givers who We want to make sure the ADA real- note card, the top of which read ‘‘Re- are at home now and underemployed, ly does stand for the American dream publican Policy.’’ I no longer remem- are employed, when they go to work for all. ber the particular subject, but I do re- they are working, making money, pay- I yield the floor. member that first one or two people ing taxes. The PRESIDING OFFICER (Mr. said, ‘‘I don’t agree with point 3.’’ Pret- Yes, when we are talking about what BROWNBACK). Under the previous order, ty soon, everyone was piling on. Fi- we are going to do with that surplus, Senator DEWINE is recognized. nally, one of our colleagues wrote let’s not forget we have millions of Mr. GORTON. Mr. President, I be- across the top of this, ‘‘One Repub- Americans far too long segregated, far lieve the Senator from Ohio will yield lican’s Policy,’’ and handed it back to too long kept out of the main stream of to me, and I ask unanimous consent to Paul Coverdell, who just went back to society, far too long denied their rights be recognized for a few remarks in perfect his message. as American citizens to full integration morning business. Whom you tease, you generally love. in our society. It is time we do the The PRESIDING OFFICER. Without That in many respects was an expres- right thing. It is time when we make objection, it is so ordered. sion of the love and respect his Repub- decisions about the surplus, we use f lican colleagues had for Paul Coverdell. some of that to make sure that people Paul Coverdell made us all proud of with disabilities are able to live and REMEMBERING SENATOR PAUL COVERDELL our profession, a profession often criti- work and travel as they want. cized, in fact a profession rarely ADA may stand for the Americans Mr. GORTON. Mr. President, all last praised. When a State sends a Paul with Disabilities Act, but it stands for week I deferred coming to the floor to Coverdell to the Senate, it is proof more than that. It really stands for the speak about my friend, Paul Coverdell, positive that our system works. And American dream for all. on the ground that it might be easier when the Senate of the United States In closing, as I said earlier, my to do so this week. It is not. It is not, listens to and respects and follows a brother, Frank, passed away last but it is vitally important to memori- Paul Coverdell, that, too, is proof that month. I miss him now and I will miss alize such a friend. our system works. When, as was my him forever. He was a wonderful broth- Every Monday evening or Tuesday privilege, you come to know and be be- er to me. He was a great friend. He was morning, Paul Coverdell and I sat at friended by a Paul Coverdell, you are my great inspiration. He was proud of the end of the table during leadership especially privileged and especially what the ADA meant for people with meetings in the majority leader’s of- honored. I was so privileged. I was so disabilities. For 10 years he and mil- fice, with an opportunity to comment honored. lions of people across our country lived on all of the issues that came before I will not know his like again. out its possibilities. So I thank my that group. Frequently, however, at The PRESIDING OFFICER. The Sen- brother, Frank. I thank everyone else the end of the table, we would ex- ator from Ohio. in the entire disability community who change whispered remarks on some of Mr. DEWINE. Mr. President, I con- was an inspiration for me, who worked the other people or subject matter, ei- gratulate my colleague from Wash- so hard for the Americans with Disabil- ther present or not present. Paul ington State on very eloquent com- ities Act. Coverdell had a wonderful sense of ments about our dear friend, Paul

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00057 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.002 S26JY0 16340 CONGRESSIONAL RECORD—SENATE July 26, 2000 Coverdell. I had the chance a few days work with interns in a Congressman’s ber on the subcommittee, Senator ago to make some more extensive com- office. She goes to great lengths to COCHRAN and Senator KOHL, and also ments than I will tonight about Sen- make sure these young people who the chairman and ranking member on ator Coverdell. But I just want to add, come out from Ohio to serve the people the full committee, Senator STEVENS I had the opportunity, as many Mem- and to learn have meaningful experi- and Senator BYRD, for their continuing bers of the Senate did, to travel to At- ences in Washington, that they feel at ongoing support of Public Law 480. lanta this past weekend to participate home, that they have someone to look I am very pleased the committee in- in that very wonderful service for our out for them. cluded language in the Agriculture ap- dear friend. I don’t think it really hit Ginny has spent the last 30 years propriations bill that will maintain the me that he was really gone until I got helping people in our district and has same level of USAID resources for the back this week to Washington and truly gotten to know the people of the Orphan Feeding Program in Haiti as started contemplating this Senate Seventh District, and they know that were provided for our current year. I body without Paul Coverdell and all she cares about them. She is the one urge my colleagues in conference to that he meant to each and every one of constant in the office of the Congress- continue this language and continue us. He was our friend. We loved him man from the Seventh Congressional this program. very much. This body, this institution, District. Whether it was Bud Brown, The reality is that the country of is a poorer place because he is gone. MIKE DEWINE, or DAVE HOBSON, Ginny Haiti is a great human tragedy. The Each one of us is richer because we Gano has been there. Ginny Gano is nation is in turmoil on a political, eco- were privileged to know this very making a difference. nomic, and humanitarian level. Though gentle, this very kind, this very sweet, One of the things I appreciate about the small island nation finally did hold this very good man. Ginny so much is that she has a way its parliamentary elections in May f about her that makes everyone feel at after three previous postponements, HONORING VIRGINIA ‘‘GINNY’’ ease. Whether it is a group of school- and though voter turnout was certainly GANO children from Greene County or maybe acceptable and the citizens were vot- someone whom she bumps into in the Mr. DEWINE. Mr. President, on a ing, the openness of these elections re- Rotunda of the Capitol, a total strang- happy note, I rise this evening to honor mains in serious question. The violence er, it does not matter; Ginny is there someone who has spent the last 30 against opposition party members and to help them and she makes everyone years of her life serving the people of supporters leading up to the May elec- feel welcome in our Nation’s Capitol. this country, of this Congress, of the tion cast serious doubt on the legit- Ginny is a caring and compassionate State of Ohio; specifically, of the Sev- imacy of this election. human being. Being around Ginny enth Congressional District in Ohio. Leon Manus, the president of the I am talking about a dear friend of Gano just makes you happy. She is electoral council, resigned after the mine, Virginia ‘‘Ginny’’ Gano. I had that type of person. Her smile, her spir- first round of elections and had to flee the great pleasure and honor to work it, her energy—you just feel good when the country fearing for his life after with her during my years as Congress- you are around Ginny Gano. having accused the Haitian Govern- man from the Seventh Congressional Ginny has dedicated some of her free ment of pressuring him to approve the District in Ohio. Ginny is now in her time—the little free time she has—to questionable election results. something she loves: music. For years 31st year of service to the people. She The international community has se- she has participated with a great deal is truly an ambassador for the Seventh verely and justifiably criticized both of enthusiasm in the Capitol Hill Cho- district and for the entire State of rounds of elections, with the European ral Society. She also has been a driving Ohio. Union threatening economic sanctions. force behind the Ohio State society’s Ginny grew up in Springfield, OH. In spite of widespread criticism, in selection of the cherry blossom prin- She started working for Congressman spite of OAS refusal to recognize the cess every spring. Bud Brown at a very young age in 1969. contested election results, Haitian offi- In 1982, when I was elected to the House My wife Fran and I are just so proud to call Ginny Gano a friend. I thank cials proceeded with the runoff elec- of Representatives, I asked Ginny if tions on July 9, and, as expected, a she would come work with me. I be- her for over 30 years of dedicated serv- ice to the people of the Seventh Con- handful of Haitians turned out to vote, came the Congressman. Ginny agreed just a handful of people for the few leg- to stay on and work in our office. Dur- gressional District of the State of Ohio. Ginny, thank you. islative and local offices that were not ing that time, Ginny Gano was really already won by the ruling Lavalas invaluable to me and invaluable to our f Party. office and to the people of the district. P.L. 480 ASSISTANCE IN HAITI Prior to these elections, I spoke on She had and has an unbelievable wealth of knowledge and institutional Mr. DEWINE. Mr. President, I want the Senate floor about Haiti’s dis- memory. If you want something done, to talk this evening about an issue tressing political and economic situa- if you want to know something, you about which I have spoken before on tion. I talked at that time about how it ask Ginny Gano. the floor of the Senate, and that is the was incumbent upon the political elite In 1991, she joined current Seventh situation with the children in the poor and the ruling party in Haiti, the District Congressman DAVID HOBSON’s country of Haiti. I rise tonight to re- Fanmi Lavalas Party, to make and to team. This evening—I am sure at this mind my colleagues of a very impor- take reforms seriously. As I said then, very moment—knowing Ginny, she is tant feeding program that is crucial to and I have said many times before, still at work in the Longworth Build- these children. The program I am talk- Haiti simply will not progress until its ing serving the people in the district. ing about, of course, is the Public Law political leaders and the elite in that Ginny is one of the hardest working 480 title II Food Assistance Program country take responsibility for their people whom I have ever met. With her which, according to the USAID mission situation and commit to true demo- resources, her experience, and her in Port au Prince in Haiti, helps feed cratic reform. knowledge, she can answer any ques- roughly 500,000 Haitian schoolchildren Regardless of the recent election out- tion or just about any request made of and almost 10,000 orphaned children come, Haiti can succeed as a democ- her. She never says no. She is that through its Orphan Feeding Program. racy if and only if the leaders of the good. She gets the job done. She just As we know, funding for the P.L. 480 nation, the political elite, the ruling knows how to get it done. Whatever title II program was included in the elite, the economic elite, resolve to de- you want, Ginny will figure out a way Senate fiscal year 2001 Agriculture ap- velop a free market system, resolve to of getting it done. propriations bill, which we in the Sen- reduce corruption, resolve to improve One of the many things that Ginny ate recently passed. I commend and Haiti’s judicial system and its election has done over the years has been to thank the chairman and ranking mem- process, resolve to respect human

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00058 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.002 S26JY0 July 26, 2000 CONGRESSIONAL RECORD—SENATE 16341 rights and develop a sustainable agri- children and felt their malnourished Ohio, a true renaissance man. I am cultural system that can feed its peo- bodies. But we have also seen what can talking about Erv Nutter, who died on ple, and especially the poor children of happen with these children, and how so January 6 of this year at the age of 85. Haiti. many dedicated people working in I am honored to have known Erv and Despite the success—I have seen it; these orphanages can literally nurse am humbled to have the chance this and there has been success—of some these children back to life. evening to say just a few words about USAID programs to promote growth in The orphanages of Haiti feed and what his friendship has meant to me Haiti’s agricultural sector, past defor- take care of thousands upon thousands and my family, to my community, and estation and a lack of education about upon thousands of orphaned and aban- to my State. how best to use the land for both short- doned children. The flow of desperate Ervin John Nutter was born in Ham- term and long-term economic gain children into these orphanages is con- ilton, OH, on June 26, 1914, to parents have slowed, almost to a standstill, stant, and these facilities face the in- he described as ‘‘a Kentucky school- any improvement in the agricultural creasing challenge of accommodating teacher and a Wyoming cowboy.’’ He sector. these children. was a running guard on the State Because of that, I firmly believe that It is these children who need our help championship Hamilton High School the United States should continue ef- the most. It is these children who are football team and later graduated from forts aimed at teaching Haitian farm- not capable of providing for them- there. He attended Miami University in ers viable ways to farm—agriculture selves. That is why I am convinced Oxford, OH, and then transferred to the that produces food for the Haitian peo- that the Public Law 480 title II feeding University of Kentucky where, at the ple now and conserves the land for pro- program is absolutely essential. This age of 21, he dropped out to take the duction in the future by generations to low-cost program guarantees one meal Ohio examination for stationary engi- come—agriculture that shows farmers per day to orphan children who other- neers. Following that test, he became how sustainable agriculture is really in wise would not receive any food at all. the youngest licensed engineer in Ohio, their best economic interest, both in The school feeding program is also and then took a job at Proctor & Gam- the short run and in the long run. essential because the title II assistance ble in Cincinnati. Efforts to work directly with farmers program—the offer of a free meal to In 1943, Erv returned to the Univer- provide the greatest hope of preventing these children, and the parents who sity of Kentucky to earn his degree in Haitians from abandoning agriculture send their children to school—helps mechanical engineering. After gradua- for urban areas, such as Port-au- keep Haitian children in school. tion, he took a job in the engineering Prince. One of the biggest problems in I again thank the committee for its division of the Air Force at Wright- Haiti is that so many people who are support for and its commitment to Patterson Air Force Base, where he not making it in agriculture at all, Public Law 480 title II assistance for was put in charge of aircraft environ- who can’t feed their family, under- these children in Haiti. mental testing. standably flee the countryside and go I urge my colleagues on the con- Then in 1951, Erv Nutter founded the into one of Haiti’s big cities, only to ference committee—and throughout Elano Corporation, which fabricates face worse poverty and create a more this year, and into the next—to con- metal parts for jet engines. He started dire situation for their family. The tinue their support for this program. the business in a Greene County, OH, only way that will stop is if Haiti can f garage. Elano grew and grew, and it develop, with our assistance, with the grew ultimately into a multimillion- assistance of the international commu- COMMENDING AMBASSADOR TIM dollar business that has influenced nity, a viable, sustainable agricultural CARNEY aviation worldwide, through precision program. Mr. DEWINE. Mr. President, on an- forming and bending of tubular assem- As I have said, I have visited Haiti other matter related to Haiti, I take blies for fuel, and lubrication and hy- eight or nine times. My wife and I have this opportunity this evening to com- draulic systems for jet aircraft and seen many of these programs and have mend and thank my friend, Ambas- missiles. seen that they do, in fact, work. But sador Tim Carney, for his 2-year serv- I met Erv Nutter for the first time in until sustainable improvements are ice as U.S. Ambassador to Haiti. Tim 1973. I was right out of law school, on made in the Haitian agricultural sec- and his wife Vicki proudly represented my first job, as an assistant county tor, I believe we have a responsibility— the United States. Day in and day out, prosecutor in Greene County. I remem- I believe we have an obligation—to en- they were committed to helping the ber Sheriff Russell Bradley and then- sure that humanitarian and food as- people of Haiti overcome their dismal county prosecutor Nick Carrera, and I sistance continues to reach this tiny surroundings and their dire cir- were conducting a major drug inves- island nation and most particularly, cumstances. Tim and Vicki worked to tigation. It was going well. The only most importantly, continues to reach alleviate hunger and poverty through- problem was, we had run out of money. these children. out the island and encouraged practical So we went to some people in the That is why it is vital that we main- economic reforms. community. One of the first people we tain current funding levels for the Pub- Through the support and cooperation went to was Erv Nutter. To keep that lic Law 480 title II assistance program of Ambassador Carney and Vicki, the investigation going, we simply had to for Haiti and other parts of the world conditions of several Haitian orphan- have some financial assistance. So we as well. The simple fact is, this pro- ages continue to improve. Although asked Erv if he would help. Without gram is essential to the survival—lit- the Carneys’ assignment in Haiti has any hesitation, as Erv would always erally the survival—of many thousands concluded, their commitment con- do—he didn’t ask anything—he just of Haitian children, especially those tinues today. said: Sure. If you boys think it’s a good living in overcrowded orphanages. My wife Fran and I appreciate their idea, if you think we need to do it, I’ll There are currently 114 orphanages friendship. We appreciate the support do it. throughout Haiti receiving USAID and help they have given to the chil- When it came to his community, Erv funds and caring for a vast number of dren of Haiti. We look forward to con- was always ready to lend a hand, children. Quite candidly, these rep- tinuing our work with them to help the whether with his financial resources or resent just a small fraction of the total children of Haiti. his time and energy. That was just Erv number of orphanages on this island. f Nutter. My wife Fran and I have traveled to Erv has been a role model for so Haiti repeatedly—eight times in the TRIBUTE TO ERV NUTTER many people throughout the years. past 5 years. We visited many of these Mr. DEWINE. Mr. President, I rise Through his kindness and extreme gen- orphanages. We have seen the dire and this evening to celebrate the life of a erosity, he has taught invaluable les- dismal conditions. We have held the great man from my home State of sons, such as the importance of giving

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00059 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.002 S26JY0 16342 CONGRESSIONAL RECORD—SENATE July 26, 2000 back to our communities, the impor- of us. Erv Nutter took great pleasure and he has performed the anthem on tance of building and trusting our in sharing his personal success with national television for events such as neighbors, and the economic future of the whole community. I was particu- the NBC game of the week, an Amer- our villages and our cities. larly struck by Erv’s humility. I re- ican League playoff game, the 1981 All Through the years, he donated mil- member that he once told the Xenia Star game, and countless other tele- lions of dollars to the University of Daily Gazette he was the luckiest man vised sporting events. Dubbed by Peo- Kentucky and Wright State University. in the world. He was lucky because he ple’s magazine as one of the best an- Today, two buildings at the Lexington had had the opportunity to do so many them singers in America, he is the first campus bear Erv’s name, as does things he had never, ever, in his singer to perform the national anthem Wright State University’s indoor ath- wildest dreams, thought he would be for the Baseball Hall of Fame in Coop- letic complex. able to do. He told the paper: erstown, NY. He is a featured singer for Erv Nutter was a blunt man. He was No one can achieve success by himself. I the Indians, Cleveland Cavaliers, and an open man. He was a man who would think this is one of the most important Cleveland Force, and he is the perma- tell you what he thought, never afraid things for people to remember today. nent singer of the anthem for the Foot- in any way to express his convictions Erv didn’t seek credit. Rather, he ap- ball Hall of Fame ceremonies in Can- or his strong beliefs. preciated his success and understood ton, OH. That is one of the things that made that his community was a great part of While Rocco is most known for his Erv Nutter so endearing. It has been that success. We all admired Erv Nut- rendition of the national anthem, he is said that the greatness of a man can be ter. We all respected him. also a featured singer of other nations’ measured by the extent and the As Chesterton once said: anthems. He has sung the Polish na- breadth of his interests and how he Great men take up great space, even when tional anthem for Polish boxing team acts on those interests to make a dif- they are gone. matches, the Hungarian national an- ference in this world. Surely by that Erv Nutter will continue to take up them for Hungarian basketball games, test, Erv Nutter was a great man. He great space on this Earth, not just in the Italian national anthem for Italian was so passionate about his interests, buildings but in lives touched and lives soccer team contests, and the Israeli and what interests he had: agriculture, changed. Erv Nutter will continue to national anthem for the appearance of technology, wild game conservation, live on through the great work he has the Assistant Prime Minister of Israel education, sports, history, aviation, or done. He also will live through his won- in Cleveland. working for a better government. derful family: his wife Zoe Dell, Joe, Needless to say, Rocco Scotti is an Whatever Erv was interested in, he Bob and Mary, Ken and Melinda, Katie American icon. His voice, indeed, is a cared passionately about and he acted and Jonathan. national treasure. What impresses me upon. And in each area, he made a dif- We pay tribute to Erv tonight for most about Rocco isn’t so much his ference. Sure, he helped financially what he has meant to our community. beautiful voice, although it is beau- but, more importantly, Erv gave his f tiful, but his amazing attitude about time and he gave his energy. He was a his heritage, his life here in this great man of great passion. ROCCO SCOTTI—A GREAT country. Rocco said the following to In 1981, Erv Nutter was named Greene AMERICAN me once: County Man of the Year. He served as Mr. DEWINE. Mr. President, I rise to I am very, very proud that with my Italian business chairman of the American recognize tonight Rocco Scotti, a tal- heritage, God has given me the honor of per- Cancer Society, chairman of the Fel- ented and patriotic singer from my forming our country’s greatest and most low’s Committee at the University of home State of Ohio, who is a fixture in meaningful song. Kentucky, member of the President’s Cleveland and Cuyahoga County, For that kind of patriotism, love of Club at both Ohio State and Wright northeast Ohio, a fixture at Cleveland country, I wish to say thank you to State University, past president and Indians baseball games and just about Rocco. I am proud to call him the Star- trustee of the Aviation Hall of Fame— any public event in our community Spangled Banner Singer of the Millen- one of his great passions and his won- that matters. nium. derful wife, Zoe Dell’s great passions; Rocco, because of the countless times f the work with Zoe Dell continues to he has sung our national anthem at this day—as former chairman of the local, national, and international TRIBUTE TO THE GENERAL DAN- Ohio Republican Finance Committee, events, has truly earned the title of IEL ‘‘CHAPPIE’’ JAMES AMER- and former chairman of the ‘‘Star-Spangled Banner Singer of the ICAN LEGION AUXILIARY UNIT Beavercreek Zoning Commission. Millennium.’’ 776 In 1995, at the age of 80, Erv was in- Rocco, an Italian American whose Mr. DEWINE. Mr. President, today I ducted into the Ohio Senior Citizens family is from Italy’s east coast, grew would like to honor a great volunteer Hall of Fame, an honor for outstanding up in Cleveland and started his vocal organization from my home state of contributions and exceptional achieve- training in opera. He first performed Ohio—The General Daniel ‘‘Chappie’’ ments begun or continued after the age the national anthem publicly in 1974 at James American Legion Auxiliary Unit of 60. Erv always was there for our an Indians-Orioles game. 776. Based in the city of Dayton, this community. Erv always was there for Since that time, he has become a reg- organization and its members were rec- our State. In all that he did, he made ularly featured national anthem singer ognized recently by USA Weekend a positive difference. Erv Nutter was a for both American and National magazine for their participation in the remarkable person, a person who af- League baseball games, games played ‘‘Ninth Annual Make a Difference fected countless lives for the better. in Cincinnati, Cleveland, New York, for Day,’’ which is the largest national day His family knows that probably better the Baltimore Orioles, Oakland A’s, of helping and volunteerism. than anyone else because there were so Kansas City Royals, Toronto Blue To be recognized by USA Weekend, many things Erv Nutter did that he Jays, LA Dodgers. The list goes on and an organization must demonstrate didn’t tell anybody about. He just was on. Rocco has also had the honor of great efforts and achievements in the there to be supportive and to make a performing the national anthem for areas of volunteerism and community difference. He just quietly helped out Presidents Gerald Ford and Ronald service. The General Daniel ‘‘Chappie’’ whenever his community asked. And Reagan. James American Legion Auxiliary Unit many times when his community Rocco’s list of accomplishments 776 certainly has done that. One of its didn’t ask, he did it anyway. doesn’t end there. He was awarded the members, Mrs. Ola Matthews, heard The only thing Erv wanted was to United States civilian Purple Heart for that foster children around the Dayton make the world a better place for his inspiring patriotism for his exceptional community must carry their belong- children, his grandchildren, and for all performance of the national anthem, ings through the foster care system in

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00060 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.002 S26JY0 July 26, 2000 CONGRESSIONAL RECORD—SENATE 16343 plastic trash bags. This worried her MIDDLE EAST PEACE come of a negotiated peace between greatly. So, she set about to help these Mr. BROWNBACK. As recently as Israel and the Palestinians. We have children. Under her leadership, the this morning, upon Chairman Arafat’s done so reluctantly, because of fears members of Unit 776 conducted fund- arrival back in Gaza, Arafat said: about what a Palestinian state would raisers to buy luggage and collected There is an agreement between us and the do, how it would survive, about the luggage from community donors. On Israeli government made in Sharm-El- commitment to democracy, and real October 23, 1999, the members of Unit Sheikh that we continue negotiations until fears about terrorism. 776 delivered the fruits of their effort— Sept. 13th, the date for declaring our inde- We will not stand idly by and accept over 1,000 pieces of luggage, plus pendent state, with Jerusalem as its capital, a non-negotiated solution, contrary to toiletries, underclothes, and baby sup- whether people like it or not. the Oslo Accords, contrary to the spirit plies—to the Montgomery County Chil- By itself, the threat undermines con- of a peace process. Should Mr. Arafat dren’s Services in Dayton. This is a re- fidence in the Palestinians’ commit- go forward and declare a Palestinian markable achievement and one dem- ment to the peace process and, in ef- state, the bill that Senator SCHUMER onstrating great selflessness and gen- fect, would abrogate the foundation of and I are offering today will preclude erosity. It is actions like these—an or- the Oslo accords that all outstanding the expenditure of funds to recognize ganization helping those in its commu- final status issues will be resolved that state and preclude further assist- nity—that makes Dayton such a great through negotiations. ance to any Palestinian governing enti- city. Allow me, for a moment, to review ty. It instructs the President to use the Mr. President, one young member of the history here. More than 50 years voice and vote of the United States in this organization, in particular, has ago, the United Nations created two the United Nations bodies to stop rec- made outstanding contributions to her states: Israel and Palestine. The cre- ognition or admission of a Palestinian ation of a homeland for the Jews in community. Shatoya Hill, who has state. Israel was unacceptable to the Arabs, been involved in Unit 776 most her life, I hope Chairman Arafat chooses the and five Arab states attacked the has just been awarded a $6,000 scholar- path of peace. However, if he does not, newly created state. When all was said ship for her community service and this legislation makes very clear that and done, Israel was a reality, and the the relationship between the U.S. gov- academic achievements. She has been nominal Palestine ended up in the ernment and the Palestine leadership Junior President of the organization hands of Jordan. We never heard about will change. for over 5 years. During this time, she Jerusalem then. We will not recognize the unilater- has organized and participated in many In fact, when the PLO was created in ally declared Palestinian state and we fundraisers, from helping veterans to 1964, Jerusalem was never even men- will strongly urge all others not to do delivering food baskets to the needy tioned. so. Either there is peace through a during Christmas. When Jordan lost the West Bank and process or there can be no peace. If The Dayton Alumnae Chapter of Jerusalem in 1967, then the question of that is what Yasser Arafat wants, it is Delta Sigma Theta, a public service so- Palestine and Jerusalem became im- a terrible crime against the Palestin- rority, awarded the scholarship, which portant once again. In fact, we are told ians, and a mistake that history will is presented to young women who have that the reason Yasser Arafat walked not forget. excellent academic records, possess out of Camp David was because he did f high moral character, participate in not get all of east Jerusalem and the their church and community, and have Old City. In other words, when Arafat CELEBRATING THE 10TH ANNIVER- interest in higher education. Shatoya did not get through the peace process SARY OF THE AMERICANS WITH certainly exhibits all of these positive what he could not get through war, he DISABILITIES ACT: A DECADE OF qualities. It is great to see Ohio youths decided to walk away from peace. PROGRESS working hard for their communities One thing has become clear to me in Mr. BYRD. Mr. President, over the and being recognized for their achieve- the last few years. The Oslo agreement past month and a half, a brightly lit ments. was nothing less than an admission on torch has made its journey through Congratulations Unit 776 and con- the part of the Palestinians and the nineteen cities, carrying with it each gratulations Shatoya! PLO that Israel would never be de- step of the way the passionate and able Mr. President, I suggest the absence feated in war. The Palestinians entered spirit of the disability community. of a quorum. into a peace process because they had Today the torch arrives at its 20th stop The PRESIDING OFFICER. The no other choice. Now I am forced to along the way, our Nation’s Capital, to clerk will call the roll. question just how committed they are mark the tenth anniversary of the The legislative clerk proceeded to to that process. If the aim is to win signing of the Americans with Disabil- call the roll. through negotiations what they could ities Act. It is indeed an important day Mr. DEWINE. Mr. President, I ask not through war, then what kind of a in our Nation’s long history. unanimous consent that the order for process is it? President Franklin Roosevelt once the quorum call be rescinded. There are no ambiguities here: Either said, ‘‘No country, no matter how rich, The PRESIDING OFFICER. Without the Palestinians are committed to the can afford to waste its human re- objection, it is so ordered. process, and to a negotiated outcome, sources.’’ I am proud to say that the or they are not. Arafat’s threat to de- Americans with Disabilities Act lives f clare a Palestinians state on Sep- up to President Roosevelt’s objective. tember 13, 2000 is an abrogation of the For 10 years now, this momentous, peace process, and as such, an abroga- landmark civil rights legislation has EXPLANATION OF ABSENCE tion of any understanding with the opened new doors to the disability Mr. WELLSTONE. Mr. President, I United States regarding the PLO and community. It has, at long last, al- was necessarily absent today for roll- Mr. Arafat as negotiating partners. lowed handicapped individuals the op- call vote No. 228, on the motion to in- U.S. assistance to the Palestinians is portunity and the access to have their voke cloture on the motion to proceed predicated upon good faith negotia- potential recognized both inside the to S. 2507, the intelligence authoriza- tions in a peace process. Nothing else. workplace and outside in the commu- tion bill. I was in Minnesota visiting Nothing. For those that have some nity. It has brought the American with my constituents in Granite Falls doubt, I remind them that as far as dream within reach for the millions of who were victims of a tornado which U.S. law is concerned, the Palestine American families with disabled mem- struck the city last night and caused Liberation Organization is a terrorist bers. severe damage and some loss of life. organization. Over the past decade of the ADA, we Had I been present, I would have voted I and many of my colleagues have al- have seen dramatic changes through- aye on the motion. ways stood ready to accept the out- out the nation in equal opportunity—

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00061 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.002 S26JY0 16344 CONGRESSIONAL RECORD—SENATE July 26, 2000 from new and advanced technology al- you on this 10th anniversary of the INFECTIOUS DISEASE lowing for greater public accommoda- Americans with Disabilities Act for all SURVEILLANCE tion at places of business and in com- that this day has brought to your com- Mr. LEAHY. Mr. President, I want to mercial establishments, to state and munity, and for all that it will con- briefly discuss a GAO report that was local government services and activi- tinue to bring in the years ahead. Let released earlier this week to be sure ties, to transportation and tele- today recommit each of us to the ADA that other Senators are aware of. communications technology for dis- for all Americans. The report, entitled ‘‘Global Health: abled Americans. Look around today— Mr. KENNEDY. Mr. President, 10 Framework for Infectious Disease Sur- people with disabilities are partici- years ago today Congress passed land- veillance,’’ was commissioned by Sen- pating to a far greater extent in their mark civil rights legislation, based on ator MCCONNELL and myself, and Sen- communities and are living fuller, the fundamental principle that people ators FRIST and FEINGOLD. It inves- more productive lives as students, should be measured by what they can tigates the existing global system, or workers, family members, and neigh- do, not what they can’t do. With the network, of infectious disease surveil- bors. They are dining out; cheering at passage of the Americans with Disabil- lance, and will be followed by a second football games and other sporting ities Act, America began a new era of report which analyzes the strengths events, often even playing sports them- opportunity for the 47 million disabled and weaknesses of this network and selves; going to the movies; partici- citizens who had been denied full and make recommendations for strength- pating in state, local, and Federal Gov- fair participation in society. ening it. ernment; and raising families of their We requested this report in response We continue to build in Congress on own. to a growing concern among public the bipartisan achievements of the It is evident that that the capability health officials about the inability of ADA. I’m gratified by President Clin- of this community far outshines the many countries to identify and track ton’s strong endorsement today of the challenges of a disability. I am proud infectious diseases and respond Grassley-Kennedy Family Opportunity that the ADA has been particularly in- promptly and effectively to disease Act now pending in Congress. The goal strumental in removing many of the outbreaks. In fact, the World Health of our legislation is to remove as many barriers that would otherwise impede Assembly determined in 1995 that the of the remaining barriers as possible the ability and success of the disability existing surveillance networks could that prevent families raising children community. Take the example of Casey not be considered adequate. Martin, the professional golfer from with disabilities and special health By way of background, the term Orgeon with a rare disability that sub- needs from leading full and productive ‘‘surveillance’’ covers four types of ac- stantially limits one’s ability to walk. lives. No family in this country should tivities: detecting and reporting dis- Casey had long dreamed of playing in a ever be put in a position of having to eases; analyzing and confirming re- PGA tour, but, because of his dis- choose between a job and the ports; responding to epidemics; and re- ability, Casey encountered a huge bar- healthcare their disabled child needs. assessing longer-term policies and pro- rier. In these tournaments in which The Family Opportunity Act ensures grams. I will touch on these categories Casey wanted to play, the tour would that no family raising a child with spe- in a bit more detail, as they illustrate not allow the use of a golf cart. When cial needs would be left out and left be- the need for reform. a Federal trial court in Oregon found hind. In the detection and reporting phase, that the PGA tour is a ‘‘public accom- For generations, people with disabil- local health care providers diagnose modation’’ and should modify their ities were viewed as citizens in need of diseases and then report the existence policy of no golf carts to accommodate charity. Through ignorance, the nation of pre-determined ‘‘notifiable’’ diseases Casey’s disability, his vision became a accepted discrimination and suc- to national or regional authorities. The reality. According to Casey, ‘‘Without cumbed to fear and prejudice. The pas- accurate diagnosis of patients is obvi- the ADA I never would have been able sage of the ADA finally moved the na- ously crucial, but it can be very dif- to pursue my dream of playing golf tion to shed these condescending and ficult as many diseases share symp- professionally.’’ suffocating attitudes—and widen the toms. It is even more difficult in devel- While for Casey Martin the ADA has doors of opportunity for people with oping countries, where public health meant achieving his most far-reaching disabilities. professionals have less access to the goal, for other disabled Americans, the Today we see many signs of the newest information on diseases. ADA has simply allowed them to live progress that mean so much in our on- In the next stage of surveillance, dis- each new day with a little more ease going efforts to see that persons with ease patterns are analyzed and re- and comfort. To name just a few areas disabilities are included—the ramps be- ported diseases are confirmed. This in which the ADA has facilitated side the stairs, the sidewalks with process occurs at a regional or national progress—access to restaurants and curbs to accommodate wheelchairs, the level, and usually involves lab work to public restrooms, modifications to the lifts for helping disabled people board confirm a doctor’s diagnosis. From the aisles and entrances of supermarkets, buses. resulting data, a response plan is de- assistive listening systems at places vised. Officials must determine a num- like Disney World and many theaters Whether they are family members, ber of other factors as well, such as the for the deaf and hard of hearing, and friend, neighbors, or co-workers, per- capability of a doctor to make an accu- large print financial statements for sons with disabilities are no longer sec- rate diagnosis. Unfortunately, in many those with vision impairments. Mr. ond class citizens. They are dem- developing countries this process can President, these are the kind of onstrating their abilities and making take weeks, while the disease con- simplicities in life that those without real contributions in schools, in the tinues to spread. disabilities expect and take for grant- workplace, and in the community. Peo- When an epidemic is identified, var- ed, and because of the ADA, they have ple with disabilities are no longer left ious organizations must determine how now come to be a part of the disability out and left behind—and because of to contain the disease, how to treat the community’s life too. that, America is a stronger, better and infected persons, and how to inform the Just as the barriers that continue to fairer country today. public about the problem without caus- face each of us in life take many years As the Americans with Disabilities ing panic. Forty-nine percent of inter- to craft, they take many years to con- Act, and the many disabled persons nationally significant epidemics occur quer. Together, we must find the who worked so long and hard and well in complex emergency situations, such strength and the courage to pick our for its passage continue to remind us, as overcrowded refugee camps. Chal- battles. I commend the disability com- equal opportunity under the law is not lenges in responding to epidemics are munity today on their passion and a privilege, but a fundamental birth- mainly logistical—getting the nec- their vigilance, and I celebrate with right of every American. essary treatment to those in need.

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00062 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.002 S26JY0 July 26, 2000 CONGRESSIONAL RECORD—SENATE 16345 Finally, in assessing the longer-term ting S. 1816, the Hagel-Kerrey bill, on didates are further hampered, election health policies and programs, surveil- the Senate Calendar. outcomes are ever more likely to be de- lance teams can provide information That is not to say I would vote ‘‘aye’’ termined by outside groups whose inde- on disease patterns, health care prior- were there a rollcall vote on the bill as pendent expenditures and issue advo- ities, and the allocation of resources. it is currently drafted. cacy are completely unlimited. That is However, information from developing Senator HAGEL’s legislation was the ‘‘non-party soft money.’’ countries is often unreliable. backdrop for a comprehensive series of Mr. President, absent from the at- I want to emphasize two points. The hearings held by the Senate Rules tacks on party soft money is any ac- first is that all the activities that I Committee between March and May of knowledgement by reformers that the have just described are done by what this year. The final hearing featured proliferation is linked to antiquated WHO calls a ‘‘network of networks.’’ the testimony of Senator HAGEL, Sen- hard money limits which control how There is, in fact, no global system for ator KERREY, Senator ABRAHAM, Sen- much the parties can take from indi- infectious disease surveillance. Let me ator HUTCHISON, and Senator LANDRIEU. viduals and PACs to pay for federal repeat, for anyone who thinks there is An impressive, to say the least, bipar- election activities. It stands to reason some centrally-managed, well-orga- tisan lineup of Senators bravely step- that hard money limits frozen in 1974 nized global system, there is not. Rath- ping into the breach separating those and thereby doomed to antiquity are er, what exists is a loose network, a who persist in trotting out the old, bla- going to spawn an explosion of activity patch-work quilt of sorts, involving the tantly unconstitutional campaign fi- on the soft money side of the party UN, non-governmental organizations, nance schemes of the past, from others ledger. national health facilities, military lab- like myself who firmly believe that the It also is not coincidence that in- creased soft money activity in the past oratories, and many other organiza- first amendment is America’s greatest decade corresponded to vastly in- tions, all of which depend upon each political reform and must not be sac- creased competition in the political other for information, but with no rificed to appease a self-interested edi- arena. We are amidst the third fierce standardized procedures. torial board at the New York Times. The Senator from Nebraska has battle for control of the White House in The second point is that in countries taken what for the past couple of years the past decade And every two years where a tropical climate fosters many has been the biggest bone of contention America has witnessed extremely spir- infectious diseases, one also finds the in the campaign finance fight in the ited contests over control of the Con- least amount of reliable data. If we as Senate—party soft money—and essen- gress. Democrats who had been exiled a country, or we as a global commu- tially split the difference between the from the White House since Jimmy nity, are committed to eradicating the opposing camps. Rather than an uncon- Carter’s administration at long last deadliest diseases, building the capac- stitutional and destructive provision to got to spend some quality time at 1600 ity for effective surveillance in the de- entirely prohibit non-federal activity Pennsylvania Avenue and are not keen veloping countries is where we need to by the national political parties, Sen- to give that up. Republicans, after four focus our attention. ator HAGEL has crafted a middle decades in the minority, got to savor The sequel to this report is due to be ground in which the party so-called the view from the Speaker’s office in released by the GAO in a few months. ‘‘soft’’ money contributions would be the House of Representatives and It will assess the strengths and weak- capped. Yet, even a cap raises serious would like very much to keep it. And nesses of this loosely-organized surveil- constitutional questions and would we have seen more than a little action lance system, and make recommenda- surely be challenged were one to be en- on the Senate-side of the Capitol. tions for strengthening it. We need to acted into law. Nevertheless, the Reformers look upon all this activity be able to accurately diagnose diseases, Hagel-Kerrey approach is more defen- over the past decade in abject horror, and quickly transmit the information sible and practicable than outright pro- seeing only dollar signs and venal ‘‘spe- to the global health community. hibition. cial interests.’’ I survey the same era I urge other Senators to read this Coupled with the party soft money and see an extraordinary period in first report. This is an issue that has cap in the Hagel-Kerrey bill is an ame- which every election cycle featured a received far too little attention, and liorative and common sense provision tremendous and beneficial national which directly affects the health of to update the hard-money side of the war of ideas over the best course for every American. Any disease, whether equation by simply adjusting the myr- our nation to pursue in the coming HIV/AIDS, malaria, TB, or others as iad hard money limits to reflect a years and which party could best lead yet unknown, which could infect and quarter-century of inflation. An infla- America on that path. kill millions or tens of millions of peo- tion adjustment of the hard money All signs, Mr. President, of a com- ple, is only an airplane flight away. limits is twenty-five years overdue. petitive, healthy, and vibrant democ- Accurate surveillance, which is the Candidates, especially political out- racy. first step to an effective response, is siders who are challenging entrenched While I strongly support the hard critical. Yet today we are relying on a incumbents, are put at a huge dis- money adjustments in the Hagel- haphazard network of public, private, advantage by hard money limits frozen Kerrey bill, I remain concerned by the official, and unofficial components of in the 1970s. bill’s silence in an area sorely in need varying degrees of reliability, patched The lower the hard money limits are, of reform: Big Labor soft money. The together over time. It is a lot better the more that insiders with large con- siphoning off of compulsory dues from than nothing, but the world needs a tributor lists are advantaged. Incum- union members for political activity uniformly reliable, coordinated system bents and celebrities who benefit from with which many of them do not agree with effective procedures that apply the outset of a race with high name is a form of tyranny which must not be the highest standards. I look forward recognition among the electorate also permitted to continue. Senate Repub- to GAO’s next report, and its rec- start way ahead of the unknown chal- licans have fought hard, and unsuccess- ommendations for action. lenger. The greatest beneficiary of low fully, to protect union workers from f hard money limits are the millionaire this abuse. Democrats are understand- and billionaire candidates who do not ably and predictably loathe to risk any CAMPAIGN FINANCE REFORM have to raise a dime for their cam- diminution of Big Labor’s contribu- Mr. MCCONNELL. As chairman of paigns because they can mortgage the tions which may result from freeing the Senate Rules Committee, which family mansion, cash out part of their the rank-and-file union members from has jurisdiction over the campaign fi- stock portfolio and write a personal forced support of Democratic can- nance issue, and one who has been check for the entire cost of a cam- didates and causes, but the absence of rather closely identified with the spir- paign. reform in this area is unacceptable. Big ited debate in this arena over the past As hard money limits are eroded Labor soft money and involuntary po- decade, I wholeheartedly support put- through inflation and non-wealthy can- litical contributions must be part of

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00063 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.002 S26JY0 16346 CONGRESSIONAL RECORD—SENATE July 26, 2000 any comprehensive reform package cluding the Open and Accountable United States. The objective was to which ultimately passes Congress. Campaign Financing Act of 2000, this eventually privatize the Corporation as With those provisos and a few others, year. We have an opportunity to a viable business enterprise able to I will close by again commending the achieve something reasonable and re- compete in world markets. Subse- Senator from Nebraska from his will- sponsible this year. quently, the Corporation was selected ingness to wade in a big way into one Again, I would like to thank Senator as Executive Agent for, and entrusted of the most contentious issues before MCCONNELL for holding hearings in the with, the responsibility for carrying Congress—an issue in which all Mem- Rules Committee on campaign finance out the Russian HEU Agreement. bers of Congress have a vested personal reform and helping move the process Enactment of the 1992 Act was the interest but that affects not just us but along. I look forward to working with culmination of a decade of bipartisan every American citizen and group that him and all Senators interested in ad- effort spearheaded by Senators DOMEN- aspires to participate in the political vancing campaign finance reform. ICI and Ford. Extensive hearings were process. That is why the U.S. Supreme f held in both the House and the Senate Court will be the final arbiter of any and the legislation garnered the strong campaign finance bill of consequence. VICTIMS OF GUN VIOLENCE support of the Bush Administration. And those are the reasons we should Mr. WYDEN. Mr. President, it has Recognizing the complexity of pri- continue to be cautions and delibera- been more than a year since the Col- vatization and the national security tive as the effort continues for a non- umbine tragedy, but still this Repub- implications of the Russian HEU partisan, constitutional campaign re- lican Congress refuses to act on sen- Agreement, Congress enacted the form package. sible gun legislation. USEC Privatization Act of 1996. The Mr. HAGEL. Mr. President, today we Since Columbine, thousands of Amer- Act provided the mechanics for privat- have moved a step closer to imple- icans have been killed by gunfire. Until ization, clarified the relationship be- menting comprehensive campaign fi- we act, Democrats in the Senate will tween a private USEC and the U.S. nance reform. With the help of Senator read some of the names of those who Government, and addressed concerns MITCH MCCONNELL, Chairman of the lost their lives to gun violence in the related to the implementation of the Senate Rules Committee, the Open and past year, and we will continue to do so Russian HEU Agreement. The Corpora- Accountable Campaign Financing Act every day that the Senate is in session. tion was sold in July of 1998. of 2000 will soon be placed on the Sen- In the name of those who died, we Implementation of the Russian HEU ate Calendar, ready for debate by the will continue this fight. Following are Agreement has been important for the full Senate. the names of some of the people who government and USEC. This govern- I introduced the Open and Account- were killed by gunfire one year ago ment-to-government agreement facili- able Campaign Financing Act of 2000 today. tates Russian conversion of highly en- along with Senators BOB KERREY, July 26: riched uranium taken from their dis- SPENCE ABRAHAM, MIKE DEWINE, SLADE Frederick Branch, 17, Memphis, TN; mantled nuclear weapons into fuel pur- GORTON, MARY LANDRIEU, CRAIG THOM- Kenny Curry, 30, Chicago, IL; Mendell chased by USEC and resold for use in AS, JOHN BREAUX, KAY BAILEY Jones, 17, Baltimore, MD; Eduardo commercial nuclear power plants. The HUTCHISON, and GORDON SMITH as a bi- Lezcano, 36, Miami-Dade County, FL; program is financed as a commercial partisan approach to campaign finance Andre Moore, 21, Baltimore, MD; Ken- transaction. reform because we felt it was a com- neth Plaster, 52, Houston, TX; Mark Every day, new warnings are heard mon sense, relevant and realistic ap- Pringle, 18, Baltimore, MD; Carlton about the ability of one rogue state or proach. We offered it as a bipartisan Valentine, 33, Baltimore, MD; Uniden- some well-financed terrorist to obtain compromise to break the deadlock on tified male, Detroit, MI. weapons-grade nuclear materials on campaign finance reform and to bring We cannot sit back and allow such the black market. The Russian HEU forth a vehicle that could address the senseless gun violence to continue. The Agreement addresses those concerns by main holes in the net of our current deaths of these people are a reminder converting thousands of nuclear war- system. to all of us that we need to enact sen- heads into fuel for electric power The purpose of our legislation is to sible gun legislation now. plants—the quintessential swords to place more control and responsibility f plowshares concept. In spite of some for the conduct of campaigns directly start-up problems, implementation of RUSSIAN WARHEADS/DOMESTIC in the hands of the candidates. Our leg- the Agreement has resulted in the con- SECURITY islation is not the solution for all of version of the equivalent of nearly 4,000 the problems now facing us, but I be- Mr. MURKOWSKI. Mr. President, I nuclear warheads into fuel for U.S. lieve it is a good solid beginning to ac- rise today to discuss two issues of commercial power plants. The process, complish meaningful campaign finance great importance to our national secu- as well as purchases and shipments to reform. rity and our energy security—the USEC, continues. After a series of hearings in the Sen- agreement between the United States From the outset, many felt there ate Rules Committee this spring on and the Russian Federation which pro- were built-in contradictions between campaign finance reform, we will now vides for the conversion of Russian the objectives of maintaining a viable be able to put a bill on the Senate Cal- highly enriched uranium (HEU) derived domestic uranium enrichment capa- endar that has bipartisan support. If we from the warheads into fuel for civilian bility while controlling the disposal of are to accomplish comprehensive re- nuclear power plants, and the need for former Soviet nuclear weapons. But, form this year, bipartisan support is the United States to maintain a viable all things considered, the program to essential and our bill has that support. uranium enrichment capability. date has been a success. Without ques- While I was very pleased with the re- First, let me give you a bit of his- tion our Nation’s national security— cent vote in Congress to require disclo- tory. our most important charge as law- sure for the ‘527’ organizations, that In 1992, the Energy Policy Act estab- makers—has been enhanced by imple- bill is not a substitute for more com- lished the United States Enrichment mentation of this Agreement. prehensive campaign finance reform. It Corporation as a wholly-owned govern- Mr. President, the Russian HEU is a solution for a small problem. We ment corporation to take over the De- Agreement contributes to our Nation’s need to continue to fight for campaign partment of Energy’s uranium enrich- security, but the Agreement also ad- finance reform that is broader and ment enterprise. The Corporation was versely affects the enterprise that more comprehensive. to operate as a business enterprise on a makes this commercial solution to a I am hopeful that the full Senate will profitable and efficient basis and maxi- national security problem possible. be able to debate comprehensive cam- mize the long-term valuation of the This difficulty was understood when paign finance reform legislation, in- Corporation to the Treasury of the the government adopted this program.

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00064 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.002 S26JY0 July 26, 2000 CONGRESSIONAL RECORD—SENATE 16347 Purchases of large quantities of Rus- As I mentioned, higher production are the mainstay of the local economy. sian weapons derived material result in costs, decreased demand, and lower The public record is clear that techno- growing effects on the companies in world prices have hit USEC, our Na- logical advances in uranium enrich- the private sector domestic nuclear tion’s sole domestic uranium enricher, ment were rapidly overtaking the gas- fuel cycle. Our uranium mining, con- particularly hard. USEC’s Form 10–Q eous diffusion process as an economic version, and enrichment industries filed with the Securities and Exchange method of enriching uranium. Make no have been affected. The result has been Commission for the quarter ended mistake, the Portsmouth and Paducah steadily declining market prices for all March 31, 2000 noted that: ‘‘In February gaseous diffusion plants were and con- phases of the nuclear fuel cycle. USEC, 2000, Standard & Poor’s and Moody’s tinue to be extraordinary engineering, its plant workers, and the communities Investors Service revised their credit design, and construction achieve- dependent upon those plants are being ratings of USEC’s long-term debt to ments—matched only by the dedication hit especially hard. As Executive below investment grade. The revised and skill of the men and women who Agent, USEC has suffered substantial rating gives USEC the ability to dis- have made the plants work—work, 24 losses due to fixed price purchases from continue its uranium enrichment oper- hours a day—work, seven days a Russia as well as increased costs due to ations at a plant. USEC is evaluating week—work, continuously for over 45 reduced levels of domestic production its options; however, a decision has not years without a stop, without a break resulting from introduction of the Rus- been made as to whether to close a in service—until now. It was inevitable sian material into the market. plant, which plant would be selected or that this would happen someday, but Earlier this year, and with the sup- the timing of any closure.’’ Finally, on knowing that it will happen does not port of the Administration, USEC had June 21, the Board of Directors of make it any easier. been negotiating with Russia to amend USEC Inc. voted to cease uranium en- The only person who seemed to be the Agreement to include market- richment operations in June 2001 at the caught by surprise and unprepared to based pricing. I have been advised that Portsmouth gaseous diffusion plant in deal with the closure was the Secretary USEC closely coordinated its plans and Piketon, Ohio, and to consolidate all of Energy. Certainly, he must have intentions with the President’s Inter- enrichment operations at its Paducah, known that USEC was preparing to agency Enrichment Oversight Com- Kentucky production plant. USEC make an announcement. He must have mittee at all phases of its discussions maintained that it could not sustain been aware that, as part of the 1996 with the Russians. Yet, as USEC and current operations at two production USEC Privatization Act, the Depart- the Russians were meeting in Moscow plants, each of which is currently oper- ment of Energy—not the company— to sign the new Agreement, the Depart- ating at only 25 percent of capacity. would be responsible for decommis- ment of Energy, a member of the Over- The company said that its production sioning, decontamination and clean-up sight Committee, prevented the signing costs were too high and that the termi- of the plants and the sites as well as at the last minute. nation of operations at Portsmouth for workforce disposition. I can not understand why the Energy would save upwards of $55 million in In fact, in a June 19, 2000 letter to Department would prevent the adop- fixed costs annually. Mr. William H. Timbers, USEC’s presi- tion of an amendment that would sta- USEC’s decision to close a plant dent and chief executive officer, the bilize the Agreement through the re- comes as no surprise. For over a year, Secretary of Energy asked if the com- maining thirteen years of the program. there has been speculation within the pany was planning to close either one Reportedly the terms were acceptable Clinton Administration, the energy in- of its uranium production facilities. In to both parties. In addition, the Agree- dustry, the media and on Capitol Hill response, Mr. Timbers wrote on June ment would have protected the inter- that USEC would be forced to consoli- 20, 2000, that ‘‘during our last meeting, ests of our own domestic nuclear fuel date its uranium enrichment produc- I indicated to you, and reiterated in industry. As part of the Agreement, tion. subsequent meetings with your staff, Russia wanted USEC to purchase com- Mr. James R. Mellor, Chairman of that it is inevitable that USEC must mercially produced enrichment in addi- USEC’s Board of Directors was quoted close one of its enrichment facilities.’’ tion to the weapons derived enrich- in a news release as saying: ‘‘The deci- Mr. Timbers added that ‘‘During the ment. USEC negotiated terms con- sion to cease enrichment at one of our last eight months, we have presented sistent with a previous Administration facilities was necessary given the busi- numerous proposals—still pending be- approved program making it manda- ness challenges facing the uranium en- fore you—to accomplish [transition]. tory that this additional quantity be richment industry . . . Mr. Mellor went But, DOE has yet to make a decision. matched with domestically produced on to say: ‘‘Choosing to close the We have also engaged in discussions enrichment. In addition, no additional Portsmouth plant was an extremely with PACE union leadership aimed at natural uranium would be brought into difficult decision because of the impact advancing these efforts. We are still the domestic market. The amendment it will have on the lives of many of our ready and eager to translate these dis- to the Agreement was specifically workers, their families and the com- cussions into actions and look forward crafted so that no damage would be in- munities surrounding the plant.’’ to the prospect of working with DOE to flicted upon the domestic nuclear fuel USEC cited multiple factors in deter- adopt a program to minimize the em- cycle as a result of purchasing the ad- mining which plant would close. Key ployment disruption associated with ditional material. elements in USEC’s analysis included ensuring a financially sound USEC The Department of Energy’s action ‘‘long-term and short-term power under today’s market conditions.’’ threatens to destabilize the agreement. costs, operational performance and re- The next day, when USEC announced Who knows how long the Russians will liability, design and material condition that its Board of Directors had voted sit by without this Agreement. The Na- of the plants, risks associated with to close the Portsmouth facility, the tional Security Council and the State meeting customer orders on time, and best the Nation’s Secretary of Energy Department and others on the Enrich- other factors relating to assay levels, could come up with was the following ment Oversight Committee have en- financial results, and new technology statement: ‘‘I am extremely dis- dorsed the signing of this Agreement. I issues.’’ appointed by [USEC’s] decision today strongly urge that it be completed. I I know that my colleagues from Ohio to close the uranium enrichment plant suggest that those of us in the Con- are deeply disturbed by USEC’s deci- at Portsmouth. First and foremost, I gress who believe in the vital impor- sion to close the Portsmouth plant. I am very concerned about the effect tance of this Agreement express our also know that if the company had cho- this closure will have on USEC work- concern to the Administration and de- sen to cease operations at Paducah, my ers. Many of these men and women mand that the Energy Department friends from Kentucky would be equal- spent their entire working lives help- withdraw its objection and that the ly distraught. Plant closures are seri- ing our nation win the Cold War. They Agreement be speedily signed. ous matters, particularly when they deserve better treatment. . .’’

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00065 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.002 S26JY0 16348 CONGRESSIONAL RECORD—SENATE July 26, 2000 For once, Secretary Richardson and I petitiveness of our domestic uranium care for her, make her last days com- agree. The workers do deserve better. enrichment capability—at minimal fortable, to meet her ever increasing But rather than threatening USEC, as costs to the federal government—is im- medical needs, to offer her the security the Secretary of Energy did when he portant too. We need to stop thinking of a loving safe home, and to let her recommended ‘‘serious consideration of of USEC as a Federal agency and re- know that she is loved—these things replacing USEC as executive agent’’ for spect it for what it is—a private busi- have become our purpose for living. the Russian HEU Agreement, he should ness enterprise. The financial drain has been difficult, have been drafting a plan to assist the Challenges remain in the implemen- the emotional strains are enormous.’’ workers in Portsmouth to make the tation of the Russian HEU Agreement Paul Severance, the Director of transition from operating the Depart- and the long-term viability of the do- United Senior Action, a senior advo- ment of Energy owned gaseous diffu- mestic uranium enrichment enterprise. cacy group in Indiana represented his sion plant to cleaning up the site. This These have proven to be complex, and constituency at the hearing when he is an environmental restoration mis- at times conflicting tasks, but I believe stated ‘‘The burden on families who are sion that is likely to take many years. that the National interest more than trying to provide long-term care at We are all aware of the environmental justifies our continued efforts to see home is tremendous; they typically contamination at the plants and the these programs through to a successful face substantial expenses for special desperate need for action to restore conclusion. As part of these efforts we care, such as nursing visits, they often them to reasonable environmental con- should encourage the Clinton Adminis- have lost wages because of the demands dition. tration to approve the market-based of caring for a loved one; and there can When Congress created the United pricing amendment to the Russian be a great cost to their own health as States Enrichment Corporation as part HEU Agreement. Now is also the time a result of the constant demands of of the 1992 Energy Policy Act, and to secure a future for the workers in caregiving.’’ when we later passed the 1996 USEC Portsmouth who face plant closure. We In addition to the tax credit, a deduc- Privatization Act, we recognized that a need to help them achieve their third tion for the purchase of long-term care privately owned USEC could better re- transition—from Cold War patriots, to insurance makes it more affordable for spond to the needs of the marketplace peacetime producers of fuel, to the Americans to purchase long-term care and thereby sustain a viable domestic task of environmental restoration policies that can provide them with the uranium enrichment capability. Now Thank you, Mr. President. coverage they will need. Congress that USEC has taken what it believes f needs to continue to explore ways in is a necessary step to ensure that it which to ensure long-term care options OMNIBUS LONG-TERM CARE ACT can compete in the world uranium en- are available for all Americans. OF 2000 richment marketplace, the first re- I am encouraged by the introduction sponse by the Secretary of Energy is to Mr. BAYH. Mr. President, I rise of this bill and the bipartisan support second-guess the company’s intentions today as an original cosponsor of the it has received. It is my hope that we and actions. Apparently the Secretary ‘‘Omnibus Long-Term Care Act of can work together to implement this would keep facilities open regardless of 2000.’’ This bill brings together very legislation and make it more afford- the fundamental laws of economics important initiatives for making long- able for seniors to receive long-term that are evident to even the most mod- term care more affordable for Ameri- care. I urge my colleagues to support est businesses. cans. In particular, this bill contains a this bill. It has been suggested that the solu- $3,000 tax credit for caregivers and a f tion is to nationalize USEC—to have tax deduction for the purchase of long- the government buy it back. I have no term care insurance. FCC REGULATION OF PAY PHONES sympathy for such a proposal. While I There are over 22 million people pro- Mr. BURNS. Mr. President, in the am sympathetic to those who will be viding unpaid help with personal needs four years since the passage of the affected by the closure of Portsmouth, or household chores to a relative or Telecommunications Act of 1996, dra- I do not believe that a return to the friend who is at least 50 years old. In matic changes have occurred in our past is the remedy that will provide for Indiana alone, there are 568,300 care- telecommunications markets. We have a competitive domestic uranium en- givers. The government spent approxi- seen competitive environments in such richment capability in the future. I do mately $32 billion in formal home areas as wireless communication and not favor an appropriation of substan- health care costs and $83 billion in long distance service. Advanced tele- tial sums, perhaps well over a billion nursing home costs. If you add up all communications services have great dollars to buy USEC back, nor do I the private sector and government potential for deployment in the near favor the then obligatory commitment spending on long-term care it is term, if only the Federal Communica- to annually appropriate funds to make dwarfed by the amount families spend tions Commission would more aggres- up for uneconomic operations. caring for loved ones in their homes. sively promote them. All of this change It has been only two years since we As a study published by the Alzheimers is occurring in the context of an explo- privatized USEC. On the one hand the Association indicated, caregivers pro- sion of information technologies and Congress and the Administration made vide $196 billion worth of care a year. the Internet. an extraordinary effort to provide a As a member of the Special Com- Yet the ’96 Act dealt with much more private USEC with a strong foundation mittee on Aging, I held a field hearing than the high tech changes we read so for a successful private enterprise com- in Indiana on making long-term care much about these days. The legislation peting in world markets—in the words more affordable. At this hearing, I was designed to transform the entire of the ’96 Act ‘‘ . . . in a manner that learned first hand the importance of telecommunications industry under provides for the long-term viability of this tax credit. Jerry and Sue Cahee the leadership of the FCC, to the ben- the Corporation . . .’’ But at the same take care of Jerry’s mother who has efit of all consumers. And the Act was time, contradictory restraints imposed Alzheimers. At the hearing Jerry designed to ensure that all Americans on the Corporation detract from its Cahee shared the following: ‘‘Mother is could have access to the vast array of ability to compete. In retrospect, per- a wonderful and friendly person to ev- services the Act will stimulate. haps Congress and the Administration eryone—except her caregivers. We have Today I would like to briefly address should not have placed so many bur- discovered that life, aging, and illness one aspect of the ’96 Act that is often dens on USEC as it faced private sector are not fair. We have discovered that overlooked in the glamour of ‘‘high- dynamics and demands. Ensuring that love is hard—that love is not enough to tech.’’ Public payphones are a critical the vital national security interests of make the difference. We know that piece of this access. For millions of the United States are protected is memories are all that we have left of Americans, public payphones are the paramount, but preserving the com- the happy times in Mother’s life. To only access to the telecom network.

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00066 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.002 S26JY0 July 26, 2000 CONGRESSIONAL RECORD—SENATE 16349 And when the batteries or the signal gether. They are also in need of cer- Federal Bureau of Investigation, more for the wireless device fail, public tainty regarding the rates they pay the than 40 percent of the 1,182 officers payphones are a reliable source of inex- telephone companies. This situation killed by a firearm in the line of duty pensive access, in an emergency or oth- should not exist more than four years since 1980 could have been saved if they erwise. Public payphones are emerging after the enactment of the 1996 legisla- had been wearing body armor. Indeed, as public information portals, true on- tion. the FBI estimates that the risk of fa- ramps to the information highway, I hope the FCC will act quickly to as- tality to officers while not wearing available to anyone at anytime. sure adequate compensation for each body armor is 14 times higher than for In order to ensure that these instru- call. I hope the FCC will take imme- officers wearing it. ments of public access would continue diate steps to enforce the requirement To better protect our nation’s law serving as gateways of last resort and for non-discriminatory and fair line enforcement officers, Senator CAMP- continue evolving using new tech- rates. I hope the FCC will take those BELL and I introduced the Bulletproof nologies, the issue of adequate com- basic steps required by the 1996 law. Vest Partnership Grant Act of 1998. pensation for pay phone operators was Fair competition—and the resulting President Clinton signed our legisla- addressed by the ’96 Act. This require- benefits to consumers envisioned by tion into law on June 16, 1998. Our law ment of the ’96 Act was designed to Congress—will not occur until these created a $25 million, 50 percent match- promote fair competition and benefit actions are taken. As Chairman of the ing grant program within the Depart- consumers by eliminating distorting Senate Communications Sub- ment of Justice to help state and local subsidies and artificial barriers. How- committee, I will be carefully moni- law enforcement agencies purchase ever, the law has not been successfully toring actions taken by the FCC on body armor for fiscal years 1999–2001. implemented, and I am calling on the these important issues in the weeks In its two years of operation, the FCC to act expeditiously to address and months ahead. Bulletproof Vest Partnership Grant Program has funded more than 180,000 this regulatory oversight. Payphones f are an important segment of the tele- new bulletproof vests for police officers communications industry, especially in THE BULLETPROOF VEST across the country. low income neighborhoods and in rural PARTNERSHIP GRANT ACT OF 2000 The Bulletproof Vest Partnership areas like those in my home state of Mr. LEAHY. Mr. President, I wanted Grant Act of 2000 builds on the success Montana. to inform the Repubican leadership of this program by doubling its annual Local telephone companies operated that the House of Representatives funding to $50 million for fiscal years payphones as a legal monopoly until today passed the Bulletproof Vest 2002–2004. It also improves the program 1984, when an FCC ruling mandated Partnership Grant Act of 2000, H.R. by guaranteeing jurisdictions with that competitors’ payphones be inter- 4033, by an overwhelming vote of 413–3. fewer than 100,000 residents receive the connected to local networks. Still, I hope that the Senate will quickly fol- full 50–50 matching funds because of local telephone companies were able to low suit and pass the House-passed bill the tight budgets of these smaller com- subsidize their payphone service in and send it to the President. President munities and by making the purchase competition with independent Clinton has already endorsed this legis- of stab-proof vests eligible for grant payphones. The ’96 Act was designed to lation to support our nation’s law en- awards to protect corrections officers in close quarters in local and county change all of this. It was designed to forcement officers and is eager to sign jails. create a level playing field between all it into law. More than ever before, police officers competitors and to encourage the wide- Senator CAMPBELL and I have intro- in Vermont and around the country spread deployment of payphones. It did duced the Senate companion bill, S. face deadly threats that can strike at this by requiring local telephone com- 2413. Unfortunately, someone on the any time, even during routine traffic panies to phase out subsidies; by man- other side of the aisle has a hold on our stops. Bulletproof vests save lives. It is dating competitive safeguards to pre- bill. We have been working for the past essential the we update this law so vent discrimination by the ILECs and week to urge the Senate to pass the that many more of our officers who are ensure fair treatment of competitors Bulletproof Vest Partnership Grant risking their lives everyday are able to when they connect to local systems; Act of 2000, S. 2413. The Senate Judici- protect themselves. and by assuring fair compensation for ary Committee passed our bill unani- I hope this mysterious ‘‘hold’’ on the every call, including so-called ‘‘dial mously on June 29. It has been cleared other side of the aisle will disappear. around’’ calls which bypass the pay by all 45 Democratic Senators. The Senate should pass without delay phones’ traditional payment mecha- But it still has not passed the full the Bulletproof Vest Partnership Grant nism. Senate. This is very disappointing to Act of 2000 and sent to the President Yet the basic requirements of the ’96 our nation’s law enforcement officers for his signature into law. Act are not being implemented by the who need life-saving bulletproof vests FCC to assure fair competition. Pay to protect themselves. Protecting and f phone operators are not being com- supporting our law enforcement com- THE VERY BAD DEBT BOXSCORE pensated for an estimated one-third of munity should not be a partisan issue. Mr. HELMS. Mr. President, at the all dial-around calls, particularly when Senator CAMPBELL and I worked to- close of business yesterday, Tuesday, more than one carrier is involved on gether closely and successfully with July 25, 2000, the Federal debt stood at long distance connections. An industry the Chairman of the Judiciary Com- $5,670,717,940,248.21 (Five trillion, six proposal to remedy this situation has mittee in the last Congress to pass the hundred seventy billion, seven hundred been pending at the FCC for more than Bulletproof Vest Partnership Grant seventeen million, nine hundred forty a year without any action being taken. Act of 1998 into law. Senator HATCH is thousand, two hundred forty-eight dol- And the FCC also needs to bring to a an original cosponsor this year’s bill to lars and twenty-one cents). hasty resolution the issue of the appro- reauthorize this grant program. Sen- Five years ago, July 25, 1995, the Fed- priate line rate structure for payphone ators SCHUMER, KOHL, THURMOND, eral debt stood at $4,940,346,000,000 providers. Today, there are about 2.3 REED, JEFFORDS, ROBB, REID, SAR- (Four trillion, nine hundred forty bil- million pay phones nationwide. While BANES, BINGAMAN, ASHCROFT, EDWARDS, lion, three hundred forty-six million). all payphones are threatened by the BUNNING, CLELAND, HUTCHISON, and Ten years ago, July 25, 1990, the Fed- gaps in dial-around payments, 600,000 of ABRAHAM are also cosponsors of our bi- eral debt stood at $3,161,885,000,000 them are independently owned and are partisan bill. (Three trillion, one hundred sixty-one under particularly intense pressure; But for some reason a Republican billion, eight hundred eighty-five mil- many small payphone operators now senator has a hold on this bill to pro- lion). find themselves being forced to pull vide protection to our nation’s law en- Fifteen years ago, July 25, 1985, the payphones or go out of business alto- forcement officers. According to the Federal debt stood at $1,798,533,000,000

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00067 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.002 S26JY0 16350 CONGRESSIONAL RECORD—SENATE July 26, 2000 (One trillion, seven hundred ninety- CELEBRATING THE 100TH BIRTH- doctor, two lawyers and an elementary eight billion, five hundred thirty-three DAY OF COACH JEROME VAN school principal—college graduates all. million). METER Each of them is a testament to a good Twenty-five years ago, July 25, 1975, ∑ Mr. ROCKEFELLER. Mr. President, life. the Federal debt stood at today I rise to celebrate the life and ac- When I read about her in The Char- $535,316,000,000 (Five hundred thirty- complishments of one of West Vir- lotte Observer, I felt a sense of pride in five billion, three hundred sixteen mil- ginia’s most esteemed citizens, Coach her story. It is not merely a testimony lion) which reflects a debt increase of Jerome Van Meter. On August 15th of to her own character, discipline and more than $5 trillion— this year, Coach Van Meter will cele- strength. No, it is also a reflection of $5,135,401,940,248.21 (Five trillion, one brate his 100th birthday. A remarkable what America is all about for so hundred thirty-five billion, four hun- milestone for a truly remarkable man, many—a land of opportunity and of dred one million, nine hundred forty Coach Van Meter’s birthday provides a hope. thousand, two hundred forty-eight dol- special opportunity for all of West Vir- Mr. President, I ask that the July 3 lars and twenty-one cents) during the ginia to join in thanking him for a life- article published by The Charlotte Ob- past 25 years. time of service to our state. server be printed in the RECORD at the With a career that has spanned a cen- conclusion of my remarks. f tury, there isn’t much that Coach Van The article follows: Meter hasn’t accomplished. Known af- [From the Charlotte Observer, July 3, 2000] ADDITIONAL STATEMENTS fectionately as just Coach to his many FOR IMMIGRANT, JULY 4 WAS SPECIAL— students, he led the Beckley Flying Ea- WOMAN FROM CUBA ACHIEVED HER DREAM gles to three state championships in (By Christopher Windham) TRIBUTE TO WILLIAM T. YOUNG football, and six more in basketball. A Eusebia Ortiz Vera of Charlotte came from member of the National High School Cuba on July 4, 1954, in search of the Amer- ∑ Mr. MCCONNELL. Mr. President, I Sports Hall of Fame, Coach was both a ican dream. rise today to honor my good friend and beloved teacher and principal and Like millions of immigrants who arrived fellow Kentuckian, Bill Young, in rec- served on the faculty of Beckley Col- before her, she was poor, but optimistic ognition of his service and dedication about the future. She had only one wish: for lege. In addition to the numerous hon- to the state of Kentucky. As Bill steps her children to become educated and success- ors and awards he has received, Coach down from a few of his many leadership ful Americans. Van Meter holds the great distinction positions, I pay tribute to him for his When Vera, 87, died of natural causes Fri- of being a surviving veteran of both lifelong commitment to this region. day—just days before Independence Day and World Wars. the anniversary of her arrival in this coun- Born in Lexington, he has always fo- Today, however, the countless lives try—it marked an end of a life that some say cused on the state’s higher education. touched by Coach are his greatest leg- epitomized American patriotism. Bill’s many leadership positions, in- acy. The lessons he taught on the bas- ‘‘She was the original liberated woman,’’ cluding Transylvania University Board said Vera’s daughter Miriam Leiva, after ketball court and football field brought of Trustees member and chairman of Vera’s burial Sunday. ‘‘She really wanted a many victories, but the lessons of life the board of Shakertown, have guided better life for herself and her children.’’ he taught his players and students the growth and success of Kentucky. And Vera did attain that American dream. shaped their destinies in more profound As he is known for his single-minded Born in Ponce, Puerto Rico, in 1912, Vera ways. Dedication, hard work, compas- moved to Cuba with her father and six sib- determination to help the future suc- sion and dignity are the touchstones of lings when she was just 4 months old. Her cess of Kentuckians, he has left a leg- Coach Van Meter’s career, and his ex- mother had died moments after she was acy behind that would prove he is one ample continues to inspire us. born. Vera married a Cuban schoolteacher at of the state’s greatest assets. Thank you, Coach, for the invaluable 22. She was a housewife during her years in Cuba. The marriage that brought Vera three No opportunity has been missed by contributions you have made to the Bill to continue Kentucky’s prosperity. children ended in 1952. families and communities of West Vir- After the divorce, Vera was determined to Beginning with investments in peanut ginia. As you celebrate this very spe- butter that is now better known as Jif, give her children a better life than she had, cial birthday, you have my deepest ad- family members said. his business endeavors started success- miration and gratitude.∑ Vera decided to move the family to Amer- fully. With an interest in horses, he f ica, where she hoped her children would have continued his success in the business greater opportunities. Leiva, 59, was 13 when world by becoming a prominent leader A GREAT LADY DEPARTS her mother told her—at a moment’s notice— of thoroughbred racing. Over the years, ∑ Mr. HELMS. Mr. President, on July to pack a suitcase of her belongings. he became a leading philanthropist by 1, Mrs. Eusebia Ortiz Vera passed away Leiva said she boarded a plane along with her mother, brother and two aunts en route helping construct the YMCA located on in North Carolina. Born in 1912, she ar- Lexington’s High Street, Shakertown, to Miami. Her sister, Beatriz Manduley, 17 at rived in the United States from Cuba, the time, stayed in Cuba because she was and the University of Kentucky’s new appropriately, on the Fourth of July, married. William T. Young Library. He still con- 1954, poor and with young children to ‘‘We came to America for the same reasons tinues other projects for the commu- support. as all immigrants, to better our family,’’ nity that are significant and meaning- In America, she promptly seized the said Leiva, a consulting professor at UNC ful to him. opportunity to build a new life, as all Charlotte. Kentucky would not be what it is immigrants to the U.S. hope they can The family could not speak English when today without Bill’s leadership and do. Eusebia worked very hard to ensure they arrived, family members said. guidance over the past years. Though ‘‘It was hard,’’ Leiva said. ‘‘The most dif- that her children prospered. She made ficult part was all things we didn’t under- Bill has stepped down for others to certain, above all, that all of them re- stand.’’ She said her mother did not learn guide the future, Kentucky will feel ceived good educations. the language until 10 years later when she the effects of his accomplishments for And those children who came to the took English classes at a local high school. years to come. Thank you, Bill, for United States did prosper, and become The entire family shared a tiny one-room putting so much of yourself into this good citizens of the United States, apartment, Leiva said. To make ends meet, state to make it a better place for oth- going on to be a U.S. Ambassador to Vera took a job as seamstress in the garment ers. Your hard work and successes are Honduras, a high school teacher, and a district of Miami. She never made more than admired, and they will continue to im- 75 cents an hour, family members said. professor at the University of North Despite the limited income and food, Vera pact Kentucky for years to come. My Carolina. still strived for her children to be successful. colleagues join me in congratulating Among her grandchildren, Mr. Presi- ‘‘From the moment we came to the United you on a job well done, and I wish you dent, are two U.S. naval officers, a States, she told us we were going to suc- all the best for your future.∑ medical student studying to be a Navy ceed,’’ said Frank Almaguer, Vera’s son.

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00068 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.002 S26JY0 July 26, 2000 CONGRESSIONAL RECORD—SENATE 16351 Almaguer is now the U.S. ambassador to Trust Company, he again heeded the Court, respectfully accept this state- Honduras. call for public service. In 1978, the Gen- ment of profound gratitude and admi- Leiva said her mother prevented her from eral Assembly had expanded Delaware’s ration.∑ using a needle and thread because she didn’t want her daughter to become a seamstress. Supreme Court from three to five f members, and the Governor called on ‘‘Women would come to the house and ask, TRIBUTE TO RON GIST ‘When is Miriam coming to the factory?’ and Bill Quillen. He was confirmed unani- mother will say ‘No, Miriam is going to the mously as a Delaware Supreme Court ∑ Mr. MCCONNELL. Mr. President, I university,’ ’’ Leiva said. Justice. He served on the State’s High- rise today to pay tribute to my friend Vera’s dream came true in 1957 when Leiva est Court for five years, before stepping and Phi Kappa Tau fraternity brother enrolled at Guilford College in Greensboro. down to run for Governor on the Demo- Ron Gist, as founder of Gist Piano With scholarships, loans and help from local Services, on the occasion of his success Quakers, Leiva was able to graduate in 1961 cratic ticket. In one of the rare in- with a degree in mathematics. stances when he did not achieve his with his Louisville piano dealership. Almaguer graduated from the University goal, Bill Quillen was not bitter or dis- After attending the University of of Florida in 1967. Manduley came to Miami couraged. In 1993, he accepted Governor Louisville, Ron started his piano deal- in 1960. She received her master’s degree Tom Carper’s call for continued public ership with only $1000 and two used pi- from UNC Greensboro in 1973. All seven of anos in 1971. Many years later, after Vera’s grandchildren are college graduates. service to become Secretary of State. In a state that more than half of the persevering through a tornado in 1974, Vera lived in Miami until 1997, when health a devastating fire that nearly de- Fortune 500 companies call home, Sec- conditions caused her to move to a nursing stroyed his business, and the hardship home in Charlotte, close to Leiva. retary Quillen made his mark on this of an unfortunate economic downturn, ‘‘This is her legacy,’’ said Leiva. ‘‘Failure prestigious office. was simply not an option for us.’’∑ But his heart remained in the law. In Gist Piano Services has grown to be- f November, 1994, Governor Carper nomi- come one of Louisville’s most highly regarded piano dealerships, restorers, nated and the General Assembly unani- HONORING JUDGE QUILLEN and consultants in the region. mously confirmed him to the Court ∑ Mr. BIDEN. Mr. President, I rise As a natural salesman, Ron’s success where his storied career began—the today to honor one of Delaware’s most has led to profitable relationships with Delaware Superior Court. As I said ear- brilliant legal minds and genuinely al- the Louisville Orchestra, Kentucky lier, I believe our federal bench would truistic public servants—the Honorable Center for the Arts, and Kentucky Fair have been enlightened by his experi- William T. Quillen. & Exposition Center. Also, Ron is one I have known Judge Quillen for 33 ence and brilliance, but for health rea- of few in the country selected for the years, since I was an attorney fresh out sons, this was not meant to be. honor to represent Steinway pianos. of law school and looking for a job. As What’s even more striking than his Ron has also provided piano services to a 32-year old Delaware Superior Court distinguished legal career is Judge other prestigious performance venues judge he met with me and on blind Quillen’s love for history. He is a true and for popular entertainers like faith recommended me for my first Delaware historian, with long-time James Taylor and Carol King. legal job. He has been a dear friend and family roots in historic New Castle. His Ron should not only be congratulated confidant ever since. Over the past love and respect for the law, democracy for his success with Gist Piano Serv- three decades, I have watched Judge and justice for all are unparalleled. ices, but he should be recognized for his Quillen with pride and admiration at- Judge Quillen is recognized nation- service to the community. He has dedi- tain the greatest judicial heights any ally for his extensive writings on Dela- cated himself to making a difference in lawyer could ever strive for in Dela- ware’s Court of Chancery, the history people’s lives through music. By cre- ware, which is universally recognized— of Equity Jurisdiction in Delaware and ating more avenues for young people to nationally and internationally—as hav- the Federal-State Corporate Law Rela- express themselves, like through play- ing one of the most reputable, intellec- tionship. His colleagues nationwide ing the piano, children can learn how tual benches bar none. also have awarded him numerous pres- to imagine, create, and organize the He is known in my state affection- tigious awards, including the First power of music. These skills can later ately and respectfully as ‘‘Judge,’’ Place Award for the 1980 Judge Edward be used as key tools to succeed in the ‘‘Chancellor,’’ ‘‘Justice,’’ and ‘‘Mr. Sec- R. Finch Law Day U.S.A. Speech, spon- future as they enter adulthood. Thank retary of State.’’ He nearly became sored by the American Bar Associa- you, Ron, for ensuring a better future Governor and was my recommendation tion, on the topic of ‘‘Seven Percep- for this state as the younger genera- to President Clinton in June, 1999 to tions of Freedom.’’ In June, 1998, he tions are better equipped to lead Ken- serve on the United States Third Cir- also received the ‘‘American Judica- tucky. cuit Court of Appeals. It was during a ture Society’s Herbert Harley Award.’’ Your hard work continues to display medical examination required for this Judge Quillen will continue to serve an unswerving commitment to the peo- position that his physician detected as a professor at the Widener Univer- ple of Kentucky and possesses the re- prostate cancer. For health reasons, we sity School of Law and plans to spend spect and gratitude of many in the withdrew his name from consideration. more time with his wife of 41 years, community. The significant work I am happy to report that following two daughters and three grandchildren. which you and your wife Amanda have treatment for prostate cancer, he is as I have no doubt his legal legacy, accomplished is appreciated by myself healthy as ever, running 5K races like knowledge of Delaware, writing and and the many others whose lives you a man half his age. speaking ability will continue to serve have touched throughout your career. Now, in classic Bill Quillen altru- our State for many years to come. Ron, thank you and best wishes for ism—he says it’s time to retire from Judge Quillen is a proud graduate of many more years of success. Know that the bench and make way for younger Harvard Law School, and it was the your efforts to better the lives of those lawyers to serve as judges. Dean Emeritus of Harvard Law in the region will be felt for years to Early in his career, Bill Quillen School—Roscoe Pound—who said: come. On behalf of myself and my col- served in the United States Air Force ‘‘Law is experience developed by rea- leagues in the United States Senate, as a judge advocate, then as a top aide son and applied continually to further thank you for giving so much of your- for Delaware’s Governor. His judicial experience.’’ self for so many others in Louisville, career began in 1966 on the Superior Judge Quillen’s vast experience and the state of Kentucky, and the entire Court, which is Delaware’s primary reasoned principles applied as a mem- music industry.∑ trial court. In 1973, he was elevated and ber of Delaware’s top three courts will f confirmed as Chancellor of Delaware’s forever leave its marks on our body of renowned Court of Chancery. law in Delaware. Our State and our MESSAGES FROM THE PRESIDENT Following a two-year experience as a citizens are so much better for his serv- Messages from the President of the private attorney with the Wilmington ice. So, Your Honor, May It Please The United States were communicated to

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00069 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.002 S26JY0 16352 CONGRESSIONAL RECORD—SENATE July 26, 2000

the Senate by Ms. Evans, one of his Virginia, Mr. CRAMER, Mr. HINCHEY, H. Con. Res. 372. Concurrent resolution ex- secretaries. and Mr. OBEY, as the managers of the pressing the sense of the Congress regarding the historic significance of the 210th anniver- EXECUTIVE MESSAGES REFERRED conference on the part of the House. The message further announced that sary of the establishment of the Coast As in executive session the Presiding Guard, and for other purposes. Officer laid before the Senate messages the House has passed the following H. Con. Res. 375. Concurrent resolution rec- from the President of the United bills, in which it requests the concur- ognizing the importance of children in the States submitting sundry nominations rence of the Senate: United States and supporting the goals and which were referred to the appropriate H.R. 2348. An act to authorize the Bureau ideas of American Youth Day. committees. of Reclamation to provide cost sharing for At 3:06 p.m., a message from the the endangered fish recovery implementa- House of Representatives, delivered by (The nominations received today are tion programs for the Upper Colorado and printed at the end of the Senate pro- San Juan River Basins. Mr. Hayes, one of its reading clerks, ceedings.) H.R. 2462. An act to amend the Organic Act announced that the House has passed of Guam, and for other purposes. the following bills, in which it requests f H.R. 2919. An act to promote preservation the concurrence of the Senate: THE TWENTY-FIRST ANNUAL RE- and public awareness of the history of the H.R. 4033. Act act to amend the Omnibus PORT OF THE FEDERAL LABOR Underground Railroad by providing financial Crime Control and Safe Streets Act of 1968 to RELATIONS AUTHORITY FOR FIS- assistance to the Freedom Center in Cin- clarify the procedures and conditions for the cinnati, Ohio. award of matching grants for the purchase of CAL YEAR 1999—MESSAGE FROM H.R. 3236. An act to auhorize the Secretary THE PRESIDENT—PM #122. armor vests. of the Interior to enter into contracts with H.R. 4710. An act to authorize appropria- The PRESIDING OFFICER laid be- the Weber Basin Water Conservancy District, tions for the prosecution of obscenity cases. fore the Senate the following message Utah, to use Weber Basin Project facilities H.R. 4807. An act to amend the Public for the impounding, storage, and carriage of Health Service Act to revise and extend pro- from the President of the United noproject water for domestic, municipal, in- States, together with an accompanying grams established under the Ryan White dustrial, and other beneficial purposes. Comprehensive AIDS Resources Emergency H.R. 3291. An act to provide for the settle- report; which was referred to the Com- Act of 1990, and for other purposes. mittee on Governmental Affairs. ment of the water rights claims of the Shivwits Band of the Paiute Indian Tribe of f To the Congress of the United States: Utah, and for other purposes. In accordance with section 701 of the H.R. 3468. An act to direct the Secretary of MEASURES REFERRED Civil Service Reform Act of 1978 (Pub- the Interior to convey certain water rights The following bills were read the first lic Law 95–454, 5 U.S.C. 7104(e)), I have to Duchesne City, Utah. and second times by unanimous con- H.R. 3485. An act to modify the enforce- sent, and referred as indicated: the pleasure of transmitting to you the ment of certain anti-terrorism judgments, Twenty-first Annual Report of the Fed- and for other purposes. H.R. 2462. An act to amend the Organic Act eral Labor Relations Authority for Fis- H.R. 4047. An act to amend title 18 of the of Guam, and for other purposes; to the Com- cal Year 1999. United States Code to provide life imprison- mittee on the Judiciary. The report includes information on ment for repeat offenders who commit sex H.R. 2919. An act to promote preservation and public awareness of the history of the the cases heard and decisions rendered offenses against children. H.R. 4210. An act to amend the Robert T. Underground Railroad by providing financial by the Federal Labor Relations Au- Stafford Disaster Relief and Emergency As- assistance, to the Freedom Center in Cin- thority, the General Counsel of the Au- sistance Act to provide for improved Federal cinnati, Ohio; to the Committee on Energy thority, and the Federal Service Im- efforts to prepare for and respond to ter- and Natural Resources. passes Panel. rorist attacks, and for other purposes. H.R. 3236. An act to authorize the Sec- WILLIAM J. CLINTON. H.R. 4320. An act to assist in the conserva- retary of the Interior to enter into contracts THE WHITE HOUSE, July 26, 2000. tion of great apes by supporting and pro- with the Weber Basin Water Conservancy viding financial resources for the conserva- District, Utah, to use Weber Basin Project f tion programs of countries within the range facilities for the impounding, storage, and MESSAGE FROM THE HOUSE of great apes and projects of persons with carriage of nonproject water for domestic, demonstrated expertise in the conservation municipal, industrial, and other beneficial At 11:59 a.m., a message from the of great apes. purposes; to the Committee on Energy and House of Representatives, delivered by H.R. 4697. An act to amend the Foreign As- Natural Resources. Ms. Niland, one of its reading clerks, sistance Act of 1961 to ensure that United H.R. 4047. An act to amend title 18 of the announced that the House has passed States assistance programs promote good United States Code to provide life imprison- the bill (S. 768) to establish court-mar- governance by assisting other countries to ment for repeat offenders who commit sex offenses against children; to the Committee ital jurisdiction over civilians serving combat corruption throughout society and to promote transparency and increased ac- on the Judiciary. with the Armed Forces during contin- countability for all levels of government and H.R. 4210. An act to amend the Robert T. gency operations, and to establish Fed- throughout the private sector. Stafford Disaster Relief and Emergency As- eral jurisdiction over crimes com- H.R. 4806. An act to designate the Federal sistance Act to provide for improved Federal mitted outside the United States by building located at 1710 Alabama Avenue in efforts to prepare for and respond to ter- former members of the Armed Forces Jasper, Alabama, as the ‘‘Carl Elliott Fed- rorist attacks, and for other purposes; to the and civilians accompanying the Armed eral Building.’’ Committee on Environment and Public H.R. 4868. An act to amend the Harmonized Works. Forces outside the United States, with Tariff Schedule of the United States to mod- H.R. 4320. An act to assist in the conserva- an amendment, in which it requests ify temporarily certain rates of duty, to tion of great apes and supporting and pro- the concurrence of the Senate: make other technical amendments to the viding financial resources for the conserva- The message also announced that the trade laws, and for other purposes. tion programs of countries within the range House disagreed to the amendment of H.R. 4923. An act to amend the Internal of great apes and projects of persons with the Senate to the bill (H.R. 4578) mak- Revenue Code of 1986 to provide tax incen- demonstrated expertise in the conservation ing appropriations for the Department tives for the renewal of distressed commu- of great apes; to the Committee on Environ- nities, to provide for nine additional em- ment and Public Works. of the Interior and related agencies for powerment zones and increased tax incen- H.R. 4697. An act to amend the Foreign As- the fiscal year ending September 30, tives for empowerment zone development, to sistance Act of 1961 to ensure that United 2001, and for other purposes, and agree encourage investments in new markets, and States assistance programs promote good to the conference asked by the Senate for other purposes. governance by assisting other countries to on the disagreeing votes of the two The message also announced that the combat corruption throughout society and Houses, and appoints Mr. REGULA, Mr. House has agreed to the following con- to promote transparency and increased ac- countability for all levels of government and KOLBE, Mr. SKEEN, Mr. TAYLOR of current resolutions, in which it re- throughout the private sector; to the Com- North Carolina, Mr. NETHERCUTT, Mr. quests the concurrence of the Senate: mittee on Foreign Relations. WAMP, Mr. KINGSTON, Mr. PETERSON of H. Con. Res. 343. Concurrent resolution ex- H.R. 4710. An act to authorize appropria- Pennsylvania, Mr. YOUNG of Florida, pressing the sense of the Congress regarding tions for the prosecution of obscenity cases; Mr. DICKS, Mr. MURTHA, Mr. MORAN of the importance of families eating together. to the Committee on the Judiciary.

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00070 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.002 S26JY0 July 26, 2000 CONGRESSIONAL RECORD—SENATE 16353 H.R. 4806. An act to designate the Federal posed issuance of an export license relative family member’s naturalization; additional building located at 1710 Alabama Avenue in to Germany; to the Committee on Foreign class of aliens ineligible for family unity Jasper, Alabama, as the ‘‘Carl Elliott Fed- Relations. benefits’’ (RIN1115–AE72 INS No. 1823–96) re- eral Building’’; to the Committee on Envi- EC–9978. A communication from the Sec- ceived on July 19, 2000; to the Committee on ronment and Public Works. retary of Defense, transmitting, the report of the Judiciary. H.R. 4868. An act to amend the Harmonized a retirement; to the Committee on Armed EC–9989. A communication from the Chief Tariff Schedule of the United States to mod- Services. Justice of the Supreme Court, transmitting, ify temporarily certain rates of duty, to EC–9979. A communication from the Sec- the report of the Proceedings of the Judicial make other technical amendments to the retary of Defense, transmitting, the report of Conference on March 14, 2000; to the Com- trade laws, and for other purposes; to the a retirement; to the Committee on Armed mittee on the Judiciary. Committee on Finance. Services. EC–9990. A communication from the Assist- The following concurrent resolutions EC–9980. A communication from the Sec- ant Secretary of State (Legislative Affairs), were read, and referred as indicated: retary of Defense, transmitting, the report of transmitting, pursuant to law, the report of a retirement; to the Committee on Armed the transmittal of the certification of the H. Con. Res. 343. Concurrent resolution ex- Services. proposed issuance of an export license rel- pressing the sense of the Congress regarding EC–9981. A communications from the Al- ative to Australia, French Guiana, Japan, the importance of families eating together; ternate OSD Federal Register Liaison Offi- Jordan, Kourou, The Netherlands, Singapore, to the Committee on the Judiciary. cer, Department of Defense, transmitting, and the United Kingdom; to the Committee H. Con. Res. 372. Concurrent resolution ex- pursuant to law, the report of a rule entitled on Foreign Relations. pressing the sense of the Congress regarding ‘‘TRICARE Nonavailability Statement Re- EC–9991. A communication from the Under the historic significance of the 210th anniver- quirement for Maternity Care’’ received on Secretary of Defense, Acquisition, Tech- sary of the establishment of the Coast July 19, 2000; to the Committee on Armed nology, and Logistics, Department of De- Guard, and for other purposes; to the Com- Services. fense, transmitting , pursuant to law, the re- mittee on Commerce, Science, and Transpor- EC–9982. A communication from the Direc- port on A–76 reviews; to the Committee on tation. tor of the Office of Management and Budget, Appropriations. H. Con. Res. 375. Concurrent resolution rec- Executive Office of the President, transmit- EC–9992. A communication from the Dep- ognizing the importance of children in the ting, pursuant to law, the Mid-Session Re- uty Executive Secretary to the Department United States and supporting the goals and view for fiscal year 2001; referred jointly, of Health and Human Services, transmitting, ideas of American Youth Day; to the Com- pursuant to the order of January 30, 1975, as pursuant to law, the report of a rule entitled mittee on the Judiciary. modified by the order of April 11, 1986, to the ‘‘Medicare Program; Solvency Standards for f Committees on Appropriations, and the Provider-Sponsored Organizations (HCFA– Budget. 1011–F)’’ (RIN0938–AI83) received on July 12, MEASURES PLACED ON THE EC–9983. A communication from the Gen- 2000; to the Committee on Finance. CALENDAR eral Counsel of the National Credit Union EC–9993. A communication from the Chief The following bills were read the first Administration, transmitting, pursuant to of the Regulations Unit of the Internal Rev- law, the report of a rule entitled ‘‘Part 702— enue Service, Department of the Treasury, and second times by unanimous con- Prompt Corrective Action; Risk-Based Net transmitting, pursuant to law, the report of sent, and placed on the calendar: Worth Requirement’’ received on July 19, a rule entitled ‘‘Rev. Proc. 2000-31 Form 1040 H.R. 3485. An act to modify the enforce- 2000; to the Committee on Banking, Housing, IRS e-file Program’’ (Rev. Proc. 2000–31) re- ment of certain anti-terrorism judgments, and Urban Affairs. ceived on July 13, 2000; to the Committee on and for other purposes. EC–9984. A communication from the Assist- Finance. H.R. 4807. An act to amend the Public ant Secretary for Export Administration, EC–9994. A communication from the Chief Health Service Act to revise and extend pro- Department of Commerce, transmitting, pur- of the Regulations Unit of the Internal Rev- grams established under the Ryan White suant to law, the report of a rule entitled enue Service, Department of the Treasury, Comprehensive AIDS Resources Emergency ‘‘Export Administration Regulations Entity transmitting, pursuant to law, the report of Act of 1990, and for other purposes. List: Revisions to the Entity List’’ (RIN0694– a rule entitled ‘‘1999 Differential Earnings The following bill was read the sec- AB73) received on July 20, 2000; to the Com- Rate’’ (Revenue Ruling 2000–37) received on ond time, and placed on the calendar: mittee on Banking, Housing, and Urban Af- July 17, 2000; to the Committee on Finance. fairs. EC–9995. A communication from the S. 2912. A bill to amend the Immigration EC–9985. A communication from the Man- Commisioner of Social Security, Social Se- and Nationality Act to remove certain limi- aging Director, Office of the General Coun- curity Administration, transmitting, a draft tations on the eligibility of aliens residing in sel, Federal Housing Finance Board, trans- of proposed legislation entitled ‘‘Social Se- the United States to obtain lawful perma- mitting, pursuant to law, the report of a rule curity Amendments of 2000″; to the Com- nent residency status. entitled ‘‘Federal Home Loan Bank Ad- mittee on Finance. f vances, Eligible Collateral, New Business Ac- EC–9996. A communication from the Chief tivities and Related Matters’’ (RIN3069– of the Regulations Unit of the Internal Rev- EXECUTIVE AND OTHER AA97) received on July 24, 2000; to the Com- enue Service, Department of the Treasury, COMMUNICATIONS mittee on Banking, Housing, and Urban Af- transmitting, pursuant to law, the report of The following communications were fairs. a rule entitled ‘‘August 2000 Applicable Fed- laid before the Senate, together with EC–9986. A communication from the Man- eral Rates’’ (Revenue Ruling 2000–38) re- accompanying papers, reports, and doc- aging Director, Office of the General Coun- ceived on July 21, 2000; to the Committee on sel, Federal Housing Finance Board, trans- Finance. uments, which were referred as indi- mitting, pursuant to law, the report of a rule EC–9997. A communication from the Chief cated: entitled ‘‘Election of Federal Home Loan of the Regulations Unit of the Internal Rev- EC–9975. A communication from the Direc- Bank Directors’’ (RIN3069–AB00) received on enue Service, Department of the Treasury, tor of the Office of Regulations Management, July 24, 2000; to the Committee on Banking, transmitting, pursuant to law, the report of Department of Veterans Affairs, transmit- Housing, and Urban Affairs. a rule entitled ‘‘Coordinated Issue: All Indus- ting, pursuant to law, the report of a rule en- EC–9987. A communication from the Man- tries-Lease Stripping Transactions’’ (UIL titled ‘‘Increase in Rates Payable Under the aging Director, Office of the General Coun- 9226.00–00) received on July 21, 2000; to the Montgomery GI Bill—Active Duty’’ sel, Federal Housing Finance Board, trans- Committee on Finance. (RIN2900–AJ89) received on July 19, 2000; to mitting, pursuant to law, the report of a rule EC–9998. A communication from the Chief the Committee on Veterans’ Affairs. entitled ‘‘Amendment of Membership Regu- of the Regulations Unit of the Internal Rev- EC–9976. A communication from the Assist- lation and Advances Regulation’’ (RIN3069– enue Service, Department of the Treasury, ant Secretary of Legislative Affairs, trans- AA94) received on July 24, 2000; to the Com- transmitting, pursuant to law, the report of mitting, pursuant to law, a report of a rule mittee on Banking, Housing, and Urban Af- a rule entitled ‘‘Coordinated Issue: Motor entitled ‘‘Amendments to the International fairs. Vehicle Industry-Service Technician Tool Traffic in Arms Regulation: NATO Coun- EC–9988. A communication from the Direc- Reimbursements’’ (UIL 62.15–00) received on tries, Australia and Japan’’ received on July tor of the Policy Directives and Instructions July 21, 2000; to the Committee on Finance. 17, 2000; to the Committee on Foreign Rela- Branch, Immigration and Naturalization EC–9999. A communication from the Chief tions. Service, Department of Justice, transmit- of the Regulations Unit of the Internal Rev- EC–9977. A communication from the Assist- ting, pursuant to law, the report of a rule en- enue Service, Department of the Treasury, ance Secretary of Legislative Affairs, trans- titled ‘‘Implementation of Hernandez v. Reno transmitting, pursuant to law, the report of mitting, pursuant to law, the report of the settlement agreement; Certain aliens eligi- a rule entitled ‘‘Increase in Cash-out Limit transmittal of the certification of the pro- ble for family unity benefits after sponsoring Under sections 411(a)(7), 411(a)(11), and

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00071 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.002 S26JY0 16354 CONGRESSIONAL RECORD—SENATE July 26, 2000 417(e)(1) for Qualified Retirement Plans’’ Arthur C. Campbell, of Tennessee, to be identification, and for other purposes; to the (RIN 1545–AW59 (TD8891)) received on July Assistant Secretary of Commerce for Eco- Committee on the Judiciary. 18, 2000; to the Committee on Finance. nomic Development. (New Position) By Mr. THURMOND: EC–10000. A communication from the Dep- Ella Wong-Rusinko, of Virginia, to be Al- S. 2925. A bill to amend the Public Health uty Secretary to the Department of Health ternate Federal Cochairman of the Appa- Service Act to establish an Office of Men’s and Human Services, transmitting, pursuant lachian Regional Commission. Health; to the Committee on Health, Edu- to law, the report of a rule entitled ‘‘Medi- By Mr. HELMS for the Committee on For- cation, Labor, and Pensions. care Program; Prospective Payment System eign Relations. By Mr. BINGAMAN: for Home Health Agencies (HCFA–1059–F)’’ Everett L. Mosley, of Virginia, to be In- S. 2926. A bill to amend title II of the So- (RIN0938–AJ24) received on July 19, 2000; to spector General, Agency for International cial Security Act to provide that an individ- the Committee on Finance. Development. ual’s entitlement to any benefit thereunder EC–10001. A communication from the Dep- Richard A. Boucher, of Maryland, a Career shall continue through the month of his or uty Secretary to the Department of Health Member of the Senior Foreign Service, Class her death (without affecting any other per- and Human Services, transmitting, pursuant of Minister-Counselor, to be an Assistant son’s entitlement to benefits for that month) to law, the report of a rule entitled ‘‘Medi- Secretary of State (Public Affairs). and that such individual’s benefit shall be care Program; State Health Insurance Pro- Michael G. Kozak, of Virginia, a Career payable for such month only to the extent gram (SHIP)–HCFA–4005–IFC’’ (RIN0938– Member of the Senior Executive Service, to proportionate to the number of days in such AJ67) received on July 19, 2000; to the Com- be Ambassador Extraordinary and Pleni- month preceding the date of such individ- mittee on Finance. potentiary of the United States of America ual’s death; to the Committee on Finance. EC–10002. A communication from the Chief to the Republic of Belarus. By Mr. FEINGOLD: of the Regulations Branch, U.S. Customs Nominee: Michael G. Kozak. S. 2927. A bill to ensure that the incarcer- Service, Department of the Treasury, trans- Post: Ambassador to Belarus. ation of inmates is not provided by private mitting, pursuant to law, the report of a rule The following is a list of all members of contractors or vendors and that persons entitled ‘‘Forced or Indentured Child Labor’’ my immediate family and their spouses. I charged or convicted of an offense against (RIN1515–AC36) received on July 20, 2000; to have asked each of these persons to inform the United States shall be housed in facili- the Committee on Finance. me of the pertinent contributions made by ties managed and maintained by Federal, EC–10003. A communication from the Chief them. To the best of my knowledge, the in- State, or local governments; to the Com- of the Regulations Unit, Internal Revenue formation contained in this report is com- mittee on the Judiciary. Service, Department of the Treasury, trans- plete and accurate. By Mr. MCCAIN (for himself, Mr. mitting, pursuant to law, the report of a rule Contributions, amount, date, donee: KERRY, Mr. ABRAHAM, and Mrs. entitled ‘‘Weighted Average Interest Rate 1. Self: none. BOXER): Update’’ (Notice 2000–40) received on July 24, 2. Spouse: Eileen Louise Kozak, none. S. 2928. A bill to protect the privacy of con- 2000; to the Committee on Finance. 3. Children and spouses names: Dan B. and sumers who use the Internet; to the Com- mittee on Commerce, Science, and Transpor- f Laura D. Kozak, none; Alexander G. Kozak, none. tation. REPORTS OF COMMITTEES 4. Parents names: George C. and Margaret By Mrs. FEINSTEIN (for herself, Mr. L. Kozak, none. HOLLINGS, Mr. INOUYE, and Mr. KEN- The following reports of committees 5. Grandparents names: deceased. NEDY): S. 2929. A bill to establish a demonstration were submitted: 6. Brothers and spouses names: none. project to increase teacher salaries and em- By Mr. CAMPBELL, from the Committee 7. Sisters and spouses names: Susan D. and ployee benefits for teachers who enter into on Indian Affairs, with an amendment in the Tom Volking, none; Lucinda J. and Bruce contracts with local educational agencies to nature of a substitute: Campbell, none. serve as master teachers; to the Committee S. 1586: A bill to reduce the fractionated (The above nominations were re- ownership of Indian Lands, and for other pur- on Health, Education, Labor, and Pensions. poses (Rept. No. 106–361). ported with the recommendation that By Mr. SANTORUM: S. 2930. A bill to guarantee the right of in- By Mr. SMITH, of New Hampshire, from they be confirmed subject to the nomi- dividuals to receive social security benefits the Committee on Environment and Public nees’ commitment to respond to re- under title II of the Social Security Act in Works, without amendment: quests to appear and testify before any full with an accurate annual cost-of-living H.R. 1729: A bill to designate the Federal duly constituted committee of the Sen- adjustment; to the Committee on Finance. facility located at 1301 Emmet Street in ate.) By Mr. MURKOWSKI: Charlottesville, Virginia, as the ‘‘Pamela B. f S. 2931. A bill to make improvements to Gwin Hall’’. the Arctic Research and Policy Act of 1984; H.R. 1901: A bill to designate the United INTRODUCTION OF BILLS AND to the Committee on Governmental Affairs. States border station located in Pharr, JOINT RESOLUTIONS By Mr. LAUTENBERG: Texas, as the ‘‘Kika de la Garza United S. 2932. A bill to amend title 39, United States Border Station’’. The following bills and joint resolu- tions were introduced, read the first States Code, to provide for the issuance of a H.R. 1959: A bill to designate the Federal semipostal stamp in order to afford the pub- building located at 743 East Durango Boule- and second times by unanimous con- lic a convenient way to contribute to fund- vard in San Antonio, Texas, as the ‘‘Adrian sent, and referred as indicated: ing for the establishment of the World War II A. Spears Judicial Training Center’’. By Mr. BINGAMAN: Memorial; to the Committee on Govern- H.R. 4608: A bill to designate the United S. 2922. A bill to create a Pension Reform mental Affairs. States courthouse located at 220 West Depot and Simplification Commission to evaluate By Mr. NICKLES: Street in Greeneville, Tennessee, as the and suggest ways to enhance access to the S. 2933. A bill to amend provisions of the ‘‘James H. Quillen United States Court- private pension plan system; to the Com- Energy Policy Act of 1992 relating to reme- house’’. mittee on Health, Education, Labor, and dial action of uranium and thorium proc- By Mr. HELMS, from the Committee on Pensions. essing sites; to the Committee on Energy Foreign Relations, with an amendment in By Mr. KENNEDY (for himself, Mr. and Natural Resources. the nature of a substitute: ROCKEFELLER, Mr. DASCHLE, Mr. By Mr. TORRICELLI: S. 2253: A bill to authorize the establish- MOYNIHAN, Mr. REED, Mr. L. CHAFEE, S. 2934. A bill to provide for the assessment ment of a joint United States-Canada com- Ms. COLLINS, Ms. SNOWE, Mr. BAUCUS, of an increased civil penalty in a case in mission to study the feasibility of con- Mr. BREAUX, Mr. CONRAD, Mr. which a person or entity that is the subject necting the rail system in Alaska to the GRAHAM, Mr. BRYAN, Mr. KERREY, Mr. of a civil environmental enforcement action North American continental rail system; and ROBB, Mr. INOUYE, Mr. LAUTENBERG, has previously violated an environmental for other purposes. Mr. AKAKA, Mr. SCHUMER, and Mr. law or in a case in which a violation of an f LEAHY): environmental law results in a catastrophic S. 2923. A bill to amend title XIX and XXI event; to the Committee on Environment EXECUTIVE REPORTS OF of the Social Security Act to provide for and Public Works. COMMITTEES Family Care coverage for parents of enrolled By Mr. GRAHAM (for himself, Mr. children, and for other purposes; to the Com- The following executive reports of GRASSLEY, Ms. MIKULSKI , Mr. BAYH, mittee on Finance. Mr. BREAUX, Ms. COLLINS, and Mr. committees were submitted: By Ms. COLLINS (for herself, Mr. DUR- AKAKA): By Mr. SMITH of New Hampshire for the BIN, and Mrs. FEINSTEIN): S. 2935. A bill to amend the Employee Re- Committee on Environment and Public S. 2924. A bill to strengthen the enforce- tirement Income Security Act of 1974, the In- Works. ment of Federal statutes relating to false ternal Revenue Code of 1986, and the Public

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00072 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.002 S26JY0 July 26, 2000 CONGRESSIONAL RECORD—SENATE 16355 Health Service Act to increase Americans’ convenience and necessity policy set forth in be implemented in each and every access to long term health care, and for section 40101 of title 49, United States Code; state. other purposes; to the Committee on Fi- to the Committee on Commerce, Science, From most accounts we have accom- nance. and Transportation. plished these two goals. There is no By Mr. ROBB (for himself, Mr. f question that ERISA has flaws that DASCHLE, Mr. BAUCUS, Mr. BREAUX, Mr. DODD, Mr. DORGAN, Mr. JOHNSON, STATEMENTS ON INTRODUCED must be addressed—and I will discuss Mr. KENNEDY, Mr. KERREY, Mr. BILLS AND JOINT RESOLUTIONS these in detail later—but for all these KERRY, Mr. LEAHY, Mr. LIEBERMAN, flaws ERISA was extremely significant By Mr. BINGAMAN: Mrs. LINCOLN, Mr. REID, Mr. ROCKE- in that it reaffirmed the government’s FELLER, Mr. SCHUMER, Mr. S. 2922. A bill to create a Pension Re- commitment to the importance of re- TORRICELLI, Mr. HARKIN, and Mr. form and Simplification Commission to tirement plans for all Americans. Fur- BAYH): evaluate and suggest ways to enhance thermore, it created a comprehensive S. 2936. A bill to provide incentives for new access to the private pension plan sys- markets and community development, and framework in this country under which tem; to the Committee on Health, Edu- the expansion of private retirement for other purposes; to the Committee on Fi- cation, Labor, and Pensions. nance. plans could occur. Equally important, By Mr. DOMENICI (for himself, Mr. THE PENSION REFORM AND SIMPLIFICATION the mechanisms it established for per- COMMISSION ACT WYDEN, Mr. GRASSLEY, and Mr. sonal saving has added trillions of dol- KERREY): Mr. BINGAMAN. Mr. President: I rise lars in available investment capital S. 2937. A bill to amend title XVIII of the today to introduce legislation calling over the last decade alone, fueling in a Social Security Act to improve access to for the establishment of a Pension Re- very tangible way the unprecedented Medicare+Choice plans through an increase form and Simplification Commission. in the annual Medicare+Choice capitation economic growth that we are seeing The legislation derives directly from right now. rates and for other purposes; to the Com- conversations I have had with constitu- mittee on Finance. But for all the praise ERISA receives, By Mr. BROWNBACK (for himself and ents and experts on three key issues. it is also criticized widely and, in my Mr. SCHUMER): First, there is the problem related to opinion, correctly on a number of S. 2938. A bill to prohibit United States as- the current cost and complexity of pri- counts. For this reason, it is time to sistance to the Palestinian Authority if a vate pension plans. In my view current seriously re-evaluate whether it is ad- Palestinian state is declared unilaterally, regulations place an unnecessary bur- dressing the needs and concerns of all and for other purposes; to the Committee on den on small and medium business as Americans. It is time to examine Foreign Relations. they attempt to adopt pension plans. whether it fits the demands of a chang- By Mr. GRASSLEY (for himself, Mr. Indeed, even the most simple plans are ROCKEFELLER, Mr. JEFFORDS, and ing, global, ‘‘new’’ economy. Mrs. LINCOLN): often so complicated in form and func- As a specific example of these prob- S. 2939. A bill to amend the Internal Rev- tion as to be incomprehensive to an ev- lems, the adoption of piecemeal, nar- enue Code of 1986 to provide a credit against eryday businessperson. row, and complicated statutes and reg- tax for energy efficient appliances; to the Second, there is the problem involved ulations in the 26 years since ERISA’s Committee on Finance. in coverage. Although over-all pension implementation has made substantial By Mr. HATCH: coverage may be consistent over the portions of our retirement system inef- S. 2940. A bill to authorize additional as- last decade and the assets of private ficient, expensive, and oftentimes in- sistance for international malaria control, plans have been on the increase, my and to provide for coordination and consulta- comprehensible to anyone wishing to tion in providing assistance under the For- concern is with those individuals of low use it. It is well-known that we con- eign Assistance Act of 1961 with respect to to moderate income who are being left tinue to add provisions and plans with malaria, HIV, and tuberculosis; read the first out of the private pension plan equa- no effort at all to make them inter- time. tion. As companies move toward cheap- nally compatible. We may have a broad By Mr. HAGEL (for himself, Mr. er plans—401(k)s being a salient exam- vision about what we want to do with KERREY, Mr. ABRAHAM, Mr . BREAUX, ple—and feel less obligated to offer de- retirement policy in this country, but Mr. DEWINE, Mr. GORTON, Mrs. fined benefit-type plans, individuals we instead of revising retirement pol- HUTCHISON, Ms. LANDRIEU, Mr. SMITH who do not have the extra money to of Oregon, and Mr. THOMAS): icy in a comprehensive and strategic S. 2941. A bill to amend the Federal Cam- contribute to their pension plans are manner, we simply add new ideas and paign Act of 1971 to provide meaningful cam- unable to benefit from a plan’s avail- language incrementally, hoping they paign finance reform through requiring bet- ability. This is if a plan is available at will appeal to businesses who wish to ter reporting, decreasing the role of soft all, and in many cases it is not. offer them to their employees. money, and increasing individual contribu- Third, there is the problem of what Sadly, the end result is that for tion limits, and for other purposes; read the kind of private pension plans are best many businesses the cost of compliance first time. suited for the so-called ‘‘New Econ- with ERISA regulations—the adminis- f omy’’. Clearly there is considerable de- trative and professional costs of quali- SUBMISSION OF CONCURRENT AND bate as of late in terms of what kind of fication—rival and even outweigh the SENATE RESOLUTIONS private pension plans should be offered costs of providing the benefits them- so as to increase saving, decrease mo- selves. This, in turn, has led to a deci- The following concurrent resolutions bility, provide opportunity, enhance sion by many business owners that and Senate resolutions were read, and entrepreneurship, and so on, all of they can no longer afford to offer re- referred (or acted upon), as indicated: which is apparent in the rise of hybrid tirement plans to their employees, this By Mr. FITZGERALD (for himself, Mr. pension plans. My foremost concern in spite of their desire to do so. For LIEBERMAN, Mr. HAGEL, Mr. HELMS, here is that Congress now finds itself these people, the current rules burden and Mr. LUGAR): S. Res. 343. A resolution expressing the reacting to innovative private pension the system beyond the benefits they sense of the Senate that the International plans rather than being pro-active in provide. This has to change. Red Cross and Red Crescent Movement their creation. But the cost and complexity I have should recognize and admit to full member- Mr. President, in 1974, Congress just mentioned has had a corollary ef- ship Israel’s Magen David Adom Society passed the Employee Retirement In- fect, that being a lack of access to pen- with its emblem, the Red Shield of David; to come Security Act, known by most sion plans on the part of low- and mid- the Committee on Foreign Relations. people by its acronym of ERISA, our dle-income workers, women and mi- By Mr. MCCAIN (for himself and Mr. intention at the time being twofold. norities in particular. Rightly or GORTON): S. Res. 344. A resolution expressing the First, we wanted to protect the assets wrongly, one of the foremost criticisms sense of the Senate that the proposed merger held in private sector retirement plans. directed toward ERISA is that it has of United Airlines and US Airways is incon- Second, we wanted to create uniform accelerated the demise of traditional sistent with the public interest and public rules that govern how these plans will defined benefit pensions and increased

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00073 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.002 S26JY0 16356 CONGRESSIONAL RECORD—SENATE July 26, 2000 conversions to new forms of plans, spe- context of technological innovation dividuals and organizations interested cifically defined contribution plans and globalization, and so on. Here, we in retirement policy, from the Em- like 401(k)s. Employers oftentimes no must confront the reality of political ployee Benefits Research Institute, to longer feel it is their role to provide re- economic change, and do so quickly the Center for Budget and Policy Prior- tirement income to their employees as and coherently. ities, to the Association of Private they once did under defined benefit But Congress is not doing that. As I Pension and Welfare Plans. Although plans. Instead they make defined con- stated previously, we are reacting to all of the organizations involved have tribution plans available and then edu- changes rather than planning for the their own perspective on how retire- cate employees as to how to save for future in a coherent and strategic man- ment policy issues should be addressed themselves. ner. In my view, this is an extremely in the United States, I have made a The problem is that the retirement serious problem as it limits our ability concerted effort to make their con- security of a great many workers now to create the conditions necessary for cerns compatible in this legislation. lies in their ability to contribute indi- national economic growth and indi- Significantly, all endorse the goals of vidually to these plans, and this is not vidual economic welfare. the bill, as does the American Academy always possible. Indeed, data suggests As many of my colleagues know, the of Actuaries, the Executive Committee that if these individuals are able to notion of a Pension Commission has of the New York State Bar Association, save adequately at all, they do so late been discussed and debated for a num- and the Chairman of the Special Com- in their careers—this after paying for ber of years, but we have never placed mission on Pension Simplification of their homes, their childrens’ education, it high enough on our list of priorities the New York State Bar Association, and other important spending prior- to address it with purpose. I would Mr. Alvin D. Lurie. ities. Only then do they have the op- argue that we can no longer afford the Mr. President, although there is portunity to accumulate the money luxury of contemplation, and the time much to recommend concerning our needed to supplement Social Security to act is now. Failure to adjust our ex- current pension system, it is common and carry them through retirement. isting policies to meet the challenges knowledge that this system is, in many But these are the lucky ones. The fact we face both now and in the future will instances, too complicated for partici- is a large portion of Americans simply result in several specific outcomes. pants to understand, too difficult for First, it will mean that many work- no longer have the capacity to save, businesses to use, and too inaccessible ers will see their retirement expecta- this in spite of living in a time of eco- for individuals to join. We have added tions fade or disappear. Second, it will nomic prosperity. This too needs to be layer upon layer of legislation, to the likely mean that these individuals will changed. point that the system is not only un- be forced to rely on government spon- There is a third reason to re-evaluate wieldy, but often of questionable pur- ERISA, and that is that the dynamics sored programs that are themselves fi- nancially overextended. Finally, it will pose. We have reached the point that of the New Economy demand a discus- mean that the capacity of U.S. firms to its complexity and inaccessibility is sion of what retirement policies best compete in the global marketplace will having a tangible impact on individ- serve the economic interests of the be diminished. In my view, none of uals and businesses alike. United States. For a good part of this In my view, the status quo is no these outcomes are acceptable. We sim- century, private pension plans were ply must become more thoughtful and longer viable or acceptable. It is time seen by employers as a way to keep pro-active. to meet the challenge that faces us in their workforce intact, their employ- The bill I introduce today has a num- a direct and strategic fashion. It is ees’ morale high, and devotion to the ber of purposes, but foremost among time to reform and simplify the system company constant. Employees stayed them is to establish an affordable, ac- so that we have a effective mechanism with companies because they identified cessible, equitable, efficient, cost-effec- that serves employers and employees with the company and were treated by tive, and easy to understand private alike and provides the means to guar- employers as family. Continuity and pension plan system in the United antee all Americans income security in connection were the primary motiva- States. It is designed to conduct a com- their retirement years. tions for individuals as they considered plete top-to-bottom evaluation of the Mr. President, the time to act is now. a job. current system and provide concrete I ask my colleagues to recognize the Recently, however, this rationale has recommendations as to how we can re- importance of this legislation, and lend changed, and has done so significantly. form it to serve the interests of em- their support for its passage. According to most analysts, the main ployers, employees, and the entire na- Mr. President, I ask unanimous con- determinant for most employees as tion as a whole. sent that a copy of the bill be included they choose a job is personal develop- This Commission will be composed of in the RECORD at the conclusion of my ment and professional growth, the feel- fifteen members, all with significant statement. I also ask that the letters ing being that economic security is experience in areas related to retire- of support from the American Academy best attained by mobility—moving ment income policy. It is mandated of Actuaries and the Association of from one job to another, increasing that the activities of the Commission Private Pension and Welfare Plans be education, pay, and retirement savings will be concluded in a little over two included in the RECORD immediately as you go. Staying at one firm is still years, with specific language to be pro- following my floor statement. an ideal for some but it is not essential vided to Congress so that we can act on There being no objection, the mate- for many. Perhaps more importantly, their recommendations immediately. rial was ordered to be printed in the given the dynamics of the New Econ- To ensure that the activities of the RECORD, as follows: omy, it may no longer be practical to Commission are not redundant or oth- S. 2922 assume that you can find retirement erwise wasteful, it will be allowed to Be it enacted by the Senate and House of Rep- security at a single firm. secure data from any government agen- resentatives of the United States of America in The bottom line, much as the recent cy or department dealing with retire- Congress assembled, debates over cash balance plans sug- ment policy, and furthermore, may re- SECTION 1. SHORT TITLE. gest, is that some very basic issues quest detailees from these agencies and This Act may be cited as the ‘‘Pension Re- concerning pension policy are coming departments on a non-reimburseable form and Simplification Commission Act’’. to the fore at this time, examples being basis. The Commission will also be al- SEC. 2. FINDINGS. the essence of the employer-employee lowed to hold hearings, take testi- Congress makes the following findings: relationship, the ability of companies (1) The creation and implementation of an mony, and receive evidence as appro- affordable, accessible, equitable, efficient, to attract and maintain a skilled work- priate from individuals who are able to cost-effective, and easy to understand sys- force, the benefits provided to short- contribute to this reform effort. tem is essential to the continuity and viabil- and long-term employees, the advis- This bill has been created after de- ity of the current private pension plan sys- ability of worker mobility seen in the tailed discussions with a number of in- tem in the United States.

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00074 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.002 S26JY0 July 26, 2000 CONGRESSIONAL RECORD—SENATE 16357 (2) There is a near universal recognition in plification Commission (in this Act referred (B) expanding the availability, adoption, the United States that the laws that regu- to as the ‘‘Commission’’). and retention of tax-favored savings plans by late our pension system have become un- SEC. 4. DUTIES. all Americans; wieldy, complex, and burdensome, a condi- (a) IN GENERAL.—The Commission shall— (C) eliminating rules that burden the pen- tion that hinders the achievement of in- (1) study the strengths, weaknesses, and sion system beyond the benefits they pro- creased saving and economic growth and challenges involved in the regulation of the vide, for low and moderate income workers, cannot be fixed by ad hoc improvements to current private pension system; including minorities and women, with spe- ERISA and the Internal Revenue Code of (2) review and assess Federal statutes re- cific emphasis on— 1986. lating to the regulation of the current pri- (i) eligibility and coverage; (3) Significant and effective improvement vate pension system; and (ii) contributions and benefits; of laws can only be accomplished through a (3) recommend changes in the law regard- (iii) minimum distributions, withdrawals, coordinated, comprehensive, and sustained ing the regulation of the current private pen- and loans; effort to revise and simplify current laws by sion system to mitigate the problems identi- (iv) spousal and beneficiary benefits; a high-level body of pension experts, whose fied under subsection (b), with the goal of (v) portability between plans; recommendations are then transmitted to making the system more affordable, acces- (vi) asset recapture; Congress. sible, efficient, less costly, less complex, and, (vii) plan compliance and termination; (4) In recent years, the adoption of nar- in general, to expand pension coverage. (viii) income and excise taxation; and rowly focused and increasingly complex stat- (b) ISSUES TO BE STUDIED.—The Commis- (ix) reporting, disclosure, and penalties; utes through amendment of the Employee sion shall include in the study under sub- and Retirement Income Security Act of 1974 (in section (a) a consideration of— (D) identification of the trade-offs involved this Act referred to as ‘‘ERISA’’) and the In- (1) the manner in which the current rules in simplification under subparagraph (C). ternal Revenue Code of 1986 has impeded the impact private pension coverage, how such (c) REPORT.— efforts of employers and employees to save coverage has changed over the last 25 years (1) IN GENERAL.—Not later than 24 months for their retirement and imposed significant (since the enactment of ERISA), and reasons after the designation of the chairperson challenges for businesses which consider es- for such change; under section 5(d), the Commission shall tablishing pension plans for their workforce. (2) the primary burdens placed on small transmit to the President and Congress a re- (5) A high national savings rate can con- and medium business in the United States port containing— tribute significantly to the economic secu- regarding administration of pension plans, (A) the issues studied under subsection (b); rity of the Nation as it adds to available in- especially how such burdens affect the ten- (B) the results of such study; vestment capital, fuels economic growth, uous position occupied by these organiza- (C) draft legislation and commentary and enhances productivity, competitiveness, tions in the competitive market; under paragraph (2); and and prosperity. (3) the simplification of existing pension (D) any other recommendations based on (6) The Federal Government can poten- rules in order to eliminate undue costs on such study. employers while providing retirement secu- tially increase the national savings rate (2) LEGISLATIVE RECOMMENDATIONS.—The rity protection to employees; through the implementation of policies that Commission shall develop draft legislation (4) the primary obstacles to employees in create an effective framework for the spread and associated explanations and com- gaining optimum advantages from the cur- of voluntary retirement plans and the pro- mentary to achieve major simplification of rent pension system, with particular atten- tection of the private assets held in those Federal legislation regarding regulation of tion to the small and medium business sec- plans. pension plans (including ERISA and the In- tor and low and moderate income employees, (7) Private pension plans have been, and ternal Revenue Code of 1986) to implement including minorities and women; remain, the single largest repository of pri- any findings or recommendations of the (5) the feasibility of providing innovative vate capital in the world and potentially act study conducted under subsection (b). design options to enable small and medium (3) RECOMMENDATIONS.—Any official find- as a significant inducement for personal sav- businesses to be relieved of complex and ings or recommendations of the Commission ing and investment. costly legislative and regulatory burdens in 2 (8) Pensions represent the only hope that matters of adoption, operation, administra- shall be adopted by ⁄3 of the members of the most working Americans have an adequate tion, and reporting of pension plans, in order Commission. supplement to social security benefits, and to increase affordable and effective coverage (4) MINORITY VIEWS.—All findings and rec- while the private pension system has been in that sector, for low and moderate income ommendations of the Commission formally greatly improved since the establishment of employees, with emphasis on minorities and proposed by any member of the Commission ERISA, many inequities remain, and many women; and not adopted under paragraph (3) shall workers are still not covered by the system. (6) the means of leveling distribution of also be included in the report. (9) It is essential that all Americans, no private pension plan coverage between high SEC. 5. MEMBERSHIP OF THE COMMISSION; matter what their income security level, wage earners and low and moderate income RULES; POWERS. have the opportunity to achieve income se- workers; (a) COMPOSITION.— curity in their retirement years. Currently, (7) the feasibility of forward-looking re- (1) NUMBER.—The Commission shall be many tax and retirement incentives for pri- forms that anticipate the needs of small and composed of 15 members, appointed not later vate pension plans, while benefiting higher medium businesses in the United States than 45 days after the date of enactment of income employees who can often save ade- given the obstacles and opportunities of the this Act. quately for their retirement, do not serve new global economy, in particular issues re- (2) APPOINTMENTS.—The membership of the sufficiently the needs of low and moderate lated to the mobility and retention of skilled Commission shall be as follows: income workers. workers; (A) 3 individuals appointed by the Presi- (10) The current pensions rules have tended (8) how pension plan benefits can be made dent, after consultation with the Secretary to produce disparate coverage rates for low more portable; of Labor and the Secretary of the Treasury, and moderate income workers. (9) the means of achieving the expansion or their respective designees. (11) The failure of the Government to mod- and adoption of pension plans by United (B) 3 individuals appointed by the majority ify current pension policies will mean that States businesses, especially those employ- leader of the Senate. many workers will be deprived of the options ing low and moderate income workers who (C) 3 individuals appointed by the minority needed to save for their retirement and will, currently lack access to such plans; leader of the Senate. consequently, have their retirement expecta- (10) the impact of expanding individual re- (D) 3 individuals appointed by the Speaker tions minimized or eliminated. tirement account contribution limits and in- of the House of Representatives. (12) The failure of the Government to re- come limits on private pension plan cov- (E) 3 individuals appointed by the minority dress the burdens imposed by over-regulation erage; leader of the House of Representatives. and complexity on employer-sponsored pen- (11) the provision of innovative incentives (b) QUALIFICATIONS OF MEMBERS.— sion plans will harm employees and their that encourage more employers to use exist- (1) IN GENERAL.—Individuals appointed families. ing private pension plans; under subsection (a)(2) shall be individuals (13) The failure of the Government to re- (12) the impact of qualified plan contribu- who— dress the problems related to private pension tion and benefit limits on coverage; and (A) have experience in actuarial dis- plans may erode the ability of United States (13) any proposals for major simplification ciplines, law, economics, public policy, companies to compete effectively in the of Federal legislation and regulation regard- human relations, business, manufacturing, international market and result in a de- ing qualified pension plans, in order to ad- labor, multiemployer pension plan adminis- crease in the economic health of the Nation. dress and mitigate problem areas identified tration, single employer pension plan admin- SEC. 3. ESTABLISHMENT OF COMMISSION. under this subsection, with the goal of— istration, or academia, or have other distinc- There is established a commission to be (A) strengthening the private pension sys- tive and pertinent qualifications or experi- known as the Pension Reform and Sim- tem; ence in retirement policy;

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00075 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.002 S26JY0 16358 CONGRESSIONAL RECORD—SENATE July 26, 2000

(B) are not officers or employees of the (ii) the Department of the Treasury; AMERICAN ACADEMY OF ACTUARIES, United States; and (iii) the Social Security Administration; July 13, 2000. (C) are selected without regard to political (iv) the Small Business Administration; Hon. JEFF BINGAMAN, affiliation or past partisan activity. (v) the Pension Benefit Guaranty Corpora- U.S. Senate, Washington, DC. (2) OTHER CONSIDERATIONS.—In the appoint- tion; DEAR SENATOR BINGAMAN: The American ment of members under subsection (a), every (vi) the National Institute on Aging; and Academy of Actuaries would like to express effort shall be made to ensure that the indi- (vii) private organizations which have con- its strong support for your idea of estab- viduals, as a group— ducted research in the pension area. lishing a national commission on pension re- (A) are representatives of a broad cross- (2) MAILS.—The Commission may use the form and simplification. The Academy has section of perspectives on private pension United States mails in the same manner and long advocated a comprehensive and coordi- plans within the United States; under the same conditions as any other Fed- nated approach to retirement policy. We be- (B) have the capacity to provide signifi- eral agency. lieve the establishment of a bipartisan com- cant analytical insight into existing obsta- (3) ACCEPTANCE OF SERVICES; GIFTS; AND mission of experts to analyze obstacles that cles and opportunities of private pension GRANTS.—The Commission may accept, use, weaken our private pension system and rec- plans; and and dispose of gifts or grants of services or ommend solutions is a positive first step. (C) represent all of the areas of experience property, both real and personal, for pur- The Academy also believes that slight modi- under paragraph (1)(A). poses of aiding or facilitating the work of fications to your proposal would make the (c) TERMS; VACANCIES.— the Commission. Gifts or grants not used at commission more effective. (1) TERMS.—Each member shall be ap- the expiration of the Commission shall be re- The Academy commends you for recog- pointed for the life of the Commission. turned to the donor or grantor. nizing that, because the laws that regulate our private pension system have become too (2) VACANCIES.—Any vacancy in the Com- (4) CONTRACT AND PROCUREMENT AUTHOR- complex, they discourage employers from mission shall not affect its powers and shall ITY.—The Commission may make purchases, be filled in the same manner as the appoint- and may contract with and compensate gov- helping their workers save for an adequate ment of the member causing the vacancy. ernment and private agencies or persons for retirement. We strongly support the concept of a bipartisan commission of experts that (d) CHAIRPERSON; VICE CHAIRPERSON.—Not property or services, without regard to— will recommend specific ways to simplify the later than 60 days after the date of enact- (A) section 3709 of the Revised Statutes (41 rules governing private plans, thereby en- ment of this Act, the President shall des- U.S.C. 5); and couraging employers to expand coverage to ignate a chairperson and vice chairperson of (B) title III of the Federal Property and more workers. the Commission from the individuals ap- Administrative Services Act of 1949 (41 The Academy believes that the commis- pointed under subsection (a)(2). U.S.C. 251 et seq.). sion called for in your proposal could be (e) COMPENSATION.— (5) VOLUNTEER SERVICES.—Notwithstanding made more effective if Congress was required (1) PROHIBITION OF PAY.—Except as pro- section 1342 of title 31, United States Code, to have an up-or-down vote on its rec- vided in subparagraph (B), members of the the Commission may accept and use vol- ommendations. Furthermore, we believe Commission shall serve without pay. untary and uncompensated services as the that, given the expertise available to the (2) TRAVEL EXPENSES.—Each member of the Commission determines necessary. commission, it should be possible to formu- Commission may receive travel expenses, in- SEC. 6. STAFF AND SUPPORT SERVICES. late a result in 12–18 months, rather than the cluding per diem in lieu of subsistence, in ac- 24 months specified in your legislation. Fi- cordance with sections 5702 and 5703 of title (a) EXECUTIVE DIRECTOR; STAFF.— nally, we would encourage the commission 5, United States Code, while away from their (1) IN GENERAL.—The chairperson of the to examine pension changes in the context of homes or regular place of business in the per- Commission may, without regard to civil a national retirement income policy, includ- formance of services for the Commission. service laws and regulations and after con- ing Social Security, since major changes to (f) RULES OF THE COMMISSION.— sultation with the Commission, appoint an the private pension system undoubtedly will (1) QUORUM.—Eight members of the Com- executive director of the Commission and affect Social Security. mission shall constitute a quorum for con- such other additional personnel as may be The Academy believes that creation of a ducting the business of the Commission, ex- necessary to enable the Commission to per- national commission will be a positive first cept 5 members of the Commission may hold form its duties. step toward our mutual goal of increasing hearings, take testimony, or receive evi- (2) COMPENSATION.—The chairperson of the pension coverage for Americans. We appre- dence. Commission may fix the compensation of the ciate your recognition of the unique role (2) NOTICE.—Any meetings held by the executive director and other personnel with- that actuaries should play in such a commis- Commission shall be duly noticed in the Fed- out regard to the provisions of chapter 51 and sion and look forward to providing any as- eral Register at least 14 days prior to such subchapter III of chapter 53 of title 5, United sistance that may be of benefit to you and meeting and shall be open to the public. States Code, relating to classification of po- your staff. (3) OPPORTUNITIES TO TESTIFY.—The Com- sitions and General Schedule pay rates, ex- Sincerely, mission shall provide opportunities for rep- cept that the rate of pay for the executive di- JAMES E. TURPIN, resentatives of the general public, taxpayer rector and other personnel may not exceed Vice President, Pensions. groups, consumer groups, think tanks, and the rate payable for level IV of the Executive State and local government officials to tes- Schedule under section 5315 of such title. APPWP, ASSOCIATION OF PRIVATE tify. (b) STAFF OF FEDERAL AGENCIES.—Upon re- PENSION AND WELFARE PLANS, (4) MEETINGS.—The Commission shall meet quest by the chairperson of the Commission, July 18, 2000. at the call of the chairperson of the Commis- the head of any Federal department or agen- Pension Reform and Simplification Commis- sion. cy may detail, on a nonreimbursable basis, sion Act (5) OTHER RULES.—The Commission shall any of the personnel of the department or Senator JEFF BINGAMAN, adopt such other rules as necessary. agency to the Commission to assist the Com- U.S. Senate, Washington, DC. (g) POWERS OF THE COMMISSION.— DEAR SENATOR BINGAMAN: On behalf of the mission to carry out its duties under this (1) INFORMATION FROM FEDERAL AGENCIES.— Association of Private Pension and Welfare Act and such detail shall be without inter- (A) IN GENERAL.—The Commission may se- Plans (APPWP—The Benefits Association), I ruption or loss of civil service status or cure directly from any Federal department want to express our appreciation for your in- privilege. or agency such materials, resources, data, terest in, and support for, our nation’s vol- and other information as the Commission (c) ADMINISTRATIVE SUPPORT SERVICES.— untary, employer-sponsored retirement sys- considers necessary to carry out the provi- The Administrator of General Services shall tem as evidenced by the Pension Reform and sions of this section. Upon request of the provide to the Commission, on a reimburs- Simplification Commission Act that you will chairperson of the Commission, the head of able basis, any administrative support serv- soon introduce. APPWP is a public policy or- such department or agency shall furnish ices that are necessary to enable the Com- ganization representing principally Fortune such materials, resources, data, and other in- mission to carry out this Act. 500 companies and other organizations that formation to the Commission. assist companies of all sizes in providing SEC. 7. TERMINATION. (B) COORDINATION OF RESEARCH INFORMA- benefits to employees. Collectively, TION.—The Commission shall ensure effective The Commission shall terminate not later APPWP’s members either sponsor directly or use of such materials, resources, data, and than 26 months after the date of enactment provide services to retirement and health other information and avoid duplicative re- of this Act. plans that cover more than 100 million search by coordinating and consulting with Americans. We appreciate your past and con- SEC. 8. AUTHORIZATION OF APPROPRIATIONS. the head of the appropriate research depart- tinuing efforts to expand the private, vol- ment of— There are authorized to be appropriated untary retirement system that currently en- (i) the Pension and Welfare Benefits Ad- such sums as may be necessary to carry out ables millions of working Americans to ministration of the Department of Labor; the provisions of this Act. achieve financial security in retirement.

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00076 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.002 S26JY0 July 26, 2000 CONGRESSIONAL RECORD—SENATE 16359 As you know, the employer-based retire- It is a national scandal that lack of bill. We needed 60 votes, so it was not ment system provides an important source of insurance coverage is the seventh lead- successful then, but we clearly have a income security for many Americans in re- ing—and most preventable—cause of bipartisan majority of the Senate. tirement, and, in many respects, has been death in America today. successful in meeting the challenges of an The bottom line is that we have the aging population. However, we recognize Three years ago, we worked together resources to take this needed step, and that public policy can build and expand on to create CHIP, the federal-state Chil- end the suffering and uncertainty that this success. Many employers, particularly dren’s Health Insurance Program, accompanies being uninsured. small companies, find it difficult to establish which provides coverage to children in Mr. President, I ask unanimous con- retirement plans because of cost and admin- families with incomes too high for sent that statements and letters of istrative complexity. As a result, many Medicaid and too low to afford private support for this legislation be printed workers do not have access to private pen- health insurance. in the RECORD. sions and cannot save adequately for retire- More than two million children have ment. Moreover, our pension laws have not There being no objection, the mate- kept pace with the rapid developments in the been enrolled in that program, and mil- rial was ordered to be printed in the business world. New technologies, inter- lions more have signed up for Medicaid RECORD, as follows: as a result of outreach activities. Soon, national competition, and many types of cor- STATEMENT OF PATRICIA QUEZADA, JULY 21, 2000 porate transactions pose unique pension more than three-quarters of all unin- challenges that should be better accommo- sured children in the nation will be eli- Good morning. I am Patricia Quezada. I am dated by our nation’s retirement policy. a mother of three girls (ages 9, 8 and 5). I gible for assistance through either work as a part-time parent liaison at APPWP has consistently campaigned for ex- CHIP or Medicaid. pansion and reform of the nation’s pension Weyanoke Elementary School in Fairfax, But, despite this progress, the par- Virginia. My husband is a self-employed gen- laws with the express goals of expanding cov- ents of these children, and too many erage, increasing portability, reducing com- eral contractor. Because my husband is self- plexity, and reflecting business realities. We others, have been left behind. The time employed and I work part-time, our family are therefore pleased that you have made has come to take the next step. does not have access to health insurance these goals the central objective of the com- The overwhelming majority of unin- through our jobs. mission you propose. sured low-wage parents are struggling In the past, we were able to purchase pri- In particular, APPWP commends you for to support their families. I will ask vate insurance that covered our family. But, in recent times, our family has been unable putting the focus of pension reform on ex- unanimous consent to insert a state- panding coverage. You correctly note that to afford the high rates because it came ment in the RECORD from Patricia down to either paying for our home, trans- our retirement system has become overly Quezada, a parent of three lovely girls, burdened with unwieldy and complex rules portation and other necessities—including that have impeded expanded coverage and in- who would benefit from this legisla- food—or purchasing this costly insurance. creased retirement security for all Ameri- tion. On two occasions, the coverage was cancelled cans. Your advocacy on behalf of the goals of Parents who work hard, 40 hours a because we were unable to meet the pay- coverage and simplification is an important week, 52 weeks a year, should be eligi- ments, which were required in advance. step towards realizing a more secure retire- ble for assistance to buy the health in- It was such a relief that my children are ment for all Americans. surance they need in order to protect now able to receive coverage through Med- We look forward to working with you on icaid and CMSIP, Virginia’s SCHIP Program. their families. Our message to them (As a parent-liaison, part of my job has been these important issues. If we can be of fur- today is that help is on the way. ther assistance, please do not hesitate to to help other families sign up their children contact us. Often, they work for companies for health insurance.) I feel extremely fortu- Sincerely, which don’t offer insurance, or they nate that my children are now covered in JAMES A. KLEIN, aren’t eligible for insurance that is of- case of an illness or accident, however I con- President. fered. Fewer than a quarter of the jobs tinue to fear what could happen if my hus- taken by those who have been forced band or I fall sick or have an injury. While By Mr. KENNEDY (for himself, off the welfare rolls by welfare reform we both do our best to take care of our Mr. ROCKEFELLER, Mr. health, we know how important it is to have offer insurance as a benefit—and even health insurance coverage if we should need DASCHLE, Mr. MOYNIHAN, Mr. L. when it is offered too few companies it. CHAFEE, Ms. COLLINS, Ms. make it available for dependents. The Thank you. SNOWE, Mr. BAUCUS, Mr. time has come to take the next step. BREAUX, Mr. CONRAD, Mr. The Family Care Act of 2000 will pro- CHILDREN’S DEFENSE FUND, GRAHAM, Mr. BRYAN, Mr. vide with the resources, incentives and Washington, DC, July 21, 2000. KERREY, Mr. ROBB, Mr. INOUYE, authority to extend Medicaid and CHIP Hon. EDWARD M. KENNEDY, Mr. LAUTENBERG, Mr. AKAKA, to the parents of children covered U.S. Senate, Washington, DC. Mr. SCHUMER, and Mr. LEAHY): under those programs. DEAR SENATOR KENNEDY: We are taking S. 2923. A bill to amend title XIX and Coverage for parents also means bet- this opportunity to thank you for intro- XXI of the Social Security Act to pro- ter coverage for children. Parents are ducing the FamilyCare Act of 2000 and to ex- vide for FamilyCare coverage for par- press the strong support of the Children’s much more likely to enroll their chil- Defense Fund for this bipartisan initiative to ents of enrolled children, and for other dren in health insurance, if the parents provide and strengthen health care coverage purposes; to the Committee on Fi- themselves can have coverage, too. for uninsured children and their parents. nance. This step alone will give to six and a Building on the successes of Medicaid and THE FAMILY CARE ACT OF 2000 half million Americans the coverage the Children’s Health Insurance Program Mr. KENNEDY. Mr. President, I am they need and deserve. (CHIP), this legislation will increase cov- pleased to announce the introduction The Family Care Act will also im- erage for uninsured children, provide funding of the Family Care Act of 2000, which prove the outreach and enrollment for for health insurance coverage for the unin- sured parents of Medicaid and CHIP-eligible takes the next logical step in assuring CHIP and Medicaid, and encourage children, and simplify the enrollment proc- access by as many citizens as possible states to extend coverage to other vul- ess for Medicaid and CHIP to make the pro- to affordable health insurance. I com- nerable population, such as pregnant grams more family friendly. mend Congressman JOHN DINGELL and women, legal immigrants, and children We want to extent our appreciation to Sen- the rest of our colleagues for their fine ages 19 and 20. ators Chafee, Collins, Daschle, Lautenberg, work in crafting this legislation. This program is affordable under cur- Rockefeller, and Snowe for co-sponsoring The number of uninsured Americans rent and projected budget surpluses. this legislation in the Senate and to Rep- is now more than 44 million, and the The Congressional Budget Office esti- resentatives Dingell, Stark, and Waxman for figure is rising by an average of one mates that the cost will be $11 billion taking the lead on this proposal in the House. We look forward to working with you million a year. America is the only in- over the next five years. for passage of the FamilyCare Act of 2000. dustrial country in the world, except Last Monday, a majority of the Sen- Sincerely, South Africa, that fails to guarantee ate voted in favor of this proposal as an GREGG HAIFLEY, health care for all it citizens. amendment to the marriage penalty Deputy Director Health Division.

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00077 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.002 S26JY0 16360 CONGRESSIONAL RECORD—SENATE July 26, 2000

NATIONAL ASSOCIATION OF Dimes strongly supports giving states the express ADHA’s support for the principles es- CHILDREN’S HOSPITALS, option to cover low-income pregnant women poused in the Family Care Act of 2000. This Alexandria, VA, July 21, 2000. in Medicaid and SCHIP programs with an en- legislation is an important step toward the Hon. EDWARD KENNEDY, hanced matching rate. We understand that goal of meaningful health insurance cov- U.S. Senate, FamilyCare would allow states to cover un- erage, including oral health insurance cov- Washington, DC. insured parents of children enrolled in Med- erage, for all children and their parents. DEAR SENATOR KENNEDY: On behalf of the icaid and SCHIP as well as uninsured first- Regretfully, there is room for much im- National Association of Children’s Hospital time pregnant women. SCHIP is the only provement in our children’s oral health, a (N.A.C.H.), which represents over 100 chil- major federally-funded program that denies fundamental part of total health. Studies dren’s hospitals nationwide, I want to ex- coverage to pregnant women while providing show that oral disease currently afflicts the press our strong support for your introduc- coverage to their infants and children. We majority of children in our country. Dental tion of the ‘‘FamilyCare Act of 2000.’’ know prenatal care improves birth out- caries (tooth decay), gingivitis, and As providers of care to all children, regard- comes. Expanding health insurance coverage periodontitis (gum and bone disorders) are less of their economic status, children’s hos- for low-income pregnant women has bipar- the most common oral diseases. The Public pitals devote nearly half of their patient care tisan support in both the House and Senate. Health Service reports that 50% of all chil- to children who rely on Medicaid or are unin- The March of Dimes also supports dren in the United States experience dental sured, and more than three-fourths of their FamilyCare provisions to require automatic caries in their permanent teeth and two- patient-care to children with chronic and enrollment of children born to SCHIP par- thirds experience gingivitis. congenital conditions. These hospitals have ents; automatic screening of every child who The percentages of children with dental extensive experience in assisting families to loses coverage under Medicaid or SCHIP to disease are likely far higher for the tradi- enroll eligible children in Medicaid and determine eligibility for other health pro- tionally underserved Medicaid-eligible popu- SCHIP. They are keenly aware of the impor- grams; and distribution of information on lation and for those eligible for the State Children’s Health Insurance Program tance of addressing the challenges that the availability of Medicaid and SCHIP (SCHIP). For example, one of the most se- states face in enrolling this often hard to through the school lunch program. The vere forms of gum disease—localized juvenile reach population of eligible children. March of Dimes also supports giving states periodontitis—disproportionately affects In particular, N.A.C.H. appreciates and the option to provide Medicaid and SCHIP teenage African-American males and can re- strongly supports your efforts to simplify benefits to children and pregnant women sult in the loss of all teeth before adulthood. and coordinate the application process for who arrived legally to the United States If untreated, gum disease causes pain, bleed- SCHIP and Medicaid, as well as to provide after August 23, 1996, and to people ages 19 ing, loss of function, diminished appearance, new tools for states to use in identifying and and 20. enrolling families. In addition, N.A.C.H. ap- We thank you for your leadership in intro- possible systemic infections, bone deteriora- plauds your provisions that set a higher bar ducing the ‘‘FamilyCare Act of 2000’’ and are tion and eventual loss of teeth. Yet, each of for covering children by: (1) requiring states eager to work with you to achieve approval the three most common oral health dis- to first cover children up to 200% of poverty of this much needed legislation. orders—dental caries, gingivitis, and and eliminating waiting lists in the SCHIP Sincerely, periodontitis—can be prevented through the type of regular preventive care provided by program before covering parents; and (2) re- ANNA ELEANOR ROOSEVELT, quiring every child who loses coverage under Vice Chair, Board of dental hygienists. Despite the known benefits of preventive Medicaid or SCHIP to be automatically Trustees; Chair, oral health services and the inclusion of oral screened for other avenues of eligibility and Public Affairs Com- health benefits in Medicaid’s Early and Peri- if found eligible, enrolled immediately in mittee. odic Screening, Diagnosis and Treatment that program. DR. JENNIFER L. HOWSE, (EPSDT) program, only one in 5 (4.2 million N.A.C.H. also supports your legislation’s Presdient. out of 21.2 million) Medicaid-eligible chil- provision to give states additional flexibility dren actually received preventive oral health under SCHIP and Medicaid to cover legal im- ASSOCIATION OF MATERNAL AND services in 1993 according to a 1996 U.S. De- migrant children. In states with high propor- CHILD HEALTH PROGRAMS, partment of Health and Human Services re- tions of uninsured children, such as Cali- Washington, DC, July 20, 2000. port entitled Children’s Dental Services fornia, Texas and Florida, the federal gov- Hon. EDWARD KENNEDY, Under Medicaid: Access and Utilization. ernment’s bar on coverage of legal immi- U.S. Senate, Washington, DC. The nation simply must improve access to grant children helps contribute to the fact DEAR SENATOR KENNEDY: On behalf of the oral health services and your legislation is that Hispanic children represent the highest Association of Maternal and Child Health an important building block for all who care rate of uninsured children of all major racial Programs (AMCHP), I am writing to express about our children’s oral health, a funda- and ethnic minority groups. Your provision our support of the FamilyCare Act of 2000. mental part of general health and well-being. to ensure coverage of legal immigrant chil- We are particularly supportive of the provi- We in the dental hygiene community look dren would be extremely useful in improving sions that allow states to include pregnant forward to working together toward our this situation. women in their SCHIP and Medicaid pro- shared goal of health insurance coverage for N.A.C.H. greatly appreciates all that you grams. all of our nation’s families. Please feel free have done throughout your years of service, We are also pleased with the provisions to call upon me or ADHA’s Washington and continue to do, to provide all children giving states the flexibility to expand out- Counsel, Karen Sealander of McDermott, with the best possible chance at starting out reach activities as well as moving towards Will & Emery (202–756–8024), at any time. and staying healthy. We welcome and look greater equity in program payments. Sincerely, forward to working with you to pass the AMCHP represents state officials in 59 STANLEY B. PECK, ‘‘FamilyCare Act of 2000.’’ states and territories who administer public Executive Director. Sincerely, health programs aimed at improving the LAWRENCE A. MCANDREWS. health of all women, children, and adoles- PREMIER INC., cents. In 1997, over 22 million women, chil- Washington, DC, July 21, 2000. MARCH OF DIMES, dren, adolescents and children with special Hon. EDWARD M. KENNEDY, BIRTH DEFECTS FOUNDATION, health care needs received services, which U.S. Senate, Washington, DC, July 21, 2000. were supported by the Maternal and Child Washington, D.C. Hon. EDWARD KENNEDY, Health Block Grant. DEAR SENATOR KENNEDY: On behalf of Pre- U.S. Senate, Washington, DC. We look forward to working with you and mier Inc., I am writing to applaud your in- DEAR SENATOR KENNEDY: On behalf of more your staff on this bill. troduction of the ‘‘FamilyCare Act of 2000’’ than 3 million volunteers and 1600 staff mem- Sincerely, and express our strong support. Premier is a bers of the March of Dimes, I want to com- DEBORAH DIETRICH, strategic alliance of leading not-for-profit mend you for introducing the ‘‘FamilyCare Director of Legislative Affairs. hospitals and health systems across the na- Act of 2000.’’ The March of Dimes is com- tion. Premier provides group purchasing and mitted to increasing access to appropriate AMERICAN DENTAL other services for more than 1,800 hospitals and affordable health care for women, in- HYGIENIST ASSOCIATION, and healthcare facilities. fants and children and supports the targeted Washington, DC, July 24, 2000. As reported by the Urban Institute in the approach to expanding the State Children’s Hon. EDWARD M. KENNEDY, July/August issue of Health Affairs, the pop- Health Insurance Program contained in the Hon. JAY ROCKEFELLER, ulation of non-elderly uninsured grew by 4.2 FamilyCare proposal. U.S. Senate, Washington, DC. million between 1994 and 1998. This hike in The ‘‘FamilyCare Act of 2000’’ contains a DEAR SENATORS KENNEDY AND ROCKE- the rate of uninsured occurred among chil- number of beneficial provisions that would FELLER: on behalf of the American Dental dren and adults. In the same period, Med- expand and improve SCHIP. The March of Hygienists’ Association (ADHA), I write to icaid coverage fell from 10 to 8.4 percent, or

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00078 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.002 S26JY0 July 26, 2000 CONGRESSIONAL RECORD—SENATE 16361

about 3.1 million persons (1.9 million chil- AMERICAN HOSPITAL ASSOCIATION, ous flaws inherent in the present situation. dren and 1.2 million adults). Your legislation Washington, DC, July 21, 2000. The Family Care Act of 2000 is one of those confronts and seeks to address these dis- Hon. EDWARD M. KENNEDY, efforts. NETWORK urges Congress to pass turbing trends head on. Ranking Member, Committee on Health, Edu- the proposal. The FamilyCare Act of 2000 not only ex- cation, Labor, and Pensions, U.S. Senate, The goal of the bill is to build on existing pands coverage to children—it also enables Washington, D.C. legislation in order to enroll more uninsured states to provide health insurance to parents DEAR SENATOR KENNEDY: The American children and their working parents in Med- of children enrolled in CHIP and Medicaid. Hospital Association (AHA), which rep- icaid or CHIP. The bill requires that states The bill creates new opportunities for states resents, 5,000 hospitals, health care systems, first cover children up to 200% of poverty be- to cover immigrant children and pregnant networks, and other providers of care, is fore they enroll parents. This will serve to women, and provides for the automatic cov- pleased to support the FamilyCare Act of increase coverage of previously eligible but erage of children born to CHIP-enrolled par- 2000. The AHA shares your goal of expanding uninsured children by eliminating the CHIP ents, thereby enhancing presumptive eligi- access to health care coverage for the 44 mil- waiting lists. It is estimated that over 4 mil- bility. lion uninsured Americans. We believe the lion previously uninsured children will be This legislation provides for the mutual re- federal budget surplus offers a unique oppor- enrolled. inforcement of the Medicaid and CHIP pro- tunity to fund solutions to the health care The proposal targets $50 billion in new grams by integrating eligibility determina- problems of the uninsured. money to enable the states to enroll the par- tion and outreach efforts. A standard appli- Recent Medicaid expansions and the cre- ents of children already covered by Medicaid cation form and simple enrollment process ation of the State Children’s Health Insur- and CHIP. This would reduce the number of for both programs will raise the participa- ance Program (S–CHIP) have greatly im- uninsured parents by an estimated 6.5 mil- tion rate for both programs. Finally, the bill proved access to health care coverage for lion, one out of seven of the nation’s unin- provides grants to support broader outreach millions of children living in low-income sured. Most of these uninsured families have activities and employer subsidies to offer families. But more needs to be done. AHA at least one member who works. health insurance packages, thereby encour- strongly supports the objective of your legis- In addition, the bill proposes another $100 aging joint public/private market innova- lation that embraces, as one option to ad- million per year for five years to encourage tions to reduce the population of uninsured. dress the problems of the uninsured, building the states to develop innovative approaches Stifling the growth in the rate of unin- on existing public programs to expand cov- to expanding coverage, tailoring their solu- sured and reversing the trend remain a top erage to the parents of the children covered tions to market needs. Much needed is the priority for the hospital community. Secur- by S–CHIP. proposed extension of The Transitional Med- ing the appropriate preventative care for Furthermore, your provisions that include icaid Assistance program. Some of the re- these individuals will improve the quality coverage for legal immigrants, improve Med- quirements which jeopardize access to health and cost-effectiveness of further care, as the icaid coverage for those transitioning from care by persons moving from welfare to low- uninsured are more likely to be hospitalized welfare-to-work, and create state grant pro- wage, non-benefit jobs will be removed. First for medical conditions that, initially, could grams to encourage market innovation in time pregnant women will receive prenatal have been managed with physician care and/ health care insurance are to be applauded. care under the CHIP program and grants will or medication. AHA believes these are good first steps to- enable states to develop innovative coverage Thank you for taking the lead in address- ward lowering the numbers of the uninsured. mechanisms. ing the problem of America’s uninsured. We In addition to expanding public programs, All in all, the Family Care Act of 2000 as look forward to working with you toward en- AHA supports measures that make health drafted seeks to rectify to a marked degree actment of this important legislation. care insurance more affordable for low-in- the serious problem of lack of health care Sincerely, come working families. Toward that end, coverage for the most vulnerable in our soci- KERB KUHN, AHA also support H.R. 4113, bipartisan legis- ety, low-wage working families and their Vice President, Advocacy. lation establishing refundable tax credits to children. assist low-income families in the purchase of KATHY THORNTON RSM, FAMILIES USA, health care insurance. National Coordinator. Washington, DC, July 17, 2000. Our nation’s hospitals see every day that CATHERINE PINKERTON, Hon. EDWARD M. KENNEDY, the absence of health coverage is a signifi- CSJ Lobbyist. U.S. Senate, cant barrier to care, reducing the likelihood Mr. ROCKEFELLER. Mr. President, that people will get appropriate preventive, Washington, DC. over the last several years health care DEAR SENATOR KENNEDY: We congratulate diagnostic and chronic care. With the unin- sured growing in numbers, AHA supports reform has dropped off our national you on the introduction of your bill, the and Congressional agenda. We talk Family Care Act of 2000, which gives states your effort to build on current public pro- the option to provide parents of children en- grams as an important option to make it about it primarily to posture politi- rolled in the Medicaid and CHIP programs possible for more low-income families to get cally, not because we are determined to with health insurance. We believe that your needed health care coverage. We thank you actually succeed in extending cov- bill is a crucial next step in addressing the for your leadership and we look forward to erage. Too often, the goal seems to be problem of our nation’s uninsured, and we working with you on advancing the to simply create a campaign issue and FamilyCare Act of 2000. offer our unequivocal support. make voters believe we are working to By covering parents through CHIP, the Sincerely, RICK POLLACK, solve the problem, when in reality no Family Care Act could provide health insur- progress is being made. ance to over four million previously unin- Executive Vice President. sured Americans. We believe this is a cost-ef- This year, we have seen a lot of talk- fective and efficient way to provide quality NETWORK, ing on health care, but it’s clear that healthcare to low- and moderate-income Washington, DC, July 2000. Congress’ priorities lie elsewhere. Just working families. Children of CHIP-enrolled From NETWORK—A National Catholic So- this past week we passed a tax break parents will be automatically enrolled at cial Justice Lobby. that will affect only 1.7 percent of birth, but, equally importantly, research has Re: The Family Care Act of 2000. Americans, yet will cost us $50 billion shown that children are more likely to have HON. SENATOR TED KENNEDY: Since 1975, a year when fully phased in. In the health coverage when their parents are in- NETWORK: A National Catholic Social Jus- meantime, 40 million people, mostly of sured. This means that the Family Care Act tice Lobby has worked for universal access modest incomes, continue to live their could, in effect, cover many more Americans to affordable, quality health care. NET- than the estimated four million. Addition- WORK considers the constant increase in the lives with little hope of getting the ally, the expansion of coverage to legal im- number of uninsured persons a national dis- health coverage they need. migrant children and pregnant women ad- grace and a serious moral and ethical issue. The question that Congress needs to dresses the needs of two particularly vulner- Sadly, the political will to reform the na- answer: will we continue to sit back able groups. tion’s fragmented non-system of health care and simply watch as the problem of the Again, we applaud your ongoing leadership is seriously lacking in the current climate of uninsured grows worse? in tackling the problem of the uninsured, commercialization and profit-making. Along with Senator KENNEDY, and and we support this important legislation. Therefore, millions of American citizens are Congressmen DINGELL, STARK and WAX- Please let us know how we can help you to denied their human right to medical care. enact this bill into law. Given that as the context, NETWORK sup- MAN, I obviously have very clear an- Sincerely, ports the efforts of those legislators who rec- swers to this question. And today we RONALD F. POLLACK, ognize that the anticipated federal surplus are offering a commonsense, bipartisan Executive Director. should be utilized in part to rectify the seri- step that Congress can take this year

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00079 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.002 S26JY0 16362 CONGRESSIONAL RECORD—SENATE July 26, 2000 to improve the plight of working, unin- panding health coverage, and start act- keep up with the technology, and every sured families. ing. time a State adds another security fea- We know that the majority of those ture it has been easily duplicated. without health insurance are con- By Ms. COLLINS (for herself, Mr. Unfortunately, some web sites sell centrated in lower-income, working DURBIN, and Mrs. FEINSTEIN): fake IDs complete with State seals, families. The Medicaid and CHIP Fam- S. 2924. A bill to strengthen the en- holograms, and bar codes to replicate a ily Care Improvement Act would target forcement of Federal statutes relating license virtually indistinguishable our efforts to these families by allow- to false identification, and for other from the real thing. Thus, technology ing states to extend Medicaid and CHIP purposes; to the Committee on the Ju- now allows web site operators to copy to the parents of eligible children. This diciary. authentic IDs with an extraordinary is a sensible, affordable expansion that THE INTERNET FALSE IDENTIFICATION level of sophistication and then dis- will make a real and immediate dif- PREVENTION ACT OF 2000 tribute and mass produce these fraudu- ference for many American families. Ms. COLLINS. Mr. President, today, lent documents for their customers. In addition, FamilyCare would pro- along with my colleague from Illinois, The web sites investigated by my vide assistance to increase coverage for Senator DURBIN, and my colleague subcommittee offered a vast and varied workers in small businesses by pro- from California, Senator FEINSTEIN, I product line, ranging from the driver’s viding grant money for states to pur- am introducing legislation to stem the licenses that I already showed to mili- sue new and innovative approaches to proliferation of web sites that dis- tary identification cards to Federal expand health insurance coverage tribute counterfeit identification docu- agency credentials, including those of through small business. ments and credentials over the Inter- the FBI and the CIA. Our plan also gives states a number net. Other sites offered to produce Social of new tools to help improve outreach In May, the Senate Permanent Sub- Security cards, birth certificates, di- and enrollment in Medicaid and the committee on Investigations, which I plomas, and press credentials. In short, State Children’s Health Insurance Pro- chair, held hearings on a disturbing one can find almost any kind of identi- gram. new trend—the use of the Internet to fication document that one wants on FamilyCare would provide health in- manufacture and market counterfeit the Internet. surance coverage to millions of low-in- identification documents and creden- Testimony before my Subcommittee come working families for a fraction of tials. Our investigation revealed the demonstrated that the availability of false identification documents from the cost of the recently-passed tax widespread availability on the Internet the Internet is a growing problem. Spe- breaks that affect only a small number of a variety of fake ID documents or cial Agent David Myers, Identification of people. computer templates that allow individ- Eight years ago, the fight for uni- uals to manufacture authentic looking Fraud Coordinator of the State of Flor- ida’s Division of Alcoholic Beverages versal health care had a surge of en- IDs in the seclusion of their own and Tobacco, testified that two years ergy and there was a common purpose homes. ago only one percent of false identifica- among political leaders and the Amer- The Internet False Identification tion documents came from the Inter- ican people. Unfortunately, little Prevention Act of 2000 will strengthen net, last year a little less than five per- progress has been made since then. current law to prevent the distribution cent came from the Internet, and he es- While the number of uninsured has of false identification documents over timates that about 30 percent of the grown from 36 million in 1993 to 44 mil- the Internet and make it easier for false identification documents now lion in 1999, we have stood by as a na- Federal officials to prosecute this seized comes from the Internet. He pre- tion and simply watched. Over the next criminal activity. dicts that by next year his unit will The high quality of the counterfeit 3 years, about 30 percent of the popu- find at least 60 to 70 percent of the identification documents that can be lation, 81 million Americans, can ex- false identification documents they obtained via the Internet is simply as- pect a gap in their health insurance seize will come from the Internet. coverage lasting at least one month. It tounding. With very little difficulty, The General Accounting Office and is practically inconceivable—and mor- my staff was able to use Internet mate- the FBI have both confirmed the find- ally wrong—that we are allowing this rials to manufacture convincing IDs ings of the subcommittee’s investiga- to happen in such a strong economy, that would allow me to pass as a mem- tion of this dangerous new trend. The with an extremely competitive labor ber of our Armed Forces, as a reporter, GAO used counterfeit credentials and market. as a student at Boston University, or badges readily available for purchase It is time to end the failed experi- as a licensed driver in Florida, Michi- via the Internet to breach the security ment of trying to let the disease cure gan, and Wyoming—to name just a few at 19 Federal buildings and two com- itself. We need to accomplish the goal of the identities that I could assume, mercial airports. GAO’s success in of comprehensive reform in any way we using these phony IDs. We found it was doing so demonstrates that the Inter- can—even if it means continuing to very easy to manufacture IDs that net and computer technology allow work on incremental changes, as long were indistinguishable from the real nearly anyone to create convincing as we always keep our target squarely documents. identification cards and credentials. set on universal coverage. For example, using the Internet, my The FBI has also focused on the po- Today, we are giving Congress the staff created this counterfeit Con- tential of misuse of official identifica- opportunity to take a major step for- necticut driver’s license, which is vir- tion, and just last month executive ward in accomplishing this goal. With tually identical to an authentic license search warrants at the homes of sev- FamilyCare, we are simply taking a issued by the Connecticut Department eral individuals who had been selling program that is already working to re- of Motor Vehicles. Just like the real Federal law enforcement badges over duce the number of uninsured, and ex- Connecticut license, this fake with my the Internet. panding it to cover more people who we picture on it, includes a signature writ- Obviously, this is very serious. It al- know need the help. ten over the picture—which is supposed lows someone to use a law enforcement This approach makes so much sense to be a security feature. It includes an badge to gain access to secure areas that even the conservative Health In- adjacent ‘‘shadow picture,’’ and it in- and perhaps to commit harm. For ex- surance Association of America—the cludes the bar code and the State seal ample, the FBI is investigating a very organization that helped to defeat uni- for the State of Connecticut. disturbing incident where someone al- versal coverage—has offered its sup- Each of these sophisticated features legedly displayed phony FBI creden- port. In addition, our bill has four Re- was added to the license by the State tials to gain access to an individual’s publicans as original cosponsors. With of Connecticut in order to make it hotel room and then allegedly later this bipartisan bill we have a real op- more difficult to counterfeit. Yet the kidnaped and murdered that indi- portunity to stop talking about ex- Internet scam artists have been able to vidual.

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00080 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.002 S26JY0 July 26, 2000 CONGRESSIONAL RECORD—SENATE 16363 The Internet is a revolutionary tool and templates which our investigation cilitates. The Director of the U.S. Se- of commerce and communications that found are the vehicles of choice for cret Service testified at our hearing benefits us all, but many of the Inter- manufacturing false IDs in the Internet that the use of such fraudulent docu- net’s greatest attributes also further age. ments and credentials almost always its use for criminal purposes. While the Second, the legislation will make it accompanies the serious financial manufacture of false IDs by criminals easier to prosecute those criminals who crimes they investigate. Thus, my hope is certainly nothing new, the Internet manufacture, distribute, or sell coun- is that the legislation we are intro- allows those specializing in the sale of terfeit identification documents by ducing today will produce a stronger counterfeit IDs to reach a far broader ending the practices of easily remov- law that will help deter and prevent market of potential buyers than they able disclaimers as part of an attempt criminal activity, not only in the man- ever could by standing on the street to shield the illegal conduct from pros- ufacture of false IDs but in other areas corner in a shady part of town. They ecution through a bogus claim of nov- as well. can sell their products with virtual an- elty. onymity through the use of e-mail What we found is that a lot of these By Mr. THURMOND: S. 2925. A bill to amend the Public services and free web hosting services web sites have these disclaimers, in an Health Service Act to establish an Of- and by providing false information attempt to get around the law, saying fice of Men’s Health; to the Committee when registering their domain names. that these can only be used for enter- on Health, Education, Labor, and Pen- Similarly, the Internet allows crimi- tainment or novelty purposes. No sions. nals to obtain fake IDs in the privacy longer will it be acceptable to provide of their own homes, substantially di- computer templates of government- MEN’S HEALTH ACT OF 2000 Mr. THURMOND. Mr. President, I am minishing the risk of apprehension issued identification cards containing pleased to rise today to introduce the that attends purchasing counterfeit an easily removable layer saying it is Men’s Health Act of 2000. This legisla- documents on the street. not a government document. Because this is a relatively new phe- I will give an example. This is a driv- tion will establish an Office of Men’s nomenon, there are no good data on er’s license from Oklahoma. It is a fake Health within the Department of the size of the false ID industry or the ID which my staff obtained via the Health and Human Services to mon- growth it has experienced as a result of Internet. It is enclosed in a plastic itor, coordinate, and improve men’s the Internet, but the testimony at our pouch that says ‘‘Not a Government health in America. Mr. President, there is an ongoing, hearing indicates that the Internet is Document’’ in red print across it, but increasing and predominantly silent increasingly becoming the source of it was very easily removed. All one had crisis in the health and well-being of choice for criminals to obtain false to do, with a snip of the scissors, was men. Due to a lack of awareness, poor IDs. cut the pouch, and then the ID is easily The subcommittee’s investigation removed and the disclaimer is gone. health education, and culturally in- found that some web site operators ap- That is the kind of technique that a lot duced behavior patterns in their work parently have made hundreds of thou- of times these web site operators use to and personal lives, men’s health and sands of dollars through the sale of get around the letter of the law. Under well-being are deteriorating steadily. phony identification documents. One my bill, it will no longer be acceptable Heart disease, stroke, and various can- web site operator told a State law en- to sell a false identification document cers continue to be major areas of con- forcement official that he sold approxi- in this fashion. cern as we look to enhance the quality mately 1,000 fake IDs each month and Finally, my legislation seeks to en- and duration of men’s lives. Improved generated about $600,000 in annual courage more aggressive law enforce- education and preventive screening are sales. ment by dedicating investigative and imperative to meet this objective. Identify theft is a growing problem prosecutorial resources to this emerg- Mr. President, as a lifelong advocate that these Internet sites facilitate. ing problem. The bill establishes a of regular medical exams, daily exer- Fake IDs, however, also facilitate a multiagency task force that will con- cise and a balanced diet, I feel strongly broad array of criminal conduct. We centrate the investigative and prosecu- that an Office of Men’s Health should found that some Internet sites were torial resources of several agencies be established to help improve the used to obtain counterfeit identifica- with responsibility for enforcing laws overall health of America’s male popu- tion documents for the purpose of com- that criminalize the manufacture, sale, lation. This legislation is identical to a bill mitting other crimes, ranging from and distribution of counterfeit identi- introduced earlier this year in the very serious offenses, such as identify fication documents. House of Representatives. I invite my theft and bank fraud, ranging to the Our investigation established that colleagues to join me in supporting more common problem of teenagers Federal law enforcement officials have this measure. I ask unanimous consent using phony IDs to buy alcohol. not devoted the necessary resources that a copy of the bill appear in the The legislation which Senators DUR- and attention to this serious problem. CONGRESSIONAL RECORD immediately BIN, FEINSTEIN, and I are introducing by prosecuting the purveyors of false following my remarks. today is designed to address the prob- identification materials, I believe that There being no objection, the bill was lem of counterfeit IDs in several ways. ultimately we can reduce end-use ordered to be printed in the RECORD, as The central features of our legislation crime that often depends on the avail- follows: are provisions that modernize existing ability of counterfeit identification. S. 2925 law to address the widespread avail- For example, the convicted felon who testified at our hearings said that he Be it enacted by the Senate and House of Rep- ability of false identification docu- resentatives of the United States of America in ments on the Internet. would not have been able to commit Congress assembled, First, the legislation supplements bank fraud had he not been able to eas- SECTION 1. SHORT TITLE. current Federal law against false iden- ily and quickly obtain high-quality This Act may be cited as the ‘‘Men’s tification to modernize it for the Inter- fraudulent identification documents Health Act of 2000’’. net age. The primary law prohibiting via the Internet. I am confident that if SEC. 2. FINDINGS. the use and distribution of false identi- Federal law enforcement officials pros- Congress makes the following findings: fication documents was enacted in 1982. ecute the most blatant violation of the (1) There is a silent health crisis affecting Advances in computer technology and law, the false ID industry on the Inter- the health and well-being of America’s men. the use of the Internet have rendered (2) This health crisis is of particular con- net will wither in short order. cern to men, but is also a concern for that law inadequate. This bill will clar- By strengthening the law and by fo- women, and especially to those who have fa- ify that the current law prohibits the cusing our prosecutorial efforts, I be- thers, husbands, sons, and brothers. sale or distribution of false identifica- lieve we can curb the widespread avail- (3) Men’s health is likewise a concern for tion documents through computer files ability of false IDs that the Internet fa- employers who lose productive employees as

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00081 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.002 S26JY0 16364 CONGRESSIONAL RECORD—SENATE July 26, 2000 well as pay the costs of medical care, and is By Mr. BINGAMAN: My constituents found this to absurd. a concern to State government and society S. 2926. A bill a amend title II of the Why, they asked, should they have to which absorb the enormous costs of pre- Social Security Act to provide that an return a check for a relative that was mature death and disability, including the individual’s entitlement to any benefit alive, was accumulating expenses while costs of caring for dependents left behind. thereunder shall continue through the (4) The life expectancy gap between men she was alive, and deserved the money and women has steadily increased from 1 month of his or her death (without af- that was provided to her? Why, they year in 1920 to 7 years in 1990. fecting any other person’s entitlement asked, should they be required to pay (5) Almost twice as many men than women to benefits for that month) and that for the relative’s expenses when money die from heart disease, and 28.5 percent of all such individuals’ benefit shall be pay- should be available? Why should their men die as a result of stroke. able for such month only to the extent emotional suffering be made all the (6) In 1995, blood pressure of black males proportionate to the number of days in more distressful by the addition of fi- was 356 percent higher than that of white such month preceding the date of such nancial obligations not of their own males, and the death rate for stroke was 97 individual’s death; to the Committee making? percent higher for black males than for on Finance. white males. I think these are good questions, and THE SOCIAL SECURITY FAMILY RELIEF ACT (7) The incidence of stroke among men is 19 it is logical that Congress address them percent higher than for women. Mr. BINGAMAN. Mr. President, I rise directly and in a manner that solves (8) Significantly more men than women today to introduce the Social Security the problem at hand. From what I can are diagnosed with AIDS each year. Family Relief Act, which is legislation see, they are right. Individuals that (9) Fifty percent more men than women die designed to both revise current Social have worked over the years and have of cancer. Security law and assist families living paid into the Social Security Trust (10) Although the incidence of depression is in New Mexico and across the United Fund all that time, these folks have higher in women, the rate of life-threatening States. earned Social Security benefits and depression is higher in men, with men rep- For those of my colleagues who are should receive them in full for the pe- resenting 80 percent of all suicide cases, and not familiar with this issue, at present riod that they are alive. As such, So- with men 43 times more likely to be admit- the Social Security Administration ted to psychiatric hospitals than women. cial Security law should be written in pays benefits in advance, and, thus, a (11) Prostate cancer is the most frequently such a way that allows the surviving check an individual receives from So- diagnosed cancer in the United States among spouse or family member to use the men, accounting for 36 percent of all cancer cial Security Administration during the month is calculated and paid in an- final check to take care of the remain- cases. ing expenses, whether they be utilities, (12) An estimated 180,000 men will be newly ticipation that the individual will be diagnosed with prostate cancer this year alive the entire month in which a pay- or mortgages, or car payments, or alone, of which 37,000 will die. ment was received. health care, or whatever needs to be (13) Prostate cancer rates increase sharply However, if a person dies during that taken care of. with age, and more than 75 percent of such month, the payment must be reim- But although my constituents are cases are diagnosed in men age 65 and older. bursed in full to the Social Security sometimes critical of the Social Secu- (14) The incidence of prostate cancer and rity Administration on this issue, in the resulting mortality rate in African Administration. If a person dies on the 5th of the month, or the 15th of the fairness that agency did not create this American men is twice that in white men. problem, Congress did. We wrote the (15) Studies show that men are at least 25 month, or the 25th of the month, none percent less likely than women to visit a of this matters. If they die, they are no law, and the Social Security Adminis- doctor, and are significantly less likely to longer entitled to any benefits for that tration merely implements it. Any re- have regular physician check-ups and obtain month, period. Furthermore, if a sur- sponsibility for what is happening be- preventive screening tests for serious dis- viving spouse or family member uses a longs to us. We need to fix the law so eases. check received from the Social Secu- the Social Security Administration (16) Appropriate use of tests such as pros- rity Administration for that month in can do its job better. tate specific antigen (PSA) exams and blood It is my understanding that this pressure, blood sugar, and cholesterol which a family member had died, they must send it back—in full—to the So- issue has been discussed in the past by screens, in conjunction with clinical exams a number of Senators, but the revisions and self-testing, can result in the early de- cial Security Administration. tection of many problems and in increased Let me make this clear that this is have gone nowhere because some felt it survival rates. not just a problem in the abstract. In- would impose an administrative burden (17) Educating men, their families, and deed, the introduction of this bill is on the Social Security Administration. health care providers about the importance prompted by a very real experience I find this argument to be uncon- of early detection of male health problems faced by a family living in New Mexico. vincing as we clearly find a way to cal- can result in reducing rates of mortality for In this case, a constituent had a close culate complex equations that ulti- male-specific diseases, as well as improve the relative pass away on December 31, mately benefit that agency. There are health of America’s men and its overall eco- those that now argue that tracking nomic well-being. 1999. The last day of the month. Not (18) Recent scientific studies have shown knowing it ran contrary to Social Se- down appropriate beneficiaries would that regular medical exams, preventive curity law, the family used the rel- be difficult. But I find this to be quite screenings, regular exercise, and healthy eat- ative’s last Social Security check to unconvincing as well—after all, we do ing habits can help save lives. pay her final expenses. Only after these it already when someone dies. Surely (19) Establishing an Office of Men’s Health activities had occurred did they receive there is a way to make the changes is needed to investigate these findings and a letter from the Social Security Ad- necessary. Surely the technology and take such further actions as may be needed ministration stating that they would expertise already exists. Surely it is to promote men’s health. have to return the check. Not just par- time to stop making excuses and do SEC. 3. ESTABLISHMENT OF OFFICE MEN’S HEALTH. tial payment, but in full. No recogni- what is right for Americans and their Title XVII of the Public Health Service tion on the part of the Social Security families. Act (42 U.S.C. 300u et seq.) is amended by Administration that this person was The legislation I am introducing adding at the end the following section: alive for the entire month. No recogni- today is easy to understand. The legis- ‘‘OFFICE OF MEN’S HEALTH tion on the part of the Social Security lation says, quite simply, that an indi- ‘‘SEC. 1711. The Secretary shall establish Administration that this person had vidual’s entitlement to Social Security within the Department of Health and Human expenses that had to be paid for after benefits shall continue through the Services an office to be known as the Office they had died. No recognition on the month of his or her death, and after of Men’s Health, which shall be headed by a part of the Social Security Administra- that individual’s death, the entitle- director appointed by the Secretary. The Secretary, acting through the Director of tion that the surviving relatives had ment shall be calculated in a manner the Office, shall coordinate and promote the their own bills to pay, and that this ad- proportionate to the days he or she was status of men’s health in the United ditional expense imposed a burden on still alive. In other words, we are using States.’’. them that was difficult to manage. a method of pro-rating to calculate

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00082 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.002 S26JY0 July 26, 2000 CONGRESSIONAL RECORD—SENATE 16365 what portion of the entitlement that clause (ii) and inserting ‘‘and ending with graph (D) and inserting the following: ‘‘end- individual will receive for the last the month in which she dies or (if earlier) ing with the month in which he dies or (if month. Then, instead of being asked to with the month’’; earlier) with the month preceding the earlier return that final check, the surviving (B) by striking subparagraph (E); and of’’ and by striking the comma after (C) by redesignating subparagraphs (F) ‘‘216(l))’’. spouse or appropriate surviving family through (K) as subparagraphs (E) through (j) BENEFITS AT AGE 72 FOR CERTAIN UNIN- members will receive a check, which (J). SURED INDIVIDUALS.—Section 228(a) of such can then be used to settle the dece- (2) CONFORMING AMENDMENTS.—Section Act (42 U.S.C. 428(a)) is amended by striking dent’s remaining expenses. I think this 202(b)(5)(B) of such Act (42 U.S.C. 402(b)(5)(B)) ‘‘the month preceding’’ in the matter fol- is a perfectly fair and reasonable ap- is amended by striking ‘‘(E), (F), (H), or (J)’’ lowing paragraph (4). proach to solving the problem at hand. and inserting ‘‘(E), (G), or (I)’’. SEC. 3. COMPUTATION AND PAYMENT OF LAST And I think it is long overdue. (c) HUSBAND’S INSURANCE BENEFITS.— MONTHLY PAYMENT. It is my understanding that another (1) IN GENERAL.—Section 202(c)(1) of such (a) OLD-AGE AND SURVIVORS INSURANCE Act (42 U.S.C. 402(c)(1)) is amended— BENEFITS.—Section 202 of the Social Secu- bill addressing this problem has been (A) by striking ‘‘and ending with the rity Act (42 U.S.C. 402) is amended by adding introduced in the Senate by my col- month’’ in the matter immediately following at the end the following new subsection: league Senator MIKULSKI. Further- clause (ii) and inserting ‘‘and ending with ‘‘Last Payment of Monthly Insurance more, she has introduced this legisla- the month in which he dies or (if earlier) Benefit Terminated by Death tion for several years in a row. I com- with the month’’; ‘‘(y) The amount of any individual’s mend her for her awareness of this (B) by striking subparagraph (E); and monthly insurance benefit under this section problem and her ongoing efforts to fix (C) by redesignating subparagraphs (F) paid for the month in which the individual it. through (K) as subparagraphs (E) through dies shall be an amount equal to— (J), respectively. That said, it is also my under- ‘‘(1) the amount of such benefit (as deter- (2) CONFORMING AMENDMENTS.—Section mined without regard to this subsection), standing that her bill as written cal- 202(c)(5)(B) of such Act (42 U.S.C. 402(c)(5)(B)) culates these entitlement benefits on a multiplied by is amended by striking ‘‘(E), (F), (H), or (J)’’ ‘‘(2) a fraction— half-month basis. In other words, if you and inserting ‘‘(E), (G), or (I)’’, respectively. ‘‘(A) the numerator of which is the number die before the 15th, you get benefits for (d) CHILD’S INSURANCE BENEFITS.—Section of days in such month preceding the date of a half a month. If you die after the 202(d)(1) of such Act (42 U.S.C. 402(d)(1)) is such individual’s death, and 15th, you are entitled to benefits for amended— ‘‘(B) the denominator of which is the num- the entire month. To be honest, I see (1) by striking ‘‘and ending with the ber of days in such month, month’’ in the matter immediately pre- rounded, if not a multiple of $1, to the next no obvious rationale for addressing the ceding subparagraph (D) and inserting ‘‘and problem in this way, and I find a pro- lower multiple of $1. This subsection shall ending with the month in which such child apply with respect to such benefit after all rate strategy to be far more compel- dies or (if earlier) with the month’’; and other adjustments with respect to such ben- ling. But this said, I look forward to (2) by striking ‘‘dies, or’’ in subparagraph efit provided by this title have been made. working with her and her co-sponsors (D). Payment of such benefit for such month to repair the problem. We clearly have (e) WIDOW’S INSURANCE BENEFITS.—Section shall be made as provided in section 204(d).’’. the same concerns. 202(e)(1) of such Act (42 U.S.C. 402(e)(1)) is (b) DISABILITY INSURANCE BENEFITS.—Sec- Mr. President, let me state in conclu- amended by striking ‘‘ending with the month tion 223 of such Act (42 U.S.C. 423) is amend- preceding the first month in which any of sion that this legislation represents ed by adding at the end the following new the following occurs: she remarries, dies,’’ in subsection: only a partial fix of the current Social the matter following subparagraph (F) and ‘‘Last Payment of Benefit Terminated by Security system. There is no doubt in inserting ‘‘ending with the month in which Death my mind that much more needs to be she dies or (if earlier) with the month pre- done. We have talked about the issues ceding the first month in which she remar- ‘‘(j) The amount of any individual’s month- ly benefit under this section paid for the far too long, and it is time to make a ries or’’. (f) WIDOWER’S INSURANCE BENEFITS.—Sec- month in which the individual dies shall be serious effort to make the Social Secu- an amount equal to— rity solvent and effective. If had my tion 202(f)(1) of such Act (42 U.S.C. 402(f)(1)) is amended by striking ‘‘ending with the ‘‘(1) the amount of such benefit (as deter- way, this effort would begin tomorrow. month preceding the first month in which mined without regard to this subsection), But since it is not, this legislation can any of the following occurs: he remarries, multiplied by be considered one small but very im- dies,’’ in the matter following subparagraph ‘‘(2) a fraction— portant step on the path to reform. (F) and inserting ‘‘ending with the month in ‘‘(A) the numerator of which is the number Mr. President, I ask unanimous con- which he dies or (if earlier) with the month of days in such month preceding the date of preceding the first month in which he remar- such individual’s death, and sent that a copy of the legislation be ‘‘(B) the denominator of which is the num- included in the RECORD at the conclu- ries’’. (g) MOTHER’S AND FATHER’S INSURANCE ber of days in such month, sion of my statement. rounded, if not a multiple of $1, to the next BENEFITS.—Section 202(g)(1) of such Act (42 Thank you, Mr. President, and I yield U.S.C. 402(g)(1)) is amended— lower multiple of $1. This subsection shall the floor. (1) by inserting ‘‘with the month in which apply with respect to such benefit after all There being no objection, the bill was he or she dies or (if earlier)’’ after ‘‘and end- other adjustments with respect to such ben- ordered to be printed in the RECORD, as ing’’ in the matter following subparagraph efit provided by this title have been made. follows: (F); and Payment of such benefit for such month shall be made as provided in section 204(d).’’. S. 2926 (2) by striking ‘‘he or she remarries, or he or she dies’’ and inserting ‘‘or he or she re- (c) BENEFITS AT AGE 72 FOR CERTAIN UNIN- Be it enacted by the Senate and House of Rep- marries’’. SURED INDIVIDUALS.—Section 228 of such Act resentatives of the United States of America in (42 U.S.C. 428) is amended by adding at the (h) PARENT’S INSURANCE BENEFITS.—Sec- Congress assembled, tion 202(h)(1) of such Act (42 U.S.C. 402(h)(1)) end the following new subsection: SECTION 1. SHORT TITLE. is amended by striking ‘‘ending with the ‘‘Last Payment of Benefit Terminated by This Act may be cited as the ‘‘Social Secu- month preceding the first month in which Death rity Family Relief Act’’. any of the following occurs: such parent dies, ‘‘(i) The amount of any individual’s month- SEC. 2. CONTINUATION OF BENEFITS THROUGH marries,’’ in the matter following subpara- ly benefit under this section paid for the MONTH OF BENEFICIARY’S DEATH. graph (E) and inserting ‘‘ending with the month in which the individual dies shall be (a) OLD-AGE INSURANCE BENEFITS.—Section month in which such parent dies or (if ear- an amount equal to— 202(a) of the Social Security Act (42 U.S.C. lier) with the month preceding the first ‘‘(1) the amount of such benefit (as deter- 402(a)) is amended by striking ‘‘the month month in which such parent marries, or such mined without regard to this subsection), preceding’’ in the matter following subpara- parent’’. multiplied by graph (B). (i) DISABILITY INSURANCE BENEFITS.—Sec- ‘‘(2) a fraction— (b) WIFE’S INSURANCE BENEFITS.— tion 223(a)(1) of such Act (42 U.S.C. 423(a)(1)) ‘‘(A) the numerator of which is the number (1) IN GENERAL.—Section 202(b)(1) of such is amended by striking ‘‘ending with the of days in such month preceding the date of Act (42 U.S.C. 402(b)(1)) is amended— month preceding whichever of the following such individual’s death, and (A) by striking ‘‘and ending with the months is the earliest: the month in which ‘‘(B) the denominator of which is the num- month’’ in the matter immediately following he dies,’’ in the matter following subpara- ber of days in such month,

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00083 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.002 S26JY0 16366 CONGRESSIONAL RECORD—SENATE July 26, 2000 rounded, if not a multiple of $1, to the next completed by the Federal Bureau of lack of training, the guards physically lower multiple of $1. This subsection shall Prisons in 1998, concluded that there is abused the boys and threw gas gre- apply with respect to such benefit after all no strong evidence to show states save nades into their barracks. Some juve- other adjustments with respect to such ben- money by using private prisons. nile inmates even tried to commit sui- efit provided by this title have been made. Payment of such benefit for such month More importantly, private prison cide or deliberately injure themselves shall be made as provided in section 204(d).’’. companies are motivated by one goal: so they would be sent to the infirmary SEC. 4. DISREGARD OF BENEFIT FOR MONTH OF making a profit. Decisions by these to avoid abuse by the guards. DEATH UNDER FAMILY MAXIMUM companies are driven by the desire to Mr. President, the profit motive PROVISIONS. make a profit and, in turn, please offi- clearly has a dangerous and harmful ef- Section 203(a) of the Social Security Act cers and shareholders. This profit mo- fect on the security of private prisons, (42 U.S.C. 403(a)) is amended by adding at the tive in the context of housing crimi- but the profit motive also shortchanges end the following new paragraph: ‘‘(10) Notwithstanding any other provision nals is wrong. It is at cross-purposes inmates of the rehabilitation, edu- of this Act, in applying the preceding provi- with the government’s goal of pun- cation, and training that they need. sions of this subsection (and determining ishing and rehabilitating criminals. Private prisons get paid based on the maximum family benefits under column V of So what happens when a private com- number of inmates they house. This the table in or deemed to be in section 215(a) pany runs a prison? The prisons have means the more inmates they accept as in effect in December 1978) with respect to promised to save taxpayers money, so and the fewer services they provide, the month in which the insured individual’s they cut costs. This invariably results the more money they make. A high death occurs, the benefit payable to such in- in unqualified, low paid employees, crime rate means more business and dividual for that month shall be dis- regarded.’’. poor facilities and living conditions, eliminates any motivation to provide SEC. 5. EFFECTIVE DATE. and an inadequate number of edu- job training, education, and other reha- The amendments made by this Act shall cational and rehabilitative programs. bilitative programs. These allegations apply with respect to deaths occurring after Recent episodes of escape, violence, of abuse and the negative effects of the the month in which this Act is enacted. and prisoner abuse demonstrate what profit motive are especially troubling happens when corners are cut. because they have a disparate impact By Mr. FEINGOLD: At the Northeast Ohio Correctional on the minority community, which has S. 2927. A bill to ensure that the in- facility, a private prison in Youngs- been incarcerated disproportionately carceration of inmates is not provided town, Ohio, 20 inmates were stabbed, in recent years particularly with the by private contractors or vendors and two of them fatally, within a 10-month rise of mandatory minimum sentences that persons charged or convicted of an period. After management claimed for drug offenses. offense against the United States shall they had addressed the problems, six Another issue of concern is account- be housed in facilities managed and inmates, four convicted of homicide, ability for dispensing one of the strong- maintained by Federal, State, or local escaped by cutting through two razor est punishments our society can im- governments; to the Committee on the wire fences in the middle of the after- pose. Incarceration requires a govern- Judiciary. noon. ment to exercise its coercive police THE PUBLIC SAFETY ACT At a private prison in Whiteville, powers over individuals, including the Mr. FEINGOLD. Mr. President, send- Tennessee, which houses many inmates authority to take away a person’s free- ing inmates to prisons built and run by from my home state of Wisconsin, dom and to use force. This authority to prviate companies has become a pop- there has been a hostage situation, an use force should not be delegated to a ular way to deal with overcrowded pris- assault of a guard, and a coverup to private company that is not account- ons, but in recent years this practice hide physical abuse of inmates by pris- able to the people. This premise was re- has been appropriately criticized. As on guards. A security report at the inforced by the Supreme Court in Rich- reports of escapes, riots, prisoner vio- same Tennessee prison found unsecured ardson v. McKnight, which held that lence, and abuse by staff in private razors, inmates obstructing views into private prison personnel are not cov- prisons increase, many have questioned their cells by covering up windows, and ered by the qualified immunity that the wisdom and propriety of private an inmate using a computer lab strict- shields state and local correctional of- companies carrying out this essential ly labeled, ‘‘staff only’’ without any su- ficers. This means that a state or local state function. After considering safe- pervision. government could be held liable for the ty, cost, and accountability issues, it is At a private prison in Sayre, Okla- actions of a private corporation. clear that private companies should homa, a dangerous inmate uprising Mr. President, the legislation I intro- not be doing this public work. Govern- jeopardized the security and control of duce today, the Public Safety Act, ad- ment and only government, whether the facility. As a result, the state of dresses these concerns. It restores con- it’s federal, state, or local, should oper- Oklahoma removed all its inmates trol and management of prisons to the ate prisons. That is why I rise today to from the facility and questioned its government. It makes federal grants introduce a bill that will restore re- safety. Because the prison gets paid under Title II of the Crime Control Act sponsibility for housing prisoners to based on the number of inmates, how- of 1994 contingent upon states agreeing the state and federal government, ever, the prison continued to request, not to contract with any private com- where it belongs. An identical bill was and other states sent, hundreds of in- panies to provide core correctional introduced in the House of Representa- mates to be housed there. services related to transportation or tives by Congressman TED STRICKLAND, Earlier this year the Justice Depart- incarceration of inmates. The legisla- where it has received broad bi-partisan ment filed a lawsuit against the tion was carefully crafted to apply only support and currently has 141 cospon- Wackenhut Corrections Corporation, to core correctional services meaning sors. the second largest private prison com- that private companies can still pro- Private prison companies, and pro- pany in the United States, charging vide auxiliary services such as food or ponents of their use, claim that they that in one of its juvenile prisons, con- clothing. save taxpayers money. They claim pri- ditions were ‘‘dangerous and life Mr. President, let us restore safety vate companies can do the govern- threatening.’’ A group of experts who and security to the many Americans ment’s business more efficiently, but toured the prison reported that many who work in prisons. Let us protect the this has never been confirmed. In fact, of the juveniles were short of food, had communities that support prisons. And two government studies show that it is lost weight, and did not have shoes or let us ensure rehabilitation and safety far from clear whether private prisons blankets. The Department of Justice for the individuals, including young save taxpayer money. One study, com- lawsuit also alleges that inmates did boys and girls, who are housed there. pleted by the GAO, stated that it could not receive adequate mental health This bill returns to the government the not conclude whether or not privatiza- care or educational programming. In function of being the sole adminis- tion saved money. The second study, addition to the poor conditions and trator of incarceration as punishment

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00084 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.003 S26JY0 July 26, 2000 CONGRESSIONAL RECORD—SENATE 16367 in our society. I urge my colleagues to correctional services related to correctional ity of the internet to aid business in join me as cosponsors of the Public facilities or the incarceration of inmates. the collection, storage, transfer, and Safety Act. (2) RENEWALS AND EXTENSIONS.—Subsection analysis of information about a con- I ask that the text of the bill be (a) shall apply to renewals or extensions of sumer’s habits is unprecedented. While an existing contract entered into after the placed in the RECORD following this date of the enactment of this Act. this technology can allow business to statement. (d) DEFINITION.—For purposes of this sec- better target goods and services, it also There being no objection, the bill was tion, the term ‘‘core correctional service’’ has increased consumer fears about the ordered to be printed in the RECORD, as means the safeguarding, protecting, and dis- collection and use of personally identi- follows: ciplining of persons charged or convicted of fiable information. S. 2927 an offense. Since 1998, the Federal Trade Com- SEC. 4. ENHANCING PUBLIC SAFETY AND SECU- Be it enacted by the Senate and House of Rep- mission has examined this issue in a RITY IN THE DUTIES OF THE BU- series of reports to Congress. The FTC resentatives of the United States of America in REAU OF PRISONS. Congress assembled, Section 4042(a) of title 18, United States and privacy organizations formed by SECTION 1. SHORT TITLE. Code, is amended— industry identified ‘‘four fair informa- This Act may be cited as the ‘‘Public Safe- (1) by redesignating paragraph (5) as para- tion practices’’ which should be uti- ty Act’’. graph (7); lized by websites that collect person- SEC. 2. FINDINGS. (2) by striking ‘‘and’’ at the end of para- ally identifiable information. In simple The Congress finds the following: graph (4); and terms, these practices are notice of (1) The issues of safety, liability, account- (3) by inserting after paragraph (4) the fol- what information is collected and how ability, and cost are the paramount issues in lowing: it is used; choice as to how that infor- ‘‘(5) provide that any penal or correctional running corrections facilities. mation is used; access by the user to (2) In recent years, the privatization of fa- facility or institution except for nonprofit cilities for persons previously incarcerated community correctional confinement, such information collected about them; and by governmental entities has resulted in fre- as halfway houses, confining any person con- appropriate measures to ensure the se- quent escapes by violent criminals, riots re- victed of offenses against the United States, curity of the information. sulting in extensive damage, prisoner vio- shall be under the direction of the Director Over the last three years industry lence, and incidents of prisoner abuse by of the Bureau of Prisons and shall be man- has worked diligently to develop and staff. aged and maintained by employees of Fed- implement privacy policies utilizing (3) In some instances, the courts have pro- eral, State, or local governments; the four fair information practices. hibited the transfer of additional convicts to ‘‘(6) provide that the transportation, hous- While industry has made progress in private prisons because of the danger to pris- ing, safeguarding, protection, and dis- providing consumers with some form of ciplining of any person charged with or con- oners and the community. notice of their information practices, (4) Frequent escapes and riots at private victed of any offense against the United facilities result in expensive law enforce- States, except such persons in community there is much work to be done to im- ment costs for State and local governments. correctional confinement such as halfway prove the depth and clarity of privacy (5) The need to make profits creates incen- houses, will be conducted and carried out by policies. tives for private contractors to underfund individuals who are employees of Federal, The legislation we introduce today mechanisms that provide for the security of State, or local governments; and’’. should not be viewed as a failure on the the facility and the safety of the inmates, part of industry to address privacy. In- corrections staff, and neighboring commu- By Mr. MCCAIN (for himself, Mr. stead industry’s efforts over the past nity. KERRY, Mr. ABRAHAM, and Mrs. few years have driven the development (6) The 1997 Supreme Court ruling in Rich- BOXER): of standards which serve as the model ardson v. McKnight that the qualified immu- S. 2928. A bill to protect the privacy for this legislation. Our objective is to nity that shields State and local correctional of consumers who use the Internet; to officers does not apply to private prison per- provide for enforceable standards to en- the Committee on Commerce, Science, sure that all websites provide con- sonnel, and therefore exposes State and local and Transportation. governments to liability for the actions of sumers with clear and conspicuous no- private corporations. THE CONSUMER INTERNET PRIVACY tice and meaningful choices about how (7) Additional liability issues arise when ENHANCEMENT ACT their information is used. inmates are transferred outside the jurisdic- Mr. MCCAIN. Mr. President, I am Currently, some websites have pri- tion of the contracting State. pleased to join my colleagues from vacy policies that are confusing and (8) Studies on private correctional facili- Massachusetts, Michigan, and Cali- make it difficult for consumers to re- ties have been unable to demonstrate any fornia to introduce the Consumer strict the use of information. During a significant cost savings in the privatization Internet Privacy Enhancement Act. of corrections facilities. recent hearing before the Senate Com- The purpose of this legislation is sim- merce Committee, the Chairman of the (9) The imposition of punishment on errant ple. We want to ensure that commer- citizens through incarceration requires State Federal Trade Commission—a former and local governments to exercise their coer- cial websites inform consumers about dean of Georgetown Law School—ex- cive police powers over individuals. These how their personal information is pressed his own difficulties in under- powers, including the authority to use force treated, and give consumers meaning- standing some privacy policies. over a private citizen, should not be dele- ful choices about the use of that infor- Privacy is harmed not enhanced gated to another private party. mation. While the purpose of this legis- when consumers are lost in a fog of SEC. 3. ELIGIBILITY FOR GRANTS. lation is simple, the task my col- legalese. Some current privacy policies (a) IN GENERAL.—To be eligible to receive a leagues and I are seeking to accom- confuse and contradict rather than pro- grant under subtitle A of title II of the Vio- plish is complex and difficult. vide clear and conspicuous notice of a lent Crime Control and Law Enforcement The Internet is a tremendous me- consumer’s rights. Act of 1994, an applicant shall provide assur- dium spurring the world’s economy and The bill my colleagues and I intro- ances to the Attorney General that if se- lected to receive funds under such subtitle allowing people to communicate in duce today attempts to end some of the applicant shall not contract with a pri- ways that were unimaginable a few this confusion by providing for enforce- vate contractor or vendor to provide core short years ago. The Internet revolu- able standards that will both protect correctional services related to the transpor- tion is transforming our lives and our consumers and allow for the continued tation or the incarceration of an inmate. economy at an incredible pace. Like growth of e-commerce. Specifically, (b) EFFECTIVE DATE.—Subsection (a) shall any other technological revolution it the bill would require websites to pro- apply to grant funds received after the date promises great opportunities and, it vide clear and conspicuous notice of of enactment of this Act. presents new concerns and fears. their information practices. It also re- (c) EFFECT ON EXISTING CONTRACTS.— Chief among those concerns is the quires websites to provide consumers (1) IN GENERAL.—Except as provided in paragraph (2), subsection (a) shall not apply ability of the Internet to further erode with an easy method to limit the use to a contract in effect on the date of the en- individual privacy. Since the beginning and disclosure of information. actment of this Act between a grantee and a of commerce, business has sought to The provisions of the bill are enforce- private contractor or vendor to provide core learn more about consumers. The abil- able by the FTC. States Attorneys

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00085 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.003 S26JY0 16368 CONGRESSIONAL RECORD—SENATE July 26, 2000 General could also bring suits in fed- S. 2928 commercial website operator in interstate or eral court under the Act using a mech- Be it enacted by the Senate and House of Rep- foreign commerce in connection with an ac- anism similar to the Telemarketing resentatives of the United States of America in tivity or action described in this Act that is Congress assembled, inconsistent with, or more restrictive than, Sales Rule. We also propose a civil pen- the treatment of that activity or action alty of $22,000 per violation with a max- SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Consumer under this section. imum fine of $500,000. Currently, the (d) SAFE HARBOR.—A commercial website Internet Privacy Enhancement Act’’. FTC can only seek civil penalties if an operator may not be held to have violated SEC. 2. COLLECTION OF PERSONALLY IDENTIFI- any provision of this Act if it complies with individual or business is under an order ABLE INFORMATION. self-regulatory guidelines that— for past behavior. (a) IN GENERAL.—It is unlawful for a com- (1) are issued by seal programs or rep- mercial website operator to collect person- The legislation also preempts state resentatives of the marketing or online in- ally identifiable information online from a law to ensure that the law governing dustries or by any other person; and user of that website unless the operator pro- the collection of personally identifiable (2) are approved by the Commission as con- vides— taining all the requirements set forth in sub- information is uniform. Finally, the (1) notice to the user on the website in ac- section (b). bill would direct the National Academy cordance with the requirements of sub- SEC. 3. ENFORCEMENT. of Sciences to conduct a study of pri- section (b); and (a) IN GENERAL.—The violation of section vacy to examine the collection of per- (2) an opportunity to that user to limit the 2(a) or (b) shall be treated as a violation of use for marketing purposes, or disclosure to sonal information in the offline-world a rule defining an unfair or deceptive act or as well as methods to provide con- third parties of personally identifiable infor- practice in or affecting commerce proscribed sumers with access to information col- mation collected that is— by section 18(a)(1)(B) of the Federal Trade lected by them. (A) not related to provision of the products Commission Act (15 U.S.C. 57(a)(1)(B)). or services provided by the website; or Despite our best efforts I recognize (b) ENFORCEMENT BY CERTAIN OTHER AGEN- (B) not required to be disclosed by law. CIES.— Compliance with section 2(a) or (b) this bill does not address all of the (b) NOTICE.— shall be enforced under— issues affecting online privacy. As I (1) IN GENERAL.—For purposes of subsection (1) section 8 of the Federal Deposit Insur- said earlier, this is a complex and dif- (a), notice consists of a statement that in- ance Act (12 U.S.C. 1818), in the case of— ficult issue. Other related concerns forms a user of a website of the following: (A) national banks, and Federal branches that should be addressed will continue (A) The identity of the operator of the and Federal agencies of foreign banks, by the to arise as we consider this measure. website and of any third party the operator Office of the Comptroller of the Currency; knowingly permits to collect personally (B) member banks of the Federal Reserve For example, the sale of data during identifiable information from users through bankruptcy, the use of software also System (other than national banks), the website, including the provision of an branches and agencies of foreign banks known as spyware that can transfer electronic means of going to a website oper- (other than Federal branches, Federal agen- personal information while online ated by any such third party. cies, and insured State branches of foreign without the user’s consent or knowl- (B) A list of the types of personally identi- banks), commercial lending companies edge, and the government’s use and dis- fiable information that may be collected on- owned or controlled by foreign banks, and semination of personally identifiable line by the operator and the categories of in- organizations operating under section 25 or information online. formation the operator may collect in con- 25(a) of the Federal Reserve Act (12 U.S.C. nection with the user’s visit to the website. Additionally, other new ways to help 601 et seq. and 611 et seq.), by the Board; and (C) A description of how the operator uses (C) banks insured by the Federal Deposit resolve the issue of online privacy will such information, including a statement as Insurance Corporation (other than members also arise as we consider this measure. to whether the information may be sold, dis- of the Federal Reserve System) and insured These include the deployment of tech- tributed, disclosed, or otherwise made avail- State branches of foreign banks, by the nology that will enable consumers to able to third parties for marketing purposes. Board of Directors of the Federal Deposit In- protect their privacy is one issue we (D) A description of the categories of po- surance Corporation; should expect to address. Another issue tential recipients of any such personally (2) section 8 of the Federal Deposit Insur- identifiable information. ance Act (12 U.S.C. 1818), by the Director of is the use of verifiable assessment pro- (E) Whether the user is required to provide cedures to ensure that websites are fol- the Office of Thrift Supervision, in the case personally identifiable information in order of a savings association the deposits of which lowing their posted privacy policies. to use the website and any other con- are insured by the Federal Deposit Insurance The discovery of new issues and new sequences of failure to provide that informa- Corporation; solutions as we move through this tion. (3) the Federal Credit Union Act (12 U.S.C. process will serve to highlight the dif- (F) A general description of what steps the 1751 et seq.) by the National Credit Union ficulty and complexity of dealing with operator takes to protect the security of per- Administration Board with respect to any sonally identifiable information collected Federal credit union; this issue. It is not my intention to online by that operator. rush to judgment on these matters. In- (4) part A of subtitle VII of title 49, United (G) A description of the means by which a States Code, by the Secretary of Transpor- stead, I firmly believe the best way to user may elect not to have the user’s person- tation with respect to any air carrier or for- protect consumers and provide for the ally identifiable information used by the op- eign air carrier subject to that part; continued growth of e-commerce is to erator for marketing purposes or sold, dis- (5) the Packers and Stockyards Act, 1921 (7 give privacy careful and thoughtful de- tributed, disclosed, or otherwise made avail- U.S.C. 181 et seq.) (except as provided in sec- liberation before we act. able to a third party, except for— tion 406 of that Act (7 U.S.C. 226, 227)), by the (i) information related to the provision of Mr. President, it is clear that busi- Secretary of Agriculture with respect to any the product or service provided by the activities subject to that Act; and nesses should inform consumers in a website; or clear and conspicuous manner about (6) the Farm Credit Act of 1971 (12 U.S.C. (ii) information required to be disclosed by 2001 et seq.) by the Farm Credit Administra- how they treat personal information law. tion with respect to any Federal land bank, and give consumers meaningful choices (H) The address or telephone number at Federal land bank association, Federal inter- as to how that information is used. which the user may contact the website op- mediate credit bank, or production credit as- While some of us may disagree on the erator about its information practices and sociation. manner in which we meet this goal, we also an electronic means of contacting the (c) EXERCISE OF CERTAIN POWERS.—For the operator. all agree that it must be done. I look purpose of the exercise by any agency re- (2) FORM OF NOTICE.—The notice required ferred to in subsection (b) of its powers under forward to working with my colleagues by subsection (a) shall be clear, conspicuous, any Act referred to in that subsection, a vio- and addressing their concerns as we and easily understood. lation of section 2(a) or (b) is deemed to be a move through the legislative process. (3) OPPORTUNITY TO LIMIT DISCLOSURE.—The violation of a requirement imposed under Mr. President, I ask unanimous con- opportunity provided to users to limit use that Act. In addition to its powers under any sent to print the full text of the bill in and disclosure of personally identifiable in- provision of law specifically referred to in formation shall be easy to use, easily acces- subsection (b), each of the agencies referred the RECORD. sible, and shall be available online. to in that subsection may exercise, for the There being no objection, the bill was (c) INCONSISTENT STATE LAW.—No State or purpose of enforcing compliance with any re- ordered to be printed in the RECORD, as local government may impose any liability quirement imposed under section 2(a) or (b), follows: for commercial activities or actions by a any other authority conferred on it by law.

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00086 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.003 S26JY0 July 26, 2000 CONGRESSIONAL RECORD—SENATE 16369

(d) ACTIONS BY THE COMMISSION.—The Com- (ii) NOTIFICATION.—In an action described (6) examine such other matters relating to mission shall prevent any person from vio- in clause (i), the attorney general of a State the collection, use, and protection of per- lating section 2(a) or (b) in the same manner, shall provide notice and a copy of the com- sonal information online as the Council and by the same means, and with the same juris- plaint to the Commission at the same time the Commission consider appropriate; and diction, powers, and duties as though all ap- as the attorney general files the action. (7) examine efforts being made by industry plicable terms and provisions of the Federal (b) INTERVENTION.— to provide notice, choice, access, and secu- Trade Commission Act (15 U.S.C. 41 et seq.) (1) IN GENERAL.—On receiving notice under rity. were incorporated into and made a part of subsection (a)(2), the Commission shall have (c) RECOMMENDATIONS.—Within 12 months this Act. Any entity that violates any provi- the right to intervene in the action that is after the Commission’s request under sub- sion of that title is subject to the penalties the subject of the notice. section (a), the Council shall complete the and entitled to the privileges and immuni- (2) EFFECT OF INTERVENTION.—If the Com- study and submit a report to the Congress, ties provided in the Federal Trade Commis- mission intervenes in an action under sub- including recommendations for private and sion Act in the same manner, by the same section (a), it shall have the right— public sector actions including self-regula- means, and with the same jurisdiction, (A) to be heard with respect to any matter tion, laws, regulations, or special agree- power, and duties as though all applicable that arises in that action; and ments. terms and provisions of the Federal Trade (B) to file a petition for appeal. (d) AGENCY COOPERATION.—The head of Commission Act were incorporated into and (3) AMICUS CURIAE.—Upon application to each Federal department or agency shall, at made a part of that title. the court, a person whose self-regulatory the request of the Commission or the Coun- (e) RELATIONSHIP TO OTHER LAWS.— guidelines have been approved by the Com- cil, cooperate as fully as possible with the (1) COMMISSION AUTHORITY.—Nothing con- mission and are relied upon as a defense by Council in its activities in carrying out the tained in this Act shall be construed to limit any defendant to a proceeding under this sec- study. the authority of the Commission under any tion may file amicus curiae in that pro- (e) FUNDING.—The Commission is author- other provision of law. ceeding. ized to be obligate not more than $1,000,000 to (2) COMMUNICATIONS ACT.—Nothing in sec- (c) CONSTRUCTION.—For purposes of bring- carry out this section from funds appro- tion 2(a) or (b) requires an operator of a ing any civil action under subsection (a), priated to the Commission. website to take any action that is incon- nothing in this Act shall be construed to pre- SEC. 6. DEFINITIONS. sistent with the requirements of section 222 vent an attorney general of a State from ex- In this Act: or 631 of the Communications Act of 1934 (47 ercising the powers conferred on the attor- (1) COMMISSION.—The term ‘‘Commission’’ U.S.C. 222 or 551, respectively). ney general by the laws of that State to— means the Federal Trade Commission. (3) OTHER ACTS.—Nothing in this Act is in- (1) conduct investigations; (2) COMMERCIAL WEBSITE OPERATOR.—The tended to affect any provision of, or any (2) administer oaths or affirmations; or term ‘‘operator of a commercial website’’— amendment made by— (3) compel the attendance of witnesses or (A) means any person who operates a (A) the Children’s Online Privacy Protec- the production of documentary and other website located on the Internet or an online tion Act of 1998; evidence. service and who collects or maintains per- (B) the Gramm-Leach-Bliley Act; or (d) ACTIONS BY THE COMMISSION.—In any sonal information from or about the users of (C) the Health Insurance Portability and case in which an action is instituted by or on or visitors to such website or online service, Accountability Act of 1996. behalf of the Commission for violation of or on whose behalf such information is col- (f) CIVIL PENALTY.—In addition to any section 2(a) or (b) no State may, during the lected or maintained, where such website or other penalty applicable to a violation of pendency of that action, institute an action online service is operated for commercial section 2(a), there is hereby imposed a civil under subsection (a) against any defendant purposes, including any person offering prod- penalty of $22,000 for each such violation. In named in the complaint in that action for ucts or services for sale through that website the event of a continuing violation, each day violation of that rule. or online service, involving commerce— on which the violation continues shall be (e) VENUE; SERVICE OF PROCESS.— (i) among the several States or with 1 or considered as a separate violation for pur- (1) VENUE.—Any action brought under sub- more foreign nations; poses of this subsection. The maximum pen- section (a) may be brought in the district (ii) in any territory of the United States or alty under this subsection for a related se- court of the United States that meets appli- in the District of Columbia, or between any ries of violations is $500,000. For purposes of cable requirements relating to venue under such territory and— this subsection, the violation of an order section 1391 of title 28, United States Code. (I) another such territory; or issued by the Commission under this Act (2) SERVICE OF PROCESS.—In an action (II) any State or foreign nation; or shall not be considered to be a violation of brought under subsection (a), process may be (iii) between the District of Columbia and section 2(a) of this Act. served in any district in which the defend- any State, territory, or foreign nation; but SEC. 4. ACTIONS BY STATES. ant— (B) does not include any nonprofit entity (a) IN GENERAL.— (A) is an inhabitant; or that would otherwise be exempt from cov- (1) CIVIL ACTIONS.—In any case in which the (B) may be found. erage under section 5 of the Federal Trade attorney general of a State has reason to be- SEC. 5. STUDY OF ONLINE PRIVACY. Commission Act (15 U.S.C. 45). lieve that an interest of the residents of that (a) IN GENERAL.—Within 90 days after the (3) COLLECT.—The term ‘‘collect’’ means State has been or is threatened or adversely date of enactment of this Act, the Commis- the gathering of personally identifiable in- affected by the engagement of any person in sion shall execute a contract with the Na- formation about a user of an Internet serv- a practice that violates section 2(a) or (b), tional Research Council of the National ice, online service, or commercial website by the State, as parens patriae, may bring a Academy of Sciences for a study of privacy or on behalf of the provider or operator of civil action on behalf of the residents of the that will examine causes for concern about that service or website by any means, direct State in a district court of the United States privacy in the information age and tools and or indirect, active or passive, including— of appropriate jurisdiction to— strategies for responding to those concerns. (A) an online request for such information (A) enjoin that practice; (b) SCOPE.—The study required by sub- by the provider or operator, regardless of (B) obtain damage, restitution, or other section (a) shall— how the information is transmitted to the compensation on behalf of residents of the (1) survey the risks to, and benefits associ- provider or operator; State; or ated with the use of, personal information (B) the use of an online service to gather (C) obtain such other relief as the court associated with information technology, in- the information; or may consider to be appropriate. cluding actual and potential issues related to (C) tracking or use of any identifying code (2) NOTICE.— trends in technology; linked to a user of such a service or website, (A) IN GENERAL.—Before filing an action (2) examine the costs and benefits involved including the use of cookies. under paragraph (1), the attorney general of in the collection and use of personal infor- (4) INTERNET.—The term ‘‘Internet’’ means the State involved shall provide to the Com- mation; collectively the myriad of computer and mission— (3) examine the differences, if any, between telecommunications facilities, including (i) written notice of that action; and the collection and use of personal informa- equipment and operating software, which (ii) a copy of the complaint for that action. tion by the online industry and the collec- comprise the interconnected world-wide net- (B) EXEMPTION.— tion and use of personal information by work of networks that employ the Trans- (i) IN GENERAL.—Subparagraph (A) shall other businesses; mission Control Protocol/Internet Protocol, not apply with respect to the filing of an ac- (4) examine the costs, risks, and benefits of or any predecessor or successor protocols to tion by an attorney general of a State under providing consumer access to information such protocol, to communicate information this subsection, if the attorney general de- collected online, and examine approaches to of all kinds by wire or radio. termines that it is not feasible to provide the providing such access; (5) PERSONALLY IDENTIFIABLE INFORMA- notice described in that subparagraph before (5) examine the security of personal infor- TION.—The term ‘‘personally identifiable in- the filing of the action. mation collected online; formation’’ means individually identifiable

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00087 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.003 S26JY0 16370 CONGRESSIONAL RECORD—SENATE July 26, 2000 information about an individual collected the responsibility to ensure that core On the other hand, when I go to the online, including— privacy principles are the norm shopping mall and look at five dif- (A) a first and last name, whether given at throughout the online world. We need ferent sweaters but don’t buy any of birth or adoption, assumed, or legally to respond to the consumers who don’t them, no one has a record of that. If I changed; do the same thing online, technology (B) a home or other physical address in- shop on the Internet because they are cluding street name and name of a city or concerned about their privacy. This is can record how long I linger over an town; necessary not only for the sake of the item, even if I don’t buy it. Likewise, I (C) an e-mail address; consumers, but for every online busi- can pick up any book in a book store (D) a telephone number; ness that wants to grow and attract and pay in cash and no one will ever (E) a Social Security number; or customers. know my reading preferences. That (F) unique identifying information that an The bill that we are introducing type of anonymity can be completely Internet service provider or operator of a today will encourage those skeptical lost online. commercial website collects and combines This bill requires the National Re- with any information described in the pre- consumers to go online. This legisla- tion will require Web sites to clearly search Council to study the issue of on- ceding subparagraphs of this paragraph. line versus offline privacy, and make a (6) ONLINE.—The term ‘‘online’’ refers to and conspicuously disclose their pri- any activity regulated by this Act or by sec- vacy policies. People deserve to know recommendation if there is a need for tion 2710 of title 18, United States Code, that what information may be collected and additional legislation in either area. is effected by active or passive use of an how it may be used so that they can Likewise, this bill requires the Coun- Internet connection, regardless of the me- make an informed decision before they cil to study the issue of access. While dium by or through which that connection is navigate around or shop on a par- there is general agreement that con- established. ticular Web site. They shouldn’t have sumers should have access to informa- (7) THIRD PARTY.—The term ‘‘third party’’, to click five times and need to trans- tion they provided to a Web site, we when used in reference to a commercial still don’t know whether it’s necessary late legalese before they know what a website operator, means any person other or proper for consumers to have access site will do with their personal infor- than the operator. to all of the information gathered mation. Requiring disclosure has the Mr. KERRY. Mr. President, I am about an individual. Should consumers added benefit of providing the FTC pleased to join Senators MCCAIN, have access to click-stream data or so- with an enforcement mechanism. If a BOXER and ABRAHAM in announcing called derived data by which a com- Web site fails to comply with its posted that today we will be introducing a bill pany uses compiled information to disclosure policy, the FTC can bring an that takes a positive, balanced ap- make a marketing decision about the action against it for unfair or deceptive proach to the issue of Internet privacy. consumer? And if we decide consumers acts. This is the bare minimum of what There can be no doubt that consumers need some access to this type of infor- have a legitimate expectation of pri- I believe consumers deserve and expect, mation, is it technology feasible? Will vacy on the Internet. Our bill protects and I don’t think this would have any there be unforeseen or unintended con- that interest. At the same time, con- unintended or negative consequences sequences such as an increased risk of sumers want an Internet that is free. on e-commerce. security breaches? Will there be less, In addition, this bill addresses the For that to happen, the Internet, like rather than more privacy due to the core principle of choice by requiring television, must be supported by adver- necessary coupling of names and data? tising. Our bill will allow companies to Web sites to offer consumers an easy to I don’t we are ready to regulate until continue to advertise, ensuring that we use method to prevent Web sites from we have some consensus on this issue. don’t have a subscription-based Inter- using personally identifiable informa- Finally, it is important to add that net, which would limit everyone’s on- tion for marketing purposes and to pre- this bill in no way limits what Con- line activities and contribute to a dig- vent them from selling that informa- gress has done or hopefully will do with ital divide. tion to third parties. This bill empow- respect to a person’s health or finan- If we recognize that the economy of ers consumers and lets them make in- cial information. When sensitive infor- the Internet calls for advertising, we formed decisions that are right for mation is collected, it is even more im- must also recognize that it won’t at- them. portant that stringent privacy protec- tract consumers if they believe their By ensuring consumers have the tions are in place. I have supported a privacy is being violated. Finding this right to full disclosure and the right to number of legislative efforts that fine balance of permitting enough free not have their personally identifiable would go far to protect this type of in- flow of information to allow ads to information sold or disclosed, this bill formation. work and protecting consumers’ pri- addresses the most fundamental con- Mr. ABRAHAM. Mr. President, today vacy is going to be critical if the Inter- cerns many people have about online I rise to join with the Senator from Ar- net is going to reach its full potential. privacy. But I believe there are still a izona, the Senator from Massachusetts, And I believe this bill strikes the right number of important questions that we and the Senator from California in in- balance. need to answer. The first is whether troducing the Consumer Privacy En- I think all of the bill’s cosponsors there is a difference between privacy in hancement Act. This legislation will were hopeful that self-regulation of the offline and online worlds. provide Americans with some basic— Internet privacy would work. And I Most of us hardly think about it but critically important—protections think self-regulation still has an im- when we go to the supermarket, but for their personal information when portant role to play. But it seems that when Safeway or Giant scans my dis- they are online. now it is up to Congress to establish a count card or my credit card, it has a Privacy has always been a very seri- floor for Internet privacy. I have no record of exactly who I am and what I ous issue to American citizens. It is a doubt that many innovative high tech bought. Should my preferences at the concept enshrined in our Bill of Rights. companies and advertisers will go be- supermarket be any more or less pro- As persons from all walks of life be- yond the regulations for notice and tected than the choices I make online? come increasingly reliant on com- choice we provide here. A number of Likewise, catalog companies compile puters and the Internet to perform ev- companies in my home state of Massa- and use offline information to make eryday tasks, it is incumbent upon pol- chusetts already do, providing con- marketing decisions. These companies icymakers to ensure that adequate pri- sumers with anonymity when they go rent lists compiled by list brokers. The vacy protections exist for consumers. online. I applaud and encourage those list brokers obtain marketing data and We must ensure that our laws evolve efforts and am certain that if Congress names from the public domain and gov- along with technology and continue to enacts this bill, they will continue. ernments, credit bureaus, financial in- provide effective privacy protection for But technology and innovation won’t stitutions, credit card companies, re- consumers surfing the World Wide Web address all the concerns people have tail establishments, and other cata- and using the Internet for commercial about Internet privacy. Congress has logers and mass mailers. activities.

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00088 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.003 S26JY0 July 26, 2000 CONGRESSIONAL RECORD—SENATE 16371 The American people are letting it be So with those critical features ad- for dollar. It requires the U.S. Depart- known that they have mounting con- dressed, I believe the legislation we in- ment of Education to give priority to cerns about their vulnerability in this troduce today will be an important school districts with a high proportion digital age. They are very concerned stepping stone along the path of ensur- of economically disadvantaged stu- about the advent of this new high-tech ing that Americans can be confident of dents and to ensure that grants are era we’ve entered and the new threats having their personal information will awarded to a wide range of districts in it potentially poses to our personal pri- be protected when they go online. terms of the size and location of the vacy. And I believe there is a consensus I urge my colleagues to review this school district, the ethnic and eco- building in Congress to begin to tackle legislation and to support our efforts nomic composition of students, and the the question of ensuring adequate pri- to protect consumers against unwar- experience of the districts’ teachers. vacy protections for individuals using ranted intrusions into their personal There are several reasons we need the Internet. privacy when they are using their com- this bill. Whether we can find a similar con- puters and surfing the Internet. NEW TEACHERS NEED SUPPORT sensus on a particular legislative pro- I yield the floor. First, new teachers face over- posal remains to be seen. However, I whelming responsibilities and chal- think it is imperative that we begin to By Mrs. FEINSTEIN (for herself, lenges in their first year, but in the address this topic now and not simply Mr. HOLLINGS, and Mr. INOUYE): real world, they get little guidance. wait until Congress reconvenes next S. 2929. A bill to establish a dem- When first-year teachers enter the year before we take the issue up. So I onstration project to increase teacher classroom, there is typically little help have joined my colleagues here in in- salaries and employee benefits for available to them, in a year that will troducing legislation that I think ac- teachers who enter into contracts with have a profound impact on the rest of complishes several important objec- local educational agencies to serve as their professional career. They are tives. master teachers; to the Committee on ‘‘out there alone,’’ virtually isolated in The most important provision, I be- Health, Education, Labor, and Pen- their classroom, thrown into an unfa- lieve, is its most elemental concept: sions. miliar school and classroom with a We require that before consumers are MASTER TEACHER LEGISLATION room full of new faces. By the current asked to provide personal information Mrs. FEINSTEIN. Mr. President, sink-or-swim method, new teachers about themselves, they must be given today Senators HOLLINGS, INOUYE, and often find themselves ill equipped to an opportunity to review the website’s I are introducing a bill to create a dem- deal with the educational and discipli- privacy policy in order to learn how onstration grant program to help nary tasks of their first year. their information will be utilized. school districts create master teacher In California, 23 percent of teachers While many websites have privacy poli- positions. in kindergarten through the third cies, including the vast majority of Our bill authorizes $50 million for a grade are novices. Furthermore, we those websites receiving the most traf- five-year demonstration program under have 30,000 inexperienced teachers on fic, there are still many websites out which the Secretary of Education emergency credentials in California, there that do not offer privacy policies would award competitive grants to over ten percent of our teaching work- or adequate protections for consumers. school districts to create master teach- force. In addition, many of the privacy poli- er positions. Federal funds would be A new teacher can get experienced cies that do exist are very lengthy and equally matched by states and local guidance from a master teacher who is often quite confusing to consumers. governments so that $100 million total paired with the new teacher. The mas- There are pages and pages of ambig- would be available. Under the bill, 5,000 ter teacher can help plan lessons, im- uous legalese and often seemingly con- master teacher positions could be cre- prove instructional methods, and deal tradictory claims about how protected ated, or 100 per State, if each master with discipline problems. ‘‘If you’re [a your information truly is. So our bill teacher were paid $20,000 on top of the master teacher] teaching a class, then also calls on the Federal Trade Com- current average teacher’s salary. you can say, ‘last week I handled a dis- mission to ensure that privacy policies As defined in this amendment, a mas- cipline problem this way.’ It’s much are ‘‘clear, conspicuous, and easily un- ter teacher is one who is credentialed; more credible.’’ said Carl O’Connell, a derstood,’’ and that any consent mech- has a least five years of teaching expe- New York mentor teacher. anisms shall be ‘‘easy to use, easily ac- rience; is judged to be an excellent ENHANCING THE TEACHING PROFESSION cessible, and shall be available online.’’ teacher by administrators and teachers Second, master teacher programs can Finally, this legislation recognizes who are knowledgeable about the indi- bring more prestige to teaching as a the importance of allowing the Inter- vidual’s performance; and is currently profession, by increasing the teacher’s net industry to continue to promote teaching; and enters into a contract salary, by rewarding experience, and by greater self-regulation and to develop and agrees to serve at least five more giving teachers opportunities to super- new technology means for to continue years. vise others. A master teacher designa- to evolve and to help us address legiti- The master teacher would help other tion is a way to recognize outstanding mate consumer privacy concerns. teachers to improve instruction, ability and performance. A master There have been several initiatives un- strengthen other teachers’ skills, men- teacher position can give teachers a dertaken by industry leaders to get tor lesser experienced teachers, develop professional goal, a higher level to pur- websites to develop and post privacy curriculum, and provide other profes- sue. A 1996 report by the National Com- policies and to give consumers the op- sional development. mission for Teaching and America’s tion of when to provide information The intent of this bill is for districts Future said that creating new career and for what uses. This legislation is to pay each master teacher up to paths for teachers is one of the best designed to allow such efforts to con- $20,000 on top of his or her regular sal- ways to give educators the respect they tinue and to provide for technological ary. Nationally, the average teacher deserve and to ensure that proven advances in the area of privacy to ben- salary is $40,582. In California, it is teaching methods spread quickly and efit consumers. For instance, Ford and $44,585. Elementary school principals broadly. other companies have been partici- receive $64,653 on average nationally In one survey of teachers which pating in the Privacy Leadership Ini- and $72,385 in California. The thrust of asked which factors make teachers tiative whereby companies engaged on- the master teacher concept in this bill stay in teaching, 79 percent of teachers line are working to establish industry is to pay teachers a salary closer to said that respect for the teaching pro- guidelines and protocols for protecting that of an administrator to keep good fession is needed in order to retain consumers privacy. Nothing we do here teachers in teaching. qualified teachers. Eighty percent said today should inhibit such industry ef- The bill requires State and/or local that formal mentoring programs for forts. districts to match federal funds dollar beginning teachers is key (Scholastic/

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00089 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.003 S26JY0 16372 CONGRESSIONAL RECORD—SENATE July 26, 2000 Chief State School Officers’ Teacher ers will leave the profession in three taining the highest quality of teaching, Voices Survey, 2000). Over 70 percent of years, according to an article in the providing teachers with career options teachers said that more planning time February 9, 2000, Los Angeles Times. that do not require them to leave with peers is needed to keep teachers California will need 300,000 new teaching to assume additional respon- in the classroom. This amendment teachers by 2010. ‘‘More students to sibilities and leadership roles.’’ should help. teach, smaller classes, teachers leaving I believe this bill can begin to pro- IMPROVING RETENTION, REDUCING TURNOVER or retiring means that California vide teachers the real professional sup- Because of the higher pay and en- school districts are now having to hire port they need, can attract and retain hanced prestige, a master teacher pro- a record 26,000 new teachers each teachers and can bring to the profes- gram can help to recruit and retain year,’’ says the report, ‘‘Teaching and sion the prestige it deserves. teachers. Mentor systems provide new California’s Future, 2000.’’ California’s I urge my colleagues to join us in teachers with a support network, some- enrollment is growing at three times support of this bill. one to turn to. Studies indicate higher the national rate. With these kinds of By Mr. MURKOWSKI: retention rates among new teachers demands, understaffing often leads to S. 2931. A bill to make improvements who participate in mentoring pro- under qualified and new teachers enter- to the Arctic Research and Policy Act grams. According to Yvonne Gold of ing the classroom. We have to do all we of 1984; to the Committee on Govern- California State University-Long can to attract and retain good teach- ment Affairs. Beach, 25 percent of beginning teachers ers. IMPROVEMENTS TO THE ARCTIC RESEARCH AND do not teach more than two years and EXAMPLES OF MASTER TEACHER PROGRAMS POLICY ACT OF 1984 nearly 40 percent leave in the first five California has instituted several pro- Mr. MURKOWSKI. Mr. President, years. In the Rochester, New York, sys- grams along these lines. California has today I rise to introduce legislation to tem, the teacher retention rate was a program to help beginning teachers. improve the operation of the Arctic Re- nearly double the national average five It has grown from $5 million (sup- search and Policy Act. We have about years after establishing a mentoring porting 1,100 new teachers in 1992) to 15 years of experience with this Act, program. nearly $72 million (serving 23,000 new and the time has come to make some As Jay Matthews wrote in the May 16 teachers in 1999–2000). But even with modifications to reflect the experience Washington Post, programs like this this increase, the program still does we have gained over that time. ‘‘can provide a large boost to the pro- not serve all new teachers,’’ according The most important feature of this fession’s image for a relatively small to the report, Teaching and Califor- bill is contained in Section 4. This sec- amount of money.’’ These programs nia’s Future, 2000. tion authorizes the Arctic Research can keep good teachers in the class- The Rochester City, New York, Commission, a Presidential Commis- room, instead of losing them to school school system has a Peer Assistance sion, to make grants for scientific re- administration or industry. Larkspur, and Review Program, begun by the search. Currently, the Commission can California, School Superintendent Bar- schools and the Rochester Teacher As- make recommendations and set prior- bara Wilson says she is ‘‘witnessing a sociation. The Rochester program is ities, but it cannot make grants. Our steady exodus to dotcom and other, working. ‘‘The evaluation is absolutely experience with the Act and the Com- more lucrative industries.’’ (San Fran- spectacular. The program has been a mission has shown us that research cisco Chronicle, March 26, 2000). terrific success. It has been deemed a needs that do not fit neatly in a single Higher salaries and prestige for mas- success by mentors, by the panel, by agency do not get funded, even if they ter teachers could deter the drain from the district, by the union, and, most are compelling priorities. the classrooms. importantly, by the interns them- One example is a proposed Arctic HOLDING TEACHERS ACCOUNTABLE selves,’’ reported the newspaper, New contamination initiative that was de- Another reason for this amendment York Teacher. veloped a few years ago after we dis- is that teacher mentoring programs Delaware provides mentors for begin- covered that pollutants from the can make teacher performance more ning teachers. ‘‘Not only are beginning Former Soviet Union—including radio- accountable. A master teacher can help teachers receiving the support they nuclides, heavy metals and persistent novice teachers improve their teaching need, but the mentoring program is organic pollutants—were working their and get better student achievement. also developing networks among teach- way into the Arctic environment. It be- ‘‘Teachers cannot be held accountable ers within districts and across the came clear that the job of monitoring for knowledge based, client-oriented state, and the mentors have ‘a new en- and evaluating the threat was too big decisions if they do not have access to thusiasm’ for teaching,’’ as reported in for any single agency. The Interior De- knowledge, as well as opportunities for ‘‘Promising Practices’’ in 1998. partment, given its vast land manage- consultation and evaluation of their Columbus, Ohio, schools instituted a ment responsibilities in Alaska, was in- work,’’ said Adam Urbanski, President Peer Assessment and Review program terested. The Commerce Department, of the Rochester, New York, Teachers similar to Rochester’s. It has two com- given the jurisdiction over fisheries Association. He went on: ‘‘Unsatisfac- ponents: the intern program for all issues, was interested. The Department tory teacher performance often stems newly hired teachers and the interven- of Health and Human Services, given from inadequate and incompetent su- tion program for teachers who are hav- its concern about the health of Alas- pervision. Administrators often lack ing difficulties in the classroom teach- ka’s indigenous peoples, was inter- the training and the resources to su- ing. According to the State Education ested. The only agency that didn’t pervise teachers and improve the per- Agency, ‘‘the district has a lower rate seem interested in the problem, formance of those who are in serious of attrition than similar districts be- strangely enough, was the EPA, which trouble.’’ cause of PAR.’’ (Promising Practices, at the time was in the process of dis- Good teachers are key to learning. 1998). mantling its Arctic Contaminants pro- Lower math test scores have been cor- The funds provided in this bill can gram. related with the percentage of math supplement and expand existing State Unfortunately, because the job was teachers on emergency permits and programs and help other States start too big for any single agency, it was higher math test scores were linked new programs. difficult to get the level of interagency both to the teachers’ qualifications and STUDENTS ARE THE WINNERS cooperation necessary for a coordi- to their years of teaching experience, The true beneficiaries of master nated program. Moreover, agencies according to ‘‘Professional Develop- teacher programs are the students and were unwilling to make a significant ment for Teachers, 2000.’’ that is, or course, our fundamental budgetary commitment to a program CALIFORNIA WOULD BENEFIT goal. As stated in Rochester’s teaching that wasn’t under their exclusive con- This bill could be very helpful in manual, the goal is ‘‘to improve stu- trol. If the Arctic Research Commis- California where one-fifth of our teach- dent outcomes by developing and main- sion, which recognized the need, had

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00090 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.003 S26JY0 July 26, 2000 CONGRESSIONAL RECORD—SENATE 16373 some funding of its own to leverage Mr. President, the Arctic Research There being no objection, the bill was agency participation and help to co- and Policy Act and the Arctic Research ordered to be printed in the RECORD, as ordinate the effort, we would know far Commission has worked well over the follows: more about the Arctic contaminants past 15 years. It can work even better S. 2933 problem than we do today. with these modest changes. I look for- Be it enacted by the Senate and House of Rep- Another example is the compelling ward to working with my colleagues to resentatives of the United States of America in need to understand the Bering Sea eco- enact this bill as soon as possible. Congress assembled, system. Over the past 20 years we have SECTION 1. REMEDIAL ACTION AT ACTIVE URA- seen significant shifts in some of the By Mr. NICKLES: NIUM AND THORIUM PROCESSING SITES. populations comprising this ecosystem. S. 2933. A bill to amend provisions of King crab populations have declined Section 1001(b) of the Energy Policy Act of the Energy Policy Act of 1992 relating 1992 (42 U.S.C. 2296a(b)) is amended— sharply. Pollock populations have in- to remedial action of uranium and tho- (1) in paragraph (1)(B)— creased sharply. Steller sea lion popu- rium processing sites; to the Com- (A) in clause (i), by striking ‘‘2002’’ and in- lations have declined as have many mittee on Energy and Natural Re- serting ‘‘2007’’; and types of sea birds. Scientists cannot sources. (B) in clause (ii), by striking ‘‘placed in es- tell us whether these population shifts crow not later than December 31, 2002,’’ and are due to abiotic factors such as cli- TO AMEND PROVISIONS OF THE ENERGY POLICY inserting ‘‘incurred by a licensee after De- mate change, biotic factors such as ACT OF 1992 cember 31, 2007,’’; and predator-prey relationships, or some Mr. NICKLES. Mr. President, I rise (2) in paragraph (2)(E)(i), by striking ‘‘July combination of both. Because the na- today to introduce a bill to amend pro- 31, 2005’’ and inserting ‘‘December 31, 2008’’. tion depends on this area for a signifi- visions of the Energy Policy Act of 1992 relating to remedial action of active By Mr. TORRICELLI: cant portion of all its seafood, this is S. 2934. A bill to provide for the as- uranium and thorium processing sites. not an issue without stakeholders. De- sessment of an increased civil penalty On October 24, 1992, President Bush spite the chorus of interests and fed- in a case in which a person or entity signed the National Energy Policy Act eral agencies that have said research is that is the subject of a civil environ- of 1992 (EPACT) into law. Title X of needed, a coordinated effort has not mental enforcement action has pre- EPACT authorized the Department of yet occurred. If the Arctic Research viously violated an environmental law Energy to reimburse uranium and tho- Commission, which recognized this or in a case in which a violation of an rium processing licensees for the por- need early on, had some funding of its environmental law results in a cata- tion of the costs incurred in the reme- own to leverage agency participation strophic event; to the Committee on diation of mill tailings, groundwater and help to coordinate the effort, we Environment and Public Works. would know far more about the Bering and other by-product material gen- erated as a result of sales to the federal THE ZERO TOLERANCE FOR REPEAT POLLUTERS Sea ecosystem than we do today. ACT OF 2000 This bill also makes a number of government pursuant to the Atomic Mr. TORRICELLI. Mr. President, I other minor changes in the Act: Energy Commission’s procurement pro- rise today to draw attention to the in- Section 2 allows the Chairperson of gram. the Commission to receive compensa- creased number of environmental en- The Title X reimbursement program forcement actions brought against re- tion for up to 120 days per year rather has worked very well. The licensees than the 90 days per year currently al- peat violators in the United States. have completed much of the surface In 1970, many of America’s rivers and lowed by the Act. The Chairperson has reclamation at the Title X sites. How- a major role to play in interacting with lakes were dying, our city skylines ever, increasingly stringent remedi- were disappearing behind a shroud of the Legislative and Executive branches ation standards and groundwater de- of the government, representing the smog, and toxic waste threatened contamination programs have signifi- countless communities. Today, after a Commission to non-governmental orga- cantly increased the cost and time nec- nizations, in interacting with the State generation of environmental safe- essary to complete remediation at guards, our rivers and lakes are becom- of Alaska, and serving in international many sites. Under current law, in order fora. In the past, chairpersons have ing safe for fishing and swimming for a licensee to be eligible to recover again. Millions more Americans enjoy been unable to fully discharge their re- the federal share of remediation costs sponsibilities in the 90 day limit speci- clean air and safe drinking water, and incurred subsequent to December 31, many of our worst toxic dumps have fied in the Act. 2002, the licensee must describe and Section 3 authorizes the Commission been cleaned. Yet more remains to be quantify all costs expected to be in- to award an annual award not to ex- done before we can truly say our envi- curred throughout the remainder of the ceed $1,000 to recognize either out- ronment is a healthy environment. site’s cleanup in a plan for subsequent standing research or outstanding ef- Indeed, in 1997 alone, over 11,000 envi- remedial action. This plan must be sub- forts in support of research in the Arc- ronmental enforcement actions had to mitted to the Department of Energy tic. The ability to give modest awards be taken at the State and Federal lev- before December 31, 2001 and approved will bring recognition to outstanding els. Sadly, it is also becoming much prior to December 31, 2002. efforts in Arctic Research which, in more common for the defendants in turn, will help to stimulate research in This bill would amend Title X to ex- these actions to be repeat violators. the Arctic region. This section also tend the date, from 2002 to 2007, For instance, in 1994, a chemical com- specifies that a current or former Com- through which licensees can submit pany in New Jersey was fined $6,000 for mission member is not eligible to re- claims for reimbursement under the environmental violations. Just four ceive the award. procedures now in place and extend the years later, the same chemical com- Section 5 authorizes official rep- date until December 31, 2007 that li- pany was again cited for an environ- resentative and reception activities. censees must submit their plans for mental crime—releasing cresol into the Because the Commission is not author- subsequent remedial action to the De- air. Unfortunately, this time 53 chil- ized to use fund for these kinds of ac- partment of Energy. This legislation dren and 5 adults had to be hospitalized tivities, the Commission has experi- does not seek any increase in the exist- and the EPA had to evacuate the local enced embarrassment when they were ing authorization. It merely provides community. unable to reciprocate after their for- the time necessary to prepare the plans Incidents such as this are becoming eign counterparts hosted a reception or on a more informed basis and avoid the all too common. Under current law, the lunch on their behalf. Under this provi- unintended hardship which would like- penalties for repeat environmental vio- sion, the Commission may spend not ly result from the 2002 deadline. lators, or parties responsible for envi- more than two tenths of one percent of Mr. President, I ask unanimous con- ronmental catastrophes resulting in se- its budget for representation and recep- sent that the bill be printed in the rious injury, are too low. Indeed, paltry tion activities in each fiscal year. RECORD. fines are insufficient deterrents for

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00091 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.003 S26JY0 16374 CONGRESSIONAL RECORD—SENATE July 26, 2000 large corporations or parties that re- givers who are struggling in our com- cities and counties are ‘‘elder-ready;’’ peatedly commit environmental munities, while also encouraging all calls for studies to determine how best crimes. Between 1994 and 1998, New Jer- Americans to better plan for their own to meet Americans’ future long-term sey had 774 repeat violators—more retirements. care needs; and includes a Sense of the than any other State in the nation. Many seniors move to Florida with Senate affirming the body’s commit- This lack of deterrence has serious re- plans of a comfortable retirement, but ment to ensuring seniors’ physical, percussions for the environment and all too often, these hopes are never re- emotional, and financial well-being in public health. alized. A stroke or Alzheimer’s Disease the new century. To provide a real safeguard against strikes and a family is quickly over- The long-term care crisis we face these repeat violators, today I will in- whelmed by their long-term care costs demonstrates that we have neglected troduce the ‘‘Zero Tolerance for Repeat and responsibilities. To complicate this issue for far too long. But we must Polluters Act of 2000.’’ This legislation matters, many spouses of disabled sen- act now. The large number of seniors will create stiffer penalties for repeat iors are frail themselves, and so find it and their caregivers who are suffering violators of environmental safeguards increasingly difficult to meet the needs in our communities today and the fu- and provides penalties that will more of their loved ones. ture needs of the Baby Boomers require accurately reflect the costs to public Caregiving is also a huge concern for it. A big problem requires a big solu- health and the environment of cata- the millions of Americans in the sand- tion, and this bill helps protect seniors strophic events. The bill also gives the wich generation, those who are caring today and in the future. EPA emergency order and civil action both for their children and their par- All of the cosponsors of this legisla- authority to address imminent and ents, while also balancing work obliga- tion have championed the need to meet substantial endangerments of health tions. Almost one-third of all care- seniors’ long-term care needs. The fact and environment and creates a new givers is juggling employment and that we have all come together in a bi- EPA trust fund into which recovered caregiver responsibilities, and of this partisan manner demonstrates that the funds can be used to address other sig- group, two-thirds have conflicts that Senate is committed to addressing this nificant threats. require them to quit work, cut hours, issue in a meaningful way. I look for- Repeat environmental polluters that or turn down promotions. ward to working with my colleagues negligently endanger the public with It is clear that too many Americans and the many organizations that sup- their actions or inaction will not be are now being forced to sacrifice their port this bill to make comprehensive tolerated. No individual or business health and their careers to care for long-term care reform a reality. should be able to endanger the public’s their loved ones. To help, this bill: pro- Ms. MIKULSKI. Mr. President I rise health and safety with only the threat vides the disabled or their caregivers as a proud original cosponsor of the of a slap on the wrist hanging over with a $3,000 long-term care tax credit; Omnibus Long-Term Care Act of 2000. I them. The ‘‘Zero Tolerance for Repeat implements the National Family Care- am very pleased to join Senators Polluters Act of 2000’’ goes a long way giver Support Program, which will pro- GRAHAM, GRASSLEY, BAYH, COLLINS, towards ensuring that public health vide caregivers with information and BREAUX, and AKAKA to introduce this and the environment are truly pro- services to help them meet their re- bipartisan legislation that provides a tected for future generations. sponsibilities; increases Social Services comprehensive approach to the long- Block Grant funding for community- term care of our nation’s citizens. I am By Mr. GRAHAM (for himself, based long-term care services; and en- committed to finding long-term solu- Mr. GRASSLEY, Ms. MIKULSKI, sures that seniors can return to their tions to the long-term care problem in Mr. BAYH, Mr. BREAUX, Ms. nursing home after hospitalization. our country. COLLINS, and Mr. AKAKA): This bill can also avert the long-term I like this bill because it meets the S. 2935. A bill to amend the Employee care crisis that will result if we do day-to-day needs of Marylanders and Retirement Income Security Act of nothing to prepare for the aging of the the long-range needs of our country. At 1974, the Internal Revenue Code of 1986, Baby Boomers. Millions who are strug- least 5.8 million Americans aged 65 and and the Public Health Service Act to gling to care for their parents today older currently need long-term care. increase Americans’ access to long will soon need long-term care them- While this legislation has many impor- term health care, and for other pur- selves. Baby Boomers had a higher di- tant provisions, I would like to high- poses; to the Committee on Finance. vorce rate and fewer children than to- light three of its features: the National THE OMNIBUS LONG-TERM CARE ACT OF 2000 day’s seniors, so they will not have the Family Caregiver Support Program, Mr. GRAHAM. Mr. President, it is same support network that today’s re- long-term car insurance for federal em- with great pleasure that I rise today to tirees enjoy. ployees, and the ‘‘return to home’’ pro- introduce the Omnibus Long-term Care With more seniors needing more paid vision. Act of 2000 with my colleagues Sen- help in the future, costs will sky- First, this bill would establish the ators GRASSLEY, MIKULSKI, BAYH, rocket. According to the Congressional National Family Caregiver Support BREAUX, COLLINS, and AKAKA. Budget Office, individual out-of-pocket Program. I am proud to have sponsored Americans in need of long-term care costs for long-term care could nearly and cosponsored this legislation pre- now face a fragmented and inadequate double from $43 billion today to $82 bil- viously in this Congress. This program system of state and federal programs. lion in 2020, and government’s costs will provide respite care, training, This is no longer acceptable. Millions could increase from $73 billion to $125 counseling, support services, informa- are struggling today to meet their billion in the same period. It is clear tion and assistance to some of the mil- long-term care needs, and these num- that future retirees and the govern- lions of Americans who care for older bers will grow dramatically as the ment cannot afford business as usual. individuals and adult children with dis- country ages. While Medicare reform is We must ask all Americans to take abilities. In fact, eighty percent of all important, we will have accomplished more responsibility for their own long- long-term care services are provided by little if we address seniors’ acute care term care needs. To help bring this family and friends. This program has needs, but then leave them to suffer in about, this bill: offers a tax deduction strong bipartisan support, will get be- poverty when they require long-term for the premiums of long-term care in- hind our nation’s families, and give care. surance policies; provides long-term help to those who practice self-help. I am pleased to introduce bipartisan care insurance to federal employees; As Ranking Member of the Sub- legislation that demonstrates the Sen- authorizes a national public informa- committee on Aging, I am pleased to ate’s commitment to addressing this tion campaign to educate employers report that last week the Health, Edu- issue in a comprehensive way. The Om- and employees about the benefits of cation, Labor, and Pensions Committee nibus Long-term Care Act of 2000 will long-term care coverage; mandates a unanimously approved a bipartisan bill help millions of seniors and their care- federal survey to determine whether to reauthorize the Older Americans Act

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00092 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.003 S26JY0 July 26, 2000 CONGRESSIONAL RECORD—SENATE 16375 (OAA). This bill included the caregiver not have a contract with the resident’s insurance programs will pay for long- support program which is strongly sup- facility. term care. They do not. Although ported by the entire aging community. Across the country seniors in man- Medicare provides some long-term care As I work with Senators JEFFORDS, aged care plans have discovered too support, an individual generally must KENNEDY, and DEWINE and our col- late that after a hospital stay, they ‘‘spend-down’’ his or her income and leagues in the House to pass the OAA may be forced to return to a facility in assets to qualify for coverage. reauthorization in September, I want the plan’s provider network and not to More and more Americans are requir- to strongly urge fellow appropriators the continuing care retirement com- ing long-term care. About 6.4 million in the House and Senate to fund these munity or skilled nursing facility Americans, aged 65 or older, require vital caregiver support services as where they live. No senior should have some long-term care due to illness or close as possible to the full funding to face this problem. In Maryland disability. Over five million children level of $125 million. Millions of Ameri- alone, there are over 12,000 residents in and adults under the age of 65 also re- cans are waiting for Congress to act. 40 continuing care retirement commu- quire long-term care because of health Second, I think it is important that nities and 24,000 residents in over 200 li- conditions from birth or a chronic ill- this bill includes the Long-Term Care censed nursing facilities. I have visited ness developed later in life. Only 12 per- Security Act. This bill would enable many of these facilities and heard from cent receive care in nursing homes or federal and military workers, retirees, residents and operators about this seri- other institutional settings. and their families to purchase long- ous and unexpected problem. The need for long-term care is great. term care insurance at group rates Residents choose and pay for facili- In 20 years, one in six Americans will (projected to be 15–20 percent below the ties like continuing care retirement be age 65 or older. By the year 2040, the private market). It would create a communities (CCRC’s) for the con- number of Americans age 85 years or model that private employers can use tinuum of care, safety, security, and older will more than triple to over 12 to establish their own long-term care peace of mind. Hospitalization is trau- million. The cost of nursing home care insurance programs. As our nation’s matic. Friends, family, and familiar now exceeds $40,000 per a year in most largest employer, the federal govern- staff and faces are crucial to a speedy parts of the country, and home care ment can be a model for employers recovery. Where you return after a hos- visits for nursing or physical therapy around the country whose workforce pital stay should be based on humanity runs about $100 per visit. In 1996, over will be facing the same long-term care and choice, not the managed care com- $107 billion was spent on nursing homes needs. Starting with the nation’s larg- pany’s bottom line. and home health care. However, this Specifically, the Seniors’ Access to est employer also raises awareness and figure does not take into account that Continuing Care Act protects residents education about long-term care op- over 80 percent of all long-term care of CCRC’s and nursing facilities by: en- tions. services are provided by family and abling them to return to their facility Yesterday, the Senate passed the friends. after a hospitalization; and requiring Long-Term Care Security Act (H.R. In my own state of Hawaii, 13.2 per- the resident’s insurer or managed care 4040). I am proud to be the lead Demo- cent of the population is 65 years and organization (MCO) to cover the cost of cratic sponsor of the Senate companion older. Although Hawaii enjoys one of the care, even if the insurer does not to this bill, S. 2420, because it gives the highest life expectancies—79 years, have a contract with the resident’s fa- people choices, flexibility, and secu- compared to a national average of 75 cility. Certain conditions must be met. years—the state’s rapidly aging popu- rity. Families will have an additional This legislation also requires an in- option available to them as they look surer or MCO to pay for a service to lation will greatly impact available re- at their long-term care choices. This one of its beneficiaries, without a prior sources for long-term care, both insti- provision would also help reduce reli- hospital stay, if the service is nec- tutional and from non-institutional ance on federal programs, like Med- essary to prevent a hospitalization of sources. Hawaii’s long-term care facili- icaid, so the American taxpayer bene- the beneficiary and the service is pro- ties are operating at full capacity. Ac- fits. vided as an additional benefit. Lastly, cording to the Hawaii State Depart- This legislation also provides people the bill requires an insurer or MCO to ment of Health, the average occupancy with flexibility because it allows them provide coverage to a beneficiary for rate peaked at 97.8 percent in 1994. But to receive care in different types of set- services provided at a facility in which occupancy remains high. By 1997, the tings. They may choose to be cared for the beneficiary’s spouse already re- average occupancy dropped to 90 per- in the home by a family caregiver—or sides, even if the facility is not under cent. they may need a higher level of care contract with the MCO. Certain re- These statistics point to the over- that nursing homes and home health quirements must be met. These provi- riding need to help American families care services provide. Different plan re- sions are an important part of our safe- provide dignified and appropriate care imbursement options will ensure max- ty net for seniors. to their parents and relatives. We know imum flexibility that meet the unique I want to salute the strong leadership that the demand for long-term care health care needs of the beneficiary. of the other cosponsors of this legisla- will increase with each passing year, Long-term care insurance also pro- tion who have authored various provi- and that federal, state, and local re- vides families with some security. sions of this comprehensive bill that sources cannot cover the expected Family members will not be burdened we have joined together to introduce costs. Nursing home costs are expected by trying to figure out how to finance today. I know that all the cosponsors to reach $97,000 by the year 2030. health care needs—and beneficiaries are sincerely committed, as I am, to What Congress can do, however, it will be able to make informed decisions addressing the challenges facing our make long-term care insurance avail- about their future. aging population. I look forward to able to a broad segment of the popu- Finally, I am pleased that the bill we working with all of them to enact this lation. As the ranking minority mem- have introduced includes bipartisan important legislation. ber of the Subcommittee on Federal legislation that I have previously spon- Mr. AKAKA. Mr. President, it is with Services, I co-chaired a hearing on sored, the Seniors’ Access to Con- great pleasure that I cosponsor the long-term care insurance on May 16, tinuing Care Act (S. 1142). This legisla- Omnibus Long-term Care Act of 2000, 2000. We heard testimony on S. 2420, tion protects seniors’ access to treat- introduced by Senator GRAHAM. The legislation to authorize the Office of ment in the setting of their choice and cosponsors of this legislation are well- Personnel Management to contract ensures that seniors who reside in con- known for their commitment to en- with one or more insurance carriers for tinuing care communities, and nursing couraging all Americans to prepare for long-term care insurance for federal and other facilities have the right to their own long-term needs. and military personnel and their fami- return to that facility after a hos- Many Americans mistakenly believe lies. As a cosponsor of that bill, I am pitalization, even if the insurer does that Medicare and their regular health pleased that just last night, the Senate

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00093 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.003 S26JY0 16376 CONGRESSIONAL RECORD—SENATE July 26, 2000 passed our measure after substituting years through a 30 percent tax credit applying for federal grant funds to pro- the text of S. 2420 under H.R. 4040, the for businesses who provide capital to vide substance abuse treatment. It House long-term care bill for the fed- lower income communities. Secondly, would also require the IRS to provide eral family. The bill, as amended, also the bill authorizes the designation of guidance and make information avail- includes provisions of S. 1232, the Fed- America’s Private Investment Compa- able to assist religious and community eral Erroneous Retirement Coverage nies (APIC’s) which would receive fed- organizations in establishing tax-ex- Corrections Act, which I cosponsored eral matching funds for private invest- empt entities that can be used to oper- with Senator COCHRAN last year. These ments made in lower income areas. ate social services. provisions will provide relief to the es- This provision would allow $1 billion in Many of these organizations are un- timated 20,000 federal employees who, federal low-cost loans to match $500 familiar with the process necessary to through no fault of their own, found million in private investment. Thirdly, set up a tax-exempt organization and themselves in the wrong retirement the bill would create a new class of are, therefore, unable to participate in system. H.R. 4040, as amended, offer a venture capital funds to assist with the federal grant programs. This provision model for the private sector. I am de- operation and administration of ongo- would provide them with the necessary lighted that similar legislation pro- ing businesses in lower income areas, information and assistance. viding long-term care insurance for who have growth potential, so they can Mr. President, the ‘‘Creating New federal employees and military per- continue to expand. Markets and Empowering America Act of 2000’’ will spur economic growth in sonnel is included in Senator GRAHAM’s The bill also requires mandatory bill, and I welcome the opportunity to funding for Round II Empowerment low to moderate income communities join with him in helping Americans Zones (EZ’s) and Enterprise Commu- across our nation. As such, it will im- meet their long-term care needs in a nities (EC’s) and creates a new set of prove the lives of countless Americans. dignified manner. Round III EZ’s. I urge my colleagues to support this The bill introduced today provides a Mr. President, the mandatory fund- important legislation. Mr. BAUCUS. Mr. President, I rise comprehensive effort to address our ing of Round II Empowerment Zones is today to cosponsor the Creating New citizens’ long-term care needs. Among critically important to the citizens of Markets and Empowering America Act its provisions are the authorization of Norfolk and Portsmouth, Virginia. The of 2000. We are living in a time of un- a phased-in tax deduction for the pre- Federal Government made a commit- precedented prosperity. However this miums of qualified long-term care in- ment to these two communities—they prosperity has not reached every Amer- need and deserve the funding—and I am surance, implementation of the Na- ican equally. The boom on Wall Street determined to get the check in the tional Family Caregiver Support Pro- has not reached Main Street in many mail to them. With this legislation, the gram, restoration of $2.38 billion au- regions of our nation. The problem is Norfolk-Portsmouth Empowerment thorization for the Social Services quite simple. Many of our lower income Zone would be guaranteed the remain- Block Grant, and creation of a national communities are unable to attract the ing $94 million it was promised when it public information campaign. investment capital that is allowing competed for the Empowerment Zone Mr. President, I am pleased to be an more affluent areas to flourish. As the original sponsor of this bill. designation. United States economy continues to The legislation I’m introducing today grow it has become more and more ap- By Mr. ROBB (for himself, Mr. also creates 40 Renewal Communities— parent that attracting capital to these DASCHLE, Mr. BAUCUS, Mr. which reflect the agreement between communities is one of the largest chal- BREAUX, Mr. DODD, Mr. DORGAN, President Clinton and Speaker lenges facing the private sector and all Mr. JOHNSON, Mr. KENNEDY, Mr. HASTERT—along with a host of tax pro- levels of government. KERREY, Mr. KERRY, Mr. LEAHY, visions to expand and revitalize hous- It is important to keep in mind that Mr. LIEBERMAN, Mrs. LINCOLN, ing. this is not just an urban problem. Mr. REID, Mr. ROCKEFELLER, Very important to my home state of Many rural communities, especially Mr. SCHUMER, Mr. TORRICELLI, Virginia, this bill contains legislation I those that rely on agriculture, are Mr. HARKIN, and Mr. BAYH): introduced earlier this year (S. 2445) to watching their jobs disappear with S. 2936. A bill to provide incentives assist communities affected by job loss nothing on the horizon in the form of for new markets and community devel- due to trade. The Assistance in Devel- new business or industry to offer much opment, and for other purposes; to the opment for Communities Act (AID for hope. My home state of Montana is fac- Committee on Finance. Communities Act) both assists commu- ing this economic turmoil right now. A CREATING NEW MARKETS AND EMPOWERING nities in developing a plan to retool state that was built on agriculture, AMERICA ACT OF 2000 their economies and offers financial as- mining, and timber has watched these Mr. ROBB. Mr. President, I rise sistance and tax incentives to help industries diminish to the point that today to introduce the Creating New communities implement those plans. Montana is now 50th in per-capita in- Markets and Empowering America Act Mr. President, the AID for Commu- come relative to other states—dead of 2000, which is designed to strengthen nities Act is immensely important to last. and revitalize low and moderate in- the people of Martinsville, Virginia— We often hear the phrase ‘‘digital di- come communities across America. who have suffered economic devasta- vide.’’ Well, Montana is standing on Because we made some tough choices tion from the recent closing of a Tultex the edge of an economic divide, but we to balance our budget, we have the plant. This bill would give the citizens are not quitters. Montana has much to first federal surplus since Lyndon of Martinsville the urgent assistance offer. We have an unparalleled quality Johnson was President. And now is the they need to strengthen their economy of life, a highly-educated work force, a time to give some back, particularly to and create a more vibrant future for all burgeoning high-tech sector, and top- those who have missed out on so much who live there. notch schools. In many respects, we are of our economic prosperity. This legis- Finally, Mr. President, this legisla- right on the cusp of an economic up- lation would pump new capital into our tion includes two new initiatives to swing. However, we are having an ex- nation’s inner cities and isolated rural help religious and other community or- tremely difficult time attracting the communities—areas that have had a ganizations better participate in fed- investment capital that we need to be- difficult time building up from within. eral grant programs. Specifically, it re- come a partner in the Internet main- The legislation contains three ‘‘New quires the Substance Abuse and Mental stream, create good paying jobs, and Markets’’ initiatives designed to at- Health Services Administration to pro- truly turn the economic corner. tract and expand new capital into low vide assistance in a manner similar to This past June over the course of two to moderate income areas. First, a New HUD’s Office of Community and Faith- days, I convened a Montana Economic Markets Tax Credit would infuse $15 Based Organizations to assist faith- Development Summit that brought to- billion in investments over the next 7 based and community organizations in gether not only our state’s leaders and

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00094 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.003 S26JY0 July 26, 2000 CONGRESSIONAL RECORD—SENATE 16377 decision makers, but also outside ex- in our inner cities and isolated rural We can make a difference by invest- perts in various disciplines in an effort areas. Our economy is booming, and ing in a new industry of community de- to build a road map for improving Mon- has been for most of the 90s, yet there velopment venture capital funds that tana’s economy. We covered many are still individuals and families who target investment capital and business issues, but primarily focused on high- are struggling. expertise into low- and moderate-in- tech, business development, and mar- What we’ve tried to do is develop eco- come areas to develop and expand local keting and trade. We tackled tough nomic incentives that will encourage businesses that create jobs and allevi- questions such as how we retain and business development and remove bar- ate economic distress. The existing 25 support our current businesses and also riers that make it hard for entre- or 30 community development venture attract new businesses that truly fit preneurs, community organizations capital funds have set out to dem- with Montanans and their values. and individuals to build healthy com- onstrate that the same model of busi- Three points came up time and again. munities. ness development that has driven eco- First, the need for and inability to get Among the many important initia- nomic expansion in Silicon Valley and the necessary investment capital. We tives in this bill is my new markets Route 128 Massachusetts can also make simply do not have the population or legislation that I introduced last Sep- a powerful difference in areas like the resources available that larger states tember, S. 1594, the Community Devel- inner-city areas of Boston’s Roxbury or enjoy. Second, our window of oppor- opment and Venture Capital Act, New York’s East Harlem, or the rural tunity is closing. Time moves faster which passed the Senate Committee on desolation of Kentucky’s Appalachia or than it used to and if we don’t act Small Business today, and as part of Mississippi’s Delta region. quickly the world will move right past the Clinton/Hastert package in the Federal Reserve Board Chairman us. Third, and most importantly, any House yesterday. It also includes full Alan Greenspan says ‘‘Credit alone is action or strategy that we take must funding for Round II of Empowerment not the answer. Businesses must have come from begin locally. Economic de- Zones. equity capital before they are consid- velopment initiatives must be bottom- The Community Development and ered viable candidates for debt financ- up and not top-down or they just will Venture Capital Act has three parts: a ing.’’ He emphasizes that this is par- not work. venture capital program to funnel in- ticularly important in lower-income It is for these three reasons that I am vestment money into distressed com- communities. cosponsoring this legislation. The New munities; Senator WELLSTONE’s pro- What I’m trying to do as Ranking Markets proposals are a quick and effi- gram to expand the number of venture Member of the Small Business Com- cient way to leverage the necessary in- capital firms and professionals who are mittee, and have been working with vestment in lower-income communities devoted to investing in such commu- the SBA to achieve, is expand invest- through private/public partnerships. nities; and a mentoring program to ment in our neediest communities by And it will give these communities the link established, successful businesses building on the economic activity cre- tools they need to map their own eco- with small businesses owners in stag- ated by loans. I think one of the most nomic destiny and create the better nant or deteriorating communities in effective ways to do that is to spur ven- paying jobs that are so desperately order to facilitate the learning curve. ture capital investment in our neediest needed. The venture capital program is mod- communities. I am very glad that Sen- Two portions illustrate the private/ eled after the Small Business Adminis- ator ROBB and my other colleagues public partnership. On the public side, tration’s successful Small Business In- agreed to include this powerful eco- the Trade Adjustment Assistance pro- vestment Company program. As SBA nomic development plan in this legisla- vision will enhance the ability of each Administrator Alvarez pointed out just tion. community to be proactive in crafting last week in a Small Business Com- Switching to another provision in a long-term strategy for economic de- mittee hearing, the SBIC program has this bill, this legislation builds on the velopment. This is crucial for commu- been so successful that it has generated President’s and Speaker’s agreement nities and regions in rural areas that more than $19 billion in investments in by securing full, mandatory funding for are natural resource dependent and more than 13,000 businesses since 1992. Massachusett’s Empowerment Zone. As have suffered severe employment losses And, in the past five years, the SBIC I said earlier, this passed the full House in the past decade. For the private sec- participating securities program has yesterday by a vote of 394 to 27. Full, tor, the New Markets tax credit will returned $224 million in profits, vir- mandatory funding is important be- create opportunity by providing a tan- tually paying for itself for the past cause, so far, the money has dribbled gible incentive for companies to take a nine years. in—only $6.6 million of the $100 million serious look at areas of the country As successful as that program is, it authorized over ten years—and made it that are currently being ignored. does not sufficiently reach areas of our impossible for the city to implement a In closing, this legislation will pro- country that need economic develop- plan for economic self-sufficiency. vide the necessary ingredients for revi- ment the most. One, out of the total Some 80 public and private entities, talizing America’s less fortunate rural $4.2 billion that SBICs invested last from universities to technology compa- areas. It will help target investment to year, only 1.6 percent were deals of less nies to banks to local government, these communities and it will allow than $1 million dollars in LMI areas. showed incredible community spirit them the flexibility to build their Two, only $1.1 million of that $4.2 bil- and committed to matching the EZ economies on their terms and their lion went to LMI investments in rural money, eight to one. Let me say it an- ability. I commend my colleague from areas. Three, in 1999, 85 percent of SBIC other way—these groups agreed to Virginia, Senator ROBB, for intro- deals were $10 million and more. match the $100 million in Federal Em- ducing such proactive legislation that In broader terms, the economy is powerment Zone money with $800 mil- addresses several of the most urgent booming. Since 1993, almost 21 million lion. Yet, regrettably, in spite of this issues facing economically troubled jobs have been created. Since 1992, un- incredible alliance, the city of Boston areas. Finally, I urge my colleagues to employment has shrunk from 7.5 per- has not been able to tap into that le- work together and pass this legislation cent to 4 percent. In the past two veraged money and implement the so that states like Montana can begin years, we’ve paid down the debt $140 strategic plan because Congress hasn’t their long climb back up to economic billion, and CBO currently projects a held up its part of the bargain. I am ex- stability and prosperity. surplus of $176 billion. Some estimates tremely pleased that we were able to Mr. KERRY. Mr. President, today I even say more than $2 trillion. In spite work together and find a way to pro- join Senator ROBB and 16 other col- of these impressive numbers, one out of vide full, steady funding to these zones. leagues to introduce comprehensive five children grows up in poverty and That money means education, daycare, legislation aimed at spurring economic there are pockets of America where un- transportation and basic health care in development and person empowerment employment is as high as 14 percent. areas—in Massachusetts that includes

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00095 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.003 S26JY0 16378 CONGRESSIONAL RECORD—SENATE July 26, 2000 57,000 residents who live in Roxbury, housing for Vermonters. In 1986 the because we made a decision when we Dorchester and Mattipan—where al- Federal Tax Reform Act limited the put in the Medicare+Choice Program, most 50 percent of the children are liv- amount of tax-exempt bonds that each which was really an alternative that ing in poverty and nearly half the resi- state could issue to no more than $50 seniors could choose. We made a deci- dents over 25 don’t even have a high per capita. There has not been an infla- sion as to how we would reimburse the school diploma. tion adjustment to the cap since its in- provider. That decision was made based Mr. President, I thank my colleagues ception. The Vermont Housing Finance upon, as I understand from my good for their work on this important legis- Agency (VHFA) has issued over $1.25 friend, Senator WYDEN—allegedly lation. billion in private activity bonds since based on what they needed to get the Mr. LEAHY. Mr. President, I rise 1974, bonds which have helped make the job done to get the program going. today to give my support to the Cre- dream of home ownership a reality for I don’t intend to be critical, but in ating New Markets and Empowering over 20,425 Vermont households. I am many instances those who had not been America Act of 2000. In a time of un- pleased that this bill includes a cap in- frugal, had not been careful about precedented economic prosperity, there crease from $50 to $75 per capita which costs, got high reimbursements. But if are too many communities in this na- will help Vermont’s finance agencies you lived in Senator WYDEN’s State or tion that are beleaguered by crumbling continue this success. New Mexico, where they were being ex- infrastructures and stagnant econo- Again, I am proud to be a cosponsor tremely frugal in what they charged mies. This legislation will help attract of this bill which will offer many for the services, they got a very low capital, produce much-needed housing, households, businesses and commu- rate. and encourage private investment to nities new opportunities as we enter It is unfortunate, but for Staten Is- communities most in need. the 21st century. I urge my colleagues land the rates of reimbursement are I am proud to join in cosponsoring to join me in support of this legisla- $814; $794 for Dade County—I am not this legislation and would like to tion. complaining; I am stating a dollar thank Senator ROBB for all his hard amount—$702 for New Orleans; and $661 work in crafting this bill. Of particular By Mr. DOMENICI (for himself, for Los Angeles. importance to my home state of Mr. WYDEN, Mr. GRASSLEY, and Senator WYDEN, perhaps, could inter- Vermont are increases in the Low In- Mr. KERREY): vene and tell me what it is in Portland. come Housing Tax Credit and Private S. 2937. A bill to amend title XVIII of Mr. WYDEN. $445. Activity Bond cap. the Social Security Act to improve ac- Mr. DOMENICI. $445; Albuquerque is Vermont is currently in the middle of cess to Medicare+Choice plans through $430, $15 under Oregon. That is all the an affordable housing crisis. Produc- an increase in the annual government will give as reimburse- tion has stalled and demand has risen. Medicare+Choice capitation rates and ment if you decide to get into the HMO In Chittenden County, one of for other purposes; to the Committee business with hospitals and everybody Vermont’s most populated areas, resi- on Finance. else joining together, if you are going dents face a rental vacancy rate of less THE MEDICARE GEOGRAPHIC FAIR PAYMENT ACT to furnish this service. Remember, than one percent. Housing costs are so OF 2000 there are some places getting $800-plus. expensive, middle income families are Mr. DOMENICI. Mr. President, I rise I am not here to take away anything being forced into hotels, college dorms, today with some very distinguished from anyone. That is how our amend- homeless shelters, or left out on the colleagues from both sides of the ment is different. We are not trying to street. Sadly, this is a situation that is aisle—Senator WYDEN, who is here, and take the pie, leave it the same size, and being repeated nationwide. As funding for other federal housing Senator GRASSLEY, who is not here— say those who are getting more money assistance programs has diminished, who are cosponsors of this measure, have to cut back. Rural areas are even states depend more and more on the along with Senator BOB KERREY of Ne- lower and are expected to provide the LIHTC and private activity bonds to fi- braska. same level of benefits or nearly half nance affordable housing projects. The Mr. President, let me suggest for the reimbursement. LIHTC has been extremely successful Senators’ staff who are looking at this There were seniors who had a mar- since its enactment as part of the Tax to look alphabetically. You will find velous Medicare+Choice Program. Why Reform Act of 1986. Today, the LIHTC how much is being reimbursed in your was it good? It was good because for a is one of the primary tools that states cities for the Medicare+Choice reim- reasonable cost they were getting pre- have to attract private investment in bursement. Look at it, and you will see scription drugs, which you don’t get affordable rental housing. In Vermont, how the HMOs are reimbursed to pro- under Medicare, and the whole package the LIHTC has made possible the pro- vide this rather good, fair, and com- was new benefits. Some of them got duction, rehabilitation, and preserva- petitive coverage to the senior citizens. dental insurance, which they don’t get. tion of over 2,600 affordable apartments You will be astounded. Many people Some of them got a number of different since 1987. Unfortunately this credit think New York is covered. They are things they don’t get under Medicare, has not been increased since its cre- getting a very high rate of reimburse- for a premium they could afford. ation nearly fourteen years ago. Today, ment because they started high. But These programs are being closed the demand for tax credits far exceeds look at some of the cities in New York. down every day we delay. Thousands of their availability. This year in You will find that New York has a seniors are getting notices. They had a Vermont, over $2.5 million in credits number of cities that are under $450. good program, but they won’t have it were requested but only $718,000 were We reimburse them on the high level— in January. I want everybody to know available. as high as $800. if there are going to be any entitle- I am pleased that this bill raises the The bill we are introducing today we ment bills getting out of here on any- annual per capita allocation of tax are going to call the Medicare Geo- thing that is even close to Medicare, credits from $1.25 to $1.75 and indexes graphic Fair Payment Act. Week after this is an amendment that will be on the credit to inflation. In addition to week, the Federal Government deducts there—or something better. This the increased per capita allocation, I a portion of everyone’s paycheck to amendment says by January 1st of this hope to work a small state minimum. support the Medicare program. After year, the rates are raised. They are Such a floor would help to ensure that our seniors have retired and begin to these low rates we are talking about. small states like Vermont have access take advantage of the program they Very simply, under this bill, we will to the resources they need to provide have supported for so many years, I change the rates. affordable housing for every resident in think it is fair that they continue to It is pretty easy for everybody to un- need. have a choice. derstand. This is not a complicated Private activity bonds also play an Right now they have a choice. But bill. What we are doing is saying for important role in providing affordable the choice is really not for all seniors those metropolitan areas which are

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00096 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.003 S26JY0 July 26, 2000 CONGRESSIONAL RECORD—SENATE 16379 250,000 or more, the minimum reim- costs—on what the actual cost is, not Mr. President, I ask unanimous con- bursement will be $525. If we can’t get on what the stated cost is. That makes sent that the bill and additional mate- that through here to preserve some of the payment to hospitals go up sub- rial be printed in the RECORD. these plans where seniors are just fall- stantially. My small State will go up There being no objection, the mate- ing off the log, desperately getting about $6.5 million over the year. I don’t rial was ordered to be printed in the their notices, and raising it to $525, know what it would be in a State such RECORD, as follows: then I don’t know what is fair around as Ohio, but it would be rather substan- S. 2937 here anymore. For all the rural coun- tial. ties, we have raised the minimum to Be it enacted by the Senate and House of Rep- I have extensive research, with cities resentatives of the United States of America in $475. alphabetically listed. Just look for Congress assembled, My friend, Senator WYDEN, can talk your city and see what the reimburse- SECTION 1. SHORT TITLE. about his State and about his observa- ment rate is. If it is under $525, we will tions. Clearly, he has been asking ev- This Act may be cited as the ‘‘Medicare take it to $525. If there are rural coun- Geographic Fair Payment Act of 2000’’. erybody around here, including the ties that are not in these lists, call Budget Committee, to have hearings on SEC. 2. IMPROVED ACCESS TO home and ask what some of the coun- MEDICARE+CHOICE PLANS this great disparity which he calls pe- ties are getting reimbursed. Raising it THROUGH AN INCREASE IN THE AN- nalizing efficiency. to $475 will help an awful lot of people. NUAL MEDICARE+CHOICE CAPITA- TION RATES. The truth of the matter is in my Is it enough? I don’t know. I want to Section 1853(c)(1)(B)(ii) of the Social Secu- home city and in my State of New Mex- get something done. My friend wants ico, what is happening, the HMO com- rity Act (42 U.S.C. 1395w–23(c)(1)(B)(ii)) is to get something done, as do my two amended— panies can no longer stay in business. cosponsors. I assume in a couple of Seniors are getting notified. In fact, we (1) by striking ‘‘(ii) For a succeeding year’’ days or a week we will have a lot more and inserting ‘‘(ii)(I) Subject to subclause don’t have a lot of people under this Senators, bipartisan, asking to be on (II), for a succeeding year’’; and program—15,000 are going to get this. (2) by adding at the end the following new knocked off the program right now, I remind everyone, the total cost of subclause: very soon. If you think they are not doing a bit of fairness to seniors and ‘‘(II) For 2001 for any area in any Metro- going to meetings, they met with politan Statistical Area with a population of ending discrimination by region is Heather Wilson, one of our representa- more than 250,000, $525 (and for any area out- going to be $700 million in the first tives, and 400 people showed up because side such an area, $475).’’. year and $3.7 over 5. We have been talk- they read in the newspaper she was SEC. 3. REQUIREMENT THAT THE ACTUAL PRO- ing about astronomical numbers for holding a meeting and they already got PORTION OF A HOSPITAL’S COSTS ATTRIBUTABLE TO WAGES AND their notices: Come January, find a Medicare reform, prescription drugs. I don’t know where we will end up. I WAGE-RELATED COSTS BE WAGE AD- new plan. They are asking: Why? The JUSTED. hope in the heat of this political 6 plan is good. It is very good for me. I (a) IN GENERAL.—The first sentence of sec- have been paying all my life. Why are weeks we don’t do anything major, be- tion 1886(d)(3)(E) of the Social Security Act you taking this away? cause it will be wrong, but clearly we (42 U.S.C. 1395ww(d)(3)(E)) is amended by I ask Senators to take a look. In my have to do something. striking ‘‘, (as estimated by the Secretary case, we will get $34 million in addi- Come January 1, if we don’t put from time to time) of hospitals’ costs’’ and tional reimbursements during the first money into this reimbursement pro- inserting ‘‘of each hospital’s costs (based on year and $170 out of this bill. Inciden- gram, I think my friend, who has fol- the most recent data available to the Sec- retary with respect to the hospital)’’. tally, this bill will cost $700 million the lowed this carefully, will say hundreds of thousands of seniors will be denied (b) SPECIAL RULE FOR HOSPITALS LOCATED first year. I say to the thousands of IN PUERTO RICO.—Section 1886(d)(3)(E) of the seniors who may be able to keep their the option to buy coverage which they Social Security Act (42 U.S.C. insurance and be under this kind of think is rather good in many cases, in- 1395ww(d)(3)(E)) is amended by adding at the program, that is a pretty good bargain. cluding prescription drugs, for which end the following new sentence: ‘‘In the case Over 5 years, it will cost $3.7 billion. they only have to pay $50 extra. They of a hospital located in Puerto Rico, the first It also includes a third provision can’t get that anywhere else. They got sentence of this subparagraph shall be ap- which I ask Senators to look at. It is extensive coverage of items in their plied as in effect on the day before the date the product of some very wise thinking health care needs that are not covered of enactment of the Geographic Adjustment by Senator Grassley. It should have anywhere. Fairness Act of 2000.’’. (c) EFFECTIVE DATE.—The amendments been separately called the GRASSLEY I very much thank the Senators who made by this section shall apply with respect bill, but it is packaged in this as our are cosponsoring, Senators WYDEN, to discharges occurring on or after January third title. It says essentially hospitals GRASSLEY, and BOB KERREY of Ne- 1, 2001. will hereinafter be reimbursed on labor braska. We will have more. TABLE 1.—AVERAGE MEDICARE+CHOICE PAYMENT RATES PER AGED BENEFICIARY, PER MONTH, PER COUNTY IN METROPOLITAN STATISTICAL AREAS AND PRIMARY METROPOLITAN STATISTICAL AREAS, FY 2000

1 2000 pay- Population Metropolitan statistical area State and county name ment rate

2 Akron, OH PMSA ...... OH Summit ...... $569.96 OH Portage ...... 517.50 2 Albany-Schenectady-Troy, NY MSA ...... NY Rensselaer ...... 451.95 NY Albany ...... 426.70 NY Saratoga ...... 426.15 NY Montgomery ...... 415.97 NY Schenectady ...... 414.50 NY Schoharie ...... 408.51 2 Albuquerque, NM MSA ...... NM Bernalillo ...... 430.44 NM Sandoval ...... 402.64 NM Valencia ...... 401.61 2 Allentown-Bethlehem-Easton, PA MSA ...... PA Northampton ...... 550.07 PA Carbon ...... 530.57 PA Lehigh ...... 520.68 2 Ann Arbor, MI PMSA ...... MI Washtenaw ...... 557.62 MI Livingston ...... 535.35 MI Lenawee ...... 492.06 2 Appleton-Oshkosh-Neehan, WI MSA ...... WI Calumet ...... 401.61 WI Outagamie ...... 401.61 WI Winnebago ...... 401.61 1 Atlanta, GA MSA ...... GA Clayton ...... 639.17 GA Douglas ...... 631.97 GA Coweta ...... 612.58 GA Henry ...... 578.76

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00097 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.003 S26JY0 16380 CONGRESSIONAL RECORD—SENATE July 26, 2000 TABLE 1.—AVERAGE MEDICARE+CHOICE PAYMENT RATES PER AGED BENEFICIARY, PER MONTH, PER COUNTY IN METROPOLITAN STATISTICAL AREAS AND PRIMARY METROPOLITAN STATISTICAL AREAS, FY 2000—Continued

1 2000 pay- Population Metropolitan statistical area State and county name ment rate

GA Newton ...... 572.05 GA Fulton ...... 569.09 GA Walton ...... 562.39 GA Gwinnett ...... 560.30 GA Forsyth ...... 560.28 GA Paulding ...... 552.37 GA Cobb ...... 552.00 GA Barrow ...... 549.34 GA De Kalb ...... 549.32 GA Carroll ...... 538.55 GA Cherokee ...... 536.79 GA Pickens ...... 532.62 GA Fayette ...... 531.71 GA Rockdale ...... 528.77 GA Spalding ...... 491.23 GA Bartow ...... 457.53 2 Atlantic-Cape May, NJ PMSA ...... NJ Cape May ...... 575.01 NJ Atlantic ...... 564.89 2 Augusta-Aiken, GA–SC MSA ...... GA McDuffie ...... 506.13 GA Columbia ...... 480.21 GA Richmond ...... 474.28 SC Aiken ...... 472.78 SC Edgefield ...... 401.61 2 Austin-San Marcos, TX MSA ...... TX Travis ...... 457.95 TX Caldwell ...... 449.43 TX Bastrop ...... 437.16 TX Hays ...... 429.58 TX Williamson ...... 411.43 2 Bakersfield, CA MSA ...... CA Kern ...... 549.94 1 Baltimore, MD PMSA ...... MD Baltimore City ...... 671.43 MD Anne Arundel ...... 596.99 MD Howard ...... 575.83 MD Baltimore ...... 573.77 MD Harford ...... 567.54 MD Carroll ...... 519.96 MD Queen Annes ...... 468.85 2 Baton Rouge, LA MSA ...... LA Ascension ...... 701.89 LA Livingston ...... 669.57 LA E. Baton Rouge ...... 574.48 LA W. Baton Rouge ...... 569.45 2 Beaumont-Port Arthur, TX MSA ...... TX Jefferson ...... 635.70 TX Orange ...... 628.21 TX Hardin ...... 580.77 1 Bergen-Passaic, NJ PMSA ...... NJ Bergen ...... 559.77 NJ Passaic ...... 537.18 2 Biloxi-Gulfport-Pascagoula, MS MSA ...... MS Jackson ...... 630.08 MS Hancock ...... 612.91 MS Harrison ...... 596.61 2 Binghamton, NY MSA ...... NY Broome ...... 415.83 NY Tioga ...... 403.34 2 Birmingham, AL MSA ...... AL Shelby ...... 686.53 AL Blount ...... 575.59 AL St. Clair ...... 570.54 AL Jefferson ...... 557.62 2 Boise City, ID MSA ...... ID Ada ...... 401.61 ID Canyon ...... 401.61 1 Boston, MA-NH PMSA ...... MA Suffolk ...... 676.30 MA Norfolk ...... 628.81 MA Middlesex ...... 604.17 MA Plymouth ...... 566.16 MA Essex ...... 542.07 NH Rockingham ...... 479.31 2 Bridgeport, CT PMSA ...... CT Fairfield ...... 546.20 2 Brownsville-Harlingen-San Benito, TX MSA ...... TX Cameron ...... 439.76 1 Buffalo-Niagara Falls, NY MSA ...... NY Niagara ...... 458.37 NY Erie ...... 444.70 2 Canton-Massillon, OH MSA ...... OH Stark ...... 439.09 OH Carroll ...... 425.34 2 Charleston, WV MSA ...... WV Kanawha ...... 485.94 WV Putnam ...... 459.31 2 Charleston-North Charleston, SC MSA ...... SC Charleston ...... 480.38 SC Berkeley ...... 455.71 SC Dorchester ...... 429.44 1 Charlotte-Gastnia-Rockhill, NC–SC MSA ...... NC Cabarrus ...... 459.94 NC Gaston ...... 456.16 NC Mecklenburg ...... 433.27 NC Union ...... 433.15 NC Lincoln ...... 431.34 SC York ...... 430.89 NC Rowan ...... 429.39 2 Chattanooga, TN–GA MSA ...... TN Marion ...... 689.49 GA Walker ...... 533.01 TN Hamilton ...... 526.68 GA Catoosa ...... 503.89 GA Dade ...... 497.19 1 Chicago, IL PMSA ...... IL Cook ...... 593.51 IL Will ...... 523.73 IL Grundy ...... 519.32 IL Du Page ...... 509.42 IL Lake ...... 507.05 IL Kane ...... 482.60 IL Mc Henry ...... 466.26 IL Kendall ...... 444.33 IL De Kalb ...... 415.25 1 Cincinnati, OH–KY–IN PMSA ...... OH Hamilton ...... 505.97 OH Clermont ...... 505.91 KY Boone ...... 502.28 KY Kenton ...... 483.13 KY Campbell ...... 479.25 OH Brown ...... 473.04 IN Ohio ...... 471.63 IN Dearborn ...... 469.59 KY Grant ...... 469.13 OH Warren ...... 468.11 KY Gallatin ...... 457.05

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00098 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.003 S26JY0 July 26, 2000 CONGRESSIONAL RECORD—SENATE 16381 TABLE 1.—AVERAGE MEDICARE+CHOICE PAYMENT RATES PER AGED BENEFICIARY, PER MONTH, PER COUNTY IN METROPOLITAN STATISTICAL AREAS AND PRIMARY METROPOLITAN STATISTICAL AREAS, FY 2000—Continued

1 2000 pay- Population Metropolitan statistical area State and county name ment rate

KY Pendleton ...... 422.65 1 Cleveland-Lorain-Elyria, OH PMSA ...... OH Cuyahoga ...... 575.59 OH Lorain ...... 522.63 OH Medina ...... 511.38 OH Lake ...... 506.72 OH Ashtabula ...... 503.62 OH Geauga ...... 484.81 2 Colorado Spring, CO MSA ...... CO El Paso ...... 472.16 2 Columbia, SC MSA ...... SC Lexington ...... 429.22 SC Richland ...... 406.65 2 Columbus, GA–AL MSA ...... GA Chattahoochee ...... 486.30 AL Russell ...... 450.62 GA Muscogee ...... 430.84 GA Harris ...... 401.61 1 Columbus, OH MSA ...... OH Madison ...... 511.41 OH Franklin ...... 496.33 OH Fairfield ...... 461.07 OH Pickaway ...... 453.38 OH Delaware ...... 450.01 OH Licking ...... 434.03 2 Corpus Christi, TX MSA ...... TX Nueces ...... 515.88 TX San Patricio ...... 501.62 1 Dallas, TX PMSA ...... TX Denton ...... 557.79 TX Collin ...... 547.45 TX Dallas ...... 545.56 TX Rockwall ...... 511.05 TX Kaufman ...... 510.50 TX Henderson ...... 507.26 TX Ellis ...... 489.89 TX Hunt ...... 484.39 2 Davenport-Moline-Rock Island, IA–AL MSA ...... IA Scott ...... 420.23 IL Rock Island ...... 416.48 IL Henry ...... 401.72 2 Daytona Beach, FL MSA ...... FL Volusia ...... 481.63 FL Flagler ...... 432.48 2 Dayton-Springfield, OH MSA ...... OH Montgomery ...... 497.25 OH Clark ...... 487.66 OH Miami ...... 461.54 OH Greene ...... 438.27 1 Denver, CO PMSA ...... CO Denver ...... 534.62 CO Adams ...... 513.59 CO Arapahoe ...... 484.26 CO Jefferson ...... 475.87 CO Douglas ...... 452.51 2 Des Moines, IA MSA ...... IA Polk ...... 443.74 IA Warren ...... 405.72 IA Dallas ...... 401.61 1 Detroit, MI PMSA ...... MI Wayne ...... 677.77 MI Oakland ...... 639.26 MI Macomb ...... 628.03 MI Monroe ...... 567.21 MI Lapeer ...... 541.44 MI St. Clair ...... 513.96 2 Dutchess County, NY PMSA ...... NY Dutchess ...... 485.41 2 El Paso, TX MSA ...... TX El Paso ...... 481.85 2 Erie, PA MSA ...... PA Erie ...... 461.47 2 Eugene-Springfield, OR MSA ...... OR Lane ...... 424.21 2 Evansville-Henderson, IN-KY MSA ...... KY Henderson ...... 487.38 IN Posey ...... 455.23 IN Warrick ...... 441.91 IN Vanderburgh ...... 439.14 2 Fayetteville, NC MSA ...... NC Cumberland ...... 420.50 2 Flint, MI PMSA ...... MI Genesee ...... 654.33 1 Fort Lauderdale, FL PMSA ...... FL Broward ...... 690.17 2 Fort Myers-Cape Coral, FL MSA ...... FL Lee ...... 516.74 2 Fort Pierce-Port St. Lucie, FL MSA ...... FL St. Lucie ...... 582.27 MI FL Martin ...... 536.70 2 Fort Wayne, IN MSA ...... IN Adams ...... 405.10 IN Allen ...... 403.97 IN Whitley ...... 403.29 IN De Kalb ...... 401.61 IN Huntington ...... 401.61 IN Wells ...... 401.61 1 Fort Worth-Arlington, TX PMSA ...... TX Tarrant ...... 529.17 TX Johnson ...... 502.06 TX Hood ...... 492.86 TX Parker ...... 488.76 2 Fresno, CA MSA ...... CA Madera ...... 473.12 CA Fresno ...... 438.04 2 Gary, IN PMSA ...... IN Lake ...... 564.82 IN Porter ...... 514.53 2 Grand Rapids-Muskegon-Holland, MI MSA ...... MI Allegan ...... 445.34 MI Muskegon ...... 443.96 MI Kent ...... 423.54 MI Ottawa ...... 401.61 1 Grnsboro-Winston-Salem-HI PT, NC MSA ...... NC Davie ...... 461.90 NC Davidson ...... 436.36 NC Guilford ...... 434.67 NC Forsyth ...... 434.28 NC Stokes ...... 417.35 NC Yadkin ...... 415.82 NC Alamance ...... 415.23 NC Randolph ...... 414.23 2 Greenville-Spartanburg-Anderson, SC MSA ...... SC Cherokee ...... 466.06 SC Anderson ...... 409.97 SC Greenville ...... 405.47 SC Pickens ...... 401.61 SC Spartanburg ...... 401.61 2 Hamilton-Middletown, OH PMSA ...... OH Butler ...... 480.01 2 Harrisburg-Lebanon-Carlisle, PA MSA ...... PA Dauphin ...... 511.84 PA Perry ...... 508.55 PA Cumberland ...... 454.13 PA Lebanon ...... 420.60 1 Hartford, CT MSA...... CT Tolland ...... 541.27 CT Hartford ...... 525.95

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00099 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.003 S26JY0 16382 CONGRESSIONAL RECORD—SENATE July 26, 2000 TABLE 1.—AVERAGE MEDICARE+CHOICE PAYMENT RATES PER AGED BENEFICIARY, PER MONTH, PER COUNTY IN METROPOLITAN STATISTICAL AREAS AND PRIMARY METROPOLITAN STATISTICAL AREAS, FY 2000—Continued

1 2000 pay- Population Metropolitan statistical area State and county name ment rate

CT Litchfield ...... 511.80 CT Windham ...... 505.42 CT Middlesex ...... 482.64 2 Hickory-Morganton-Lenoir, NC MSA ...... NC Alexander ...... 451.10 NC Burke ...... 437.35 NC Caldwell ...... 429.74 NC Catawba ...... 408.16 2 Honolulu, HI MSA ...... HI Honolulu ...... 451.71 1 Houston, TX PMSA ...... TX Liberty ...... 719.28 TX Chambers ...... 719.23 TX Montgomery ...... 706.08 TX Harris ...... 631.59 TX Waller ...... 527.01 TX Fort Bend ...... 521.77 2 Huntington-Ashland, WV-KY-OH MSA ...... KY Boyd ...... 499.45 KY Greenup ...... 487.07 OH Lawrence ...... 483.34 KY Carter ...... 434.54 WV Wayne ...... 428.33 WV Cabell ...... 427.27 2 Huntsville, AL MSA ...... AL Limestone ...... 464.15 AL Madison ...... 454.59 1 Indianapolis, IN MSA ...... IN Marion ...... 506.06 IN Madison ...... 492.95 IN Hendricks ...... 487.01 IN Hamilton ...... 478.86 IN Shelby ...... 477.17 IN Morgan ...... 470.63 IN Hancock ...... 469.54 IN Boone ...... 462.42 IN Johnson ...... 442.74 2 Jackson, MS MSA ...... MS Madison ...... 446.48 MS Rankin ...... 445.23 MS Hinds ...... 442.96 2 Jacksonville, FL MSA ...... FL Duval ...... 558.61 FL Nassau ...... 534.03 FL St. Johns ...... 503.27 FL Clay ...... 494.78 2 Jersey City, NJ PMSA ...... NJ Hudson ...... 572.80 2 Johnson City-Kingsport-Bristol, TN–VA MSA ...... TN Unicol ...... 486.65 TN Hawkins ...... 475.81 VA Scott ...... 475.48 TN Washington ...... 460.53 TN Sullivan ...... 451.21 VA Bristol City ...... 445.38 TN Carter ...... 419.53 VA Washington ...... 401.61 2 Kalamazoo-Battle Creek, MI MSA ...... MI Calhoun ...... 497.87 MI Van Buren ...... 468.21 MI Kalamazoo ...... 457.00 1 Kansas City, MO–KS MSA ...... KS Wyandotte ...... 539.21 MO Jackson ...... 535.72 MO Ray ...... 521.98 MO Clay ...... 519.84 KS Johnson ...... 506.41 KS Leavenworth ...... 503.12 KS Miami ...... 494.24 MO Platte ...... 493.90 MO Lafayette ...... 486.11 MO Cass ...... 479.90 MO Clinton ...... 428.27 2 Killeen-Temple, TX MSA ...... TX Coryell ...... 415.61 TX Bell ...... 407.33 2 Knoxville, TN MSA ...... TN Loudon ...... 506.47 TN Knox ...... 484.18 TN Anderson ...... 460.95 TN Union ...... 453.63 TN Blount ...... 446.59 TN Sevier ...... 439.09 2 Lafayette, LA MSA ...... LA Lafayette ...... 512.01 LA St. Landry ...... 492.02 LA Acadia ...... 463.22 LA St. Martin ...... 460.29 2 Lakeland-Winter Haven, FL MSA ...... FL Polk ...... 437.74 2 Lancaster, PA MSA ...... PA Lancaster ...... 416.00 2 Lansing-East Lansing, MI MSA ...... MI Ingham ...... 519.79 MI Eaton ...... 495.86 MI Clinton ...... 473.56 ...... 2 Las Vegas, NV–AZ MSA ...... NV Clark ...... 554.90 AZ Mohave ...... 522.27 NV Nye ...... 513.76 2 Lexington, KY MSA ...... KY Madison ...... 459.32 KY Bourdon ...... 445.13 KY Scott ...... 417.38 KY Fayette ...... 413.37 KY Clark ...... 413.34 KY Jessamine ...... 407.65 KY Woodford ...... 401.61 2 Little Rock-N. Little Rock, AR MSA ...... AR Pulaski ...... 498.44 AR Saline ...... 488.13 AR Lonoke ...... 472.87 AR Faulkner ...... 462.94 1 Los Angeles-Long Beach, CA PMSA ...... CA Los Angeles ...... 660.65 2 Louisville, KY–IN MSA ...... KY Bullitt ...... 546.27 KY Oldham ...... 509.91 IN Clark ...... 506.02 KY Jefferson ...... 499.44 IN Floyd ...... 495.70 IN Scott ...... 476.68 IN Harrison ...... 454.42 2 Macon, GA MSA ...... GA Houston ...... 548.86 GA Bibb ...... 518.70 GA Jones ...... 488.31 GA Peach ...... 470.78

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00100 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.003 S26JY0 July 26, 2000 CONGRESSIONAL RECORD—SENATE 16383 TABLE 1.—AVERAGE MEDICARE+CHOICE PAYMENT RATES PER AGED BENEFICIARY, PER MONTH, PER COUNTY IN METROPOLITAN STATISTICAL AREAS AND PRIMARY METROPOLITAN STATISTICAL AREAS, FY 2000—Continued

1 2000 pay- Population Metropolitan statistical area State and county name ment rate

GA Twiggs ...... 461.55 2 Madison, WI MSA ...... WI Dane ...... 421.05 2 McAllen-Edinburg-Mission, TX MSA ...... TX Hidalgo ...... 437.02 2 Melbourne-Titusvlle-Palm Bay, FL MSA ...... FL Brevard ...... 527.54 1 Memphis, TN–AR–MS MSA ...... TN Shelby ...... 491.67 MS De Soto ...... 490.50 TN Tipton ...... 479.39 TN Fayette ...... 476.86 AR Crittenden ...... 472.60 1 Miami, FL PMSA ...... FL Dade ...... 794.02 1 Middlesex-Somerset-Hunterdon, NJ PMSA ...... NJ Middlesex ...... 558.12 NJ Hunterdon ...... 516.24 NJ Somerset ...... 491.08 1 Milwaukee-Waukesha, WI PMSA ...... WI Milwaukee ...... 470.57 WI Waukesha ...... 435.85 WI Ozaukee ...... 424.93 WI Washington ...... 411.74 1 Minneapolis-St. Paul, MN-WI MSA ...... MN Ramsey ...... 470.65 MN Hennepin ...... 457.66 MN Anoka ...... 453.31 MN Chisago ...... 443.66 MN Dakota ...... 438.75 MN Washington ...... 427.94 MN Carver ...... 420.00 MN Isanti ...... 416.79 MN Wright ...... 405.57 MN Scott ...... 401.61 MN Sherburne ...... 401.61 WI Pierce ...... 401.61 WI St. Croix ...... 401.61 2 Mobile, AL MSA ...... AL Mobile ...... 561.50 AL Baldwin ...... 485.76 2 Modesto, CA MSA...... CA Stanislaus ...... 509.26 2 Monmouth-Ocean, NJ PMSA ...... NJ Monmouth ...... 542.02 NJ Ocean ...... 534.05 2 Montgomery, AL MSA ...... AL Montgomery ...... 483.38 AL Autauga ...... 481.43 AL Elmore ...... 480.94 2 Nashville, TN MSA ...... TN Wilson ...... 630.43 TN Davidson ...... 547.87 TN Williamson ...... 538.17 TN Cheatham ...... 537.65 TN Sumner ...... 529.86 TN Robertson ...... 527.44 TN Rutherford ...... 494.76 TN Dickson ...... 491.06 1 Nassau-Suffolk, NY PMSA ...... NY Nassau ...... 622.51 NY Suffolk ...... 592.30 2 New Haven-Meriden, CT PMSA ...... CT New Haven ...... 528.19 2 New London-Norwich, CT-RI MSA ...... CT New London ...... 492.51 1 New Orleans, LA MSA ...... LA Plaquemines ...... 772.26 LA St. Bernard ...... 763.90 LA St. Charles ...... 675.95 LA Jefferson ...... 674.13 LA St. Tammany ...... 669.91 LA St. John Baptist ...... 668.62 LA Orleans ...... 651.27 LA St. James ...... 589.96 1 New York, NY PMSA ...... NY Richmond ...... 814.32 NY Bronx ...... 772.81 NY New York ...... 756.77 NY Kings ...... 748.55 NY Queens ...... 699.17 NY Rockland ...... 630.25 NY Putnam ...... 628.30 NY Westchester ...... 608.47 1 Newark, NJ PMSA ...... NJ Essex ...... 578.68 NJ Warren ...... 568.99 NJ Union ...... 545.04 NJ Morris ...... 525.78 NJ Sussex ...... 511.04 2 Newburgh, NY–PA PMSA ...... NY Orange ...... 524.02 PA Pike ...... 500.29 1 Norfolk-Va Beach-Newport News, VA–NC MSA ...... VA Chesapeake City ...... 484.88 VA Williamsburg City ...... 479.54 VA Suffolk City ...... 476.74 VA Norfolk City ...... 470.52 VA Portsmouth City ...... 470.52 VA Virginia Beach City ...... 463.75 VA Isle Of Wight ...... 461.15 VA Poquoson ...... 458.58 NC Currituck ...... 455.80 VA James City ...... 446.91 VA Hampton City ...... 443.76 VA York ...... 430.15 VA Newport News City ...... 423.90 VA Gloucester ...... 414.28 VA Mathews ...... 405.39 1 Oakland, CA PMSA ...... CA Contra Costa ...... 629.07 CA Alameda ...... 617.69 2 Oklahoma City, OK MSA ...... OK Oklahoma ...... 472.85 OK Cleveland ...... 469.40 OK Canadian ...... 461.36 OK Mcclain ...... 453.93 OK Logan ...... 431.02 OK Pottawatomie ...... 401.61 2 Omaha, NE–IA MSA ...... NE Douglas ...... 471.42 IA Pottawattamie ...... 458.62 NE Sarpy ...... 428.48 NE Cass ...... 420.07 NE Washington ...... 411.08 1 Orange County, CA PMSA ...... CA Orange ...... 609.63 1 Orlando, FL MSA ...... FL Osceola ...... 595.95 FL Orange ...... 553.31 FL Seminole ...... 536.05

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00101 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.003 S26JY0 16384 CONGRESSIONAL RECORD—SENATE July 26, 2000 TABLE 1.—AVERAGE MEDICARE+CHOICE PAYMENT RATES PER AGED BENEFICIARY, PER MONTH, PER COUNTY IN METROPOLITAN STATISTICAL AREAS AND PRIMARY METROPOLITAN STATISTICAL AREAS, FY 2000—Continued

1 2000 pay- Population Metropolitan statistical area State and county name ment rate

FL Lake ...... 489.82 2 Pensacola, FL MSA ...... FL Santa Rosa ...... 503.69 FL Escambia ...... 502.10 2 Peoria-Pekin, IL MSA ...... IL Tazewell ...... 421.61 IL Peoria ...... 414.60 IL Woodford ...... 401.61 1 Philadelphia, PA-NJ PMSA ...... PA Philadelphia ...... 747.35 PA Delaware ...... 626.24 PA Bucks ...... 610.87 NJ Camden ...... 593.47 NJ Gloucester ...... 591.58 NJ Salem ...... 584.62 PA Chester ...... 553.66 NJ Burlington ...... 552.60 PA Montgomery ...... 548.59 1 Phoenix-Mesa, AZ MSA ...... AZ Pinal ...... 551.74 AZ Maricopa ...... 524.36 1 Pittsburgh, PA MSA ...... PA Allegheny ...... 632.02 PA Fayette ...... 619.07 PA Westmoreland ...... 594.10 PA Washington ...... 590.58 PA Beaver ...... 544.52 PA Butler ...... 542.33 1 Portland-Vancouver, OR-WA PMSA ...... OR Washington ...... 460.95 OR Columbia ...... 452.07 OR Multnomah ...... 445.25 OR Clackamas ...... 438.74 WA Clark ...... 433.86 OR Yamhill ...... 425.86 1 Providence-Fall River-Warwck, RI-MA MSA ...... RI Kent ...... 519.29 RI Washington ...... 512.79 MA Bristol ...... 501.50 RI Providence ...... 498.70 RI Newport ...... 484.96 RI Bristol ...... 473.50 2 Provo-Orem, UT MSA ...... UT Utah ...... 427.96 2 Raleigh-Durham-Chapel Hill, NC MSA ...... NC Orange ...... 480.56 NC Johnson ...... 475.66 NC Wake ...... 464.96 NC Franklin ...... 452.16 NC Durham ...... 441.05 NC Chatham ...... 437.33 2 Reading, PA MSA ...... PA Berks ...... 452.56 2 Reno, NV MSA ...... NV Washoe ...... 492.94 2 Richmond-Petersburg, VA MSA ...... NA New Kent ...... 522.64 VA Charles City ...... 508.84 VA Hanover ...... 490.45 VA Richmond City ...... 488.94 VA Prince George ...... 483.13 VA Petersburg City ...... 479.97 VA Dinwiddlie ...... 477.64 VA Hopewell City ...... 475.67 VA Powhatan ...... 467.99 VA Chesterfield ...... 463.81 VA Henrico ...... 463.29 VA Colonial Heights City ...... 449.40 VA Goochland ...... 445.19 1 Riverside-San Bernardino, CA PMSA ...... CA San Bernardino ...... 565.55 CA Riverside ...... 553.64 1 Rochester, NY MSA ...... NY Monroe ...... 449.04 NY Genesee ...... 435.80 NY Livingston ...... 429.12 NY Orleans ...... 417.78 NY Wayne ...... 415.82 NY Ontario ...... 405.78 2 Rockford, IL MSA ...... IL Boone ...... 406.73 IL Ogle ...... 401.61 IL Winnebago ...... 401.61 1 Sacramento, CA PMSA ...... CA Sacramento ...... 545.65 CA Placer ...... 527.72 CA El Dorado ...... 515.35 2 Saginaw-Bay City-Midland, MI USA ...... MI Saginaw ...... 488.38 MI Bay ...... 488.15 MI Midland ...... 468.12 2 Salem, OR PMSA ...... OR Marion ...... 401.61 OR Polk ...... 401.61 2 Salinas, CA MSA ...... CA Monterey ...... 542.83 1 Salt Lake City-Ogden, UT MSA ...... UT Salt Lake ...... 418.00 UT Davis ...... 415.88 UT Weber ...... 407.27 1 San Antonio, TX MSA ...... TX Bear ...... 512.11 TX Wilson ...... 432.60 TX Guadalupe ...... 417.56 TX Comal ...... 415.47 1 San Diego, CA MSA ...... CA San Diego ...... 563.76 1 San Francisco, CA PMSA ...... CA San Francisco ...... 571.60 CA Marin ...... 563.18 CA San Mateo ...... 518.73 1 San Joae, CA PMSA ...... CA Santa Clara ...... 543.23 2 Santa Rosa, CA PMSA ...... CA Sonoma ...... 531.59 2 Sarasota-Bradenton, FL MSA ...... FL Sarasota ...... 500.10 FL Manatee ...... 476.27 2 Savannah, GA MSA ...... GA Bryan ...... 607.83 GA Effingham ...... 551.72 GA Chatam ...... 534.76 2 Scranton-Wilkes-Barre-Hazleton, PA MSA ...... PA Lackawanna ...... 529.65 PA Luzerne ...... 511.96 PA Wyoming ...... 504.41 PA Columbia ...... 463.56 1 Seattle-Bellevue-Everett, WA PMSA ...... WA King ...... 482.58 WA Snohomish ...... 465.44 WA Island ...... 429.61 2 Shreveport-Bossier City, LA MSA ...... LA Webster ...... 498.03 LA Bossier ...... 489.39 LA Caddo ...... 485.94

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00102 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.003 S26JY0 July 26, 2000 CONGRESSIONAL RECORD—SENATE 16385 TABLE 1.—AVERAGE MEDICARE+CHOICE PAYMENT RATES PER AGED BENEFICIARY, PER MONTH, PER COUNTY IN METROPOLITAN STATISTICAL AREAS AND PRIMARY METROPOLITAN STATISTICAL AREAS, FY 2000—Continued

1 2000 pay- Population Metropolitan statistical area State and county name ment rate

2 Spokane, WA MSA ...... WA Spokane ...... 467.75 2 Springfield, MA MSA ...... MA Hampdon ...... 479.61 MA Franklin ...... 467.86 MA Hampshire ...... 462.21 2 Springfield, MO MSA ...... MO Greene ...... 420.15 MO Christian ...... 414.31 MO Webster ...... 410.20 1 St. Louis, MO–IL MSA ...... MO St. Louis City ...... 575.17 MO Jefferson ...... 527.45 MO Warren ...... 527.07 MO Lincoln ...... 524.23 MO St. Charles ...... 501.12 MO St. Louis ...... 500.86 IL St. Clair ...... 500.06 IL Clinton ...... 499.07 IL Madison ...... 482.50 MO Franklin ...... 440.86 MO Crawford ...... 436.38 IL Jersey ...... 435.63 IL Monroe ...... 425.58 2 Santa-Barbara-Santa Maria-Lompoc, CA MSA ...... CA Santa Barbara ...... 455.77 2 Stockton-Lodi, CA MSA ...... CA San Joaquin ...... 495.62 2 Syracuse, NY MSA ...... NY Cayuga ...... 434.08 NY Oswego ...... 418.50 NY Onondaga ...... 417.97] NY Madison ...... 410.00 2 Tacoma, WA PMSA ...... WA Pierce ...... 456.83 2 Tampa-St. Petersburg-Clearwater, FL MSA ...... FL Pasco ...... 572.46 FL Hernando ...... 542.69 FL Pinellas ...... 533.00 FL Hillsborough ...... 521.34 2 Toledo, OH MSA ...... OH Lucas ...... 605.01 OH Wood ...... 498.46 OH Fulton ...... 476.56 2 Trenton, NJ PMSA ...... NJ Mercer ...... 590.38 2 Tucson, AZ MSA ...... AZ Pima ...... 499.04 2 Tulsa, OK MSA ...... OK Wagoner ...... 518.50 OK Rogers ...... 484.50 OK Creek ...... 467.80 OK Tulsa ...... 467.54 OK Osage ...... 445.45 2 Utica-Rome, NY MSA ...... NY Oneida ...... 405.03 NY Herkimer ...... 401.61 2 Vallejo-Fairfield-NAPA, CA PMSA ...... CA Napa ...... 596.07 CA Solano ...... 552.60 2 Ventura, CA PMSA ...... CA Ventura ...... 545.69 2 Visalia-Tulare-Porterville, CA MSA ...... CA Tulare ...... 452.57 1 Washington, DC–MD–VA–WV PMSA ...... MD Prince Georges ...... 639.21 DC The District ...... 619.89 MD Charles ...... 599.55 MD Montgomery ...... 535.62 MD Calvert ...... 517.03 VA Alexandria City ...... 501.57 VA Arlington ...... 501.02 VA Falls Church City ...... 497.85 VA Manassas Park City ...... 497.04 VA Prince William ...... 493.46 VA Stafford ...... 489.44 VA Fredericksburg City ...... 488.13 VA Spotsylvania ...... 484.82 MD Frederick ...... 477.87 VA Fairfax City ...... 473.73 VA King George ...... 471.99 VA Loudoun ...... 468.81 VA Fauquier ...... 462.06 VA Fairfax ...... 460.45 VA Culpeper ...... 450.19 VA Manassas City ...... 445.63 VA Warren ...... 442.67 WV Berkeley ...... 438.86 WV Jefferson ...... 426.32 VA Clarke ...... 409.66 2 West Palm Beach-Boca Raton, FL MSA ...... FL Palm Beach ...... 600.62 2 Wichita, KS MSA ...... KS Sedgwick ...... 480.50 KS Butler ...... 427.72 KS Harvey ...... 403.67 2 Wilmington-Newark, DE–MD PMSA ...... MD Cecil ...... 548.76 DE New Castle ...... 547.20 2 Worcester, MA–CT PMSA ...... MA Worcester ...... 559.24 2 York, PA MSA ...... PA York ...... 421.90 2 Youngstown-Warren, OH MSA ...... OH Trumbull ...... 565.28 OH Mahoning ...... 508.37 OH Columbiana ...... 478.90 1 1=greater than 1 million; 2=250,000 to 1 million. Source: Table prepared by the Congressional Research Service using data from the Health Care Financing Administration. Note: A Metropolitan Statististical Area is a city with 50,000 or more enhabitants, or a Census Bureau-defined urban area of at least 50,000 inhabitants, and a total metropolitan population of at least 100,000 (75,000 in New England). This study specifically examines MSAs that contain 250,000 or more enhabitants. If an MSA has a population of over 1 million and the population can be separated into component parts, then the primary component part is desginated the Primary Metropolitan Statistical Area (PMSA). For more information see, [http://www.census.gov/population/www/estimates/aboutmetro.html].

Mr. WYDEN. Mr. President, before he If there is one principle that Medi- have not taken the steps that Colorado leaves the floor, I thank the chairman care is going to have to stand for in the and Oregon and other States have of the Budget Committee for the oppor- 21st century, it is that we must change taken, don’t worry about it, don’t go tunity to be involved in this issue. I this system which now literally re- out and make the tough choices about think the chairman has said it very wards waste and penalizes frugality. introducing competition to your com- well. In effect, what he has done is Medicare has an HMO reimbursement munity. The Federal Government will make the case for why the bill we are system today which is, even by beltway just keep sending you big checks. proposing is absolutely essential to standards, perverse. It sends the mes- I think it is absolutely key, espe- modernize the Medicare program. sage if you are really inefficient, if you cially given the fact that close to a

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00103 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.003 S26JY0 16386 CONGRESSIONAL RECORD—SENATE July 26, 2000 million seniors are going to lose their layed. It has been delayed, in my view, the debt, after hopefully there is a tar- HMO coverage this year—close to a in a fashion that has made for many geted tax cut; at that point, we will million seniors will lose their coverage plans saying they can no longer afford have some dollars to take the steps to this year—that we pass this bipartisan to stay in business; certainly no longer better meet the health care needs of legislation. I think the chairman is afford to offer some of those benefits older people and also jump start the right. I think by the end of the next such as prescription drugs, which are modernization of the Medicare pro- couple of days, we will have many so important to seniors. gram. other colleagues from both political That is why Chairman DOMENICI and Our legislation, I hope, will be part of parties here. I see my friend, Senator I and Senator GRASSLEY and Senator that effort. I think Chairman DOMENICI SMITH of Oregon, has come into the KERREY and I know many of our col- and Senator GRASSLEY, among our co- Chamber. He and I have worked on this leagues are going to join in a bipar- sponsors, are very likely to be in the issue since he has come to the Senate tisan effort, first, to establish a min- room at the end of the day when that as part of our bipartisan agenda for Or- imum payment floor for urban coun- legislation is being offered. I and oth- egon. I am going to talk for a few min- ties; second, to boost the rural counties ers are going to do our best to support utes to try to elaborate on some of the where, again, these programs have those efforts in the Budget Committee. themes Chairman DOMENICI has so elo- barely been able to survive as a result I know the Presiding Officer and I have quently addressed. of low reimbursement rates; and, third, used every opportunity to raise these As we have seen in Oregon and New to address the concerns with respect to issues, and we are going to continue to Mexico and so many other States, the wages that Senator GRASSLEY has so do so. present HMO reimbursement system is eloquently described. But I am of the Our State has been a pioneer in the literally driving HMO plans out of the view that if this Congress is to mod- health care reform area. We are proud program and leaving seniors across this ernize the Medicare program, the es- of the fact that we are the first State country petrified about their future sence of such a modernization effort is in the country to have made tough health care in their communities. What to create more options and more choices about health care priorities senior after senior asks at this point is choices. That will not be possible if you through the Oregon health plan. We are how can it be that since they pay the perpetuate an HMO reimbursement proud of the fact that we have been same amount for hospitalization and system that day after day after day pe- able to introduce more choices and outpatient services, if they live in Pen- nalizes frugality and rewards waste. more competition to the health care dleton or they live in Portland, they For those who really want to get into system and, as a result, seniors in our pay the same amount for outpatient the details of this subject, the system State are able to get more for their and hospitalization services as seniors is known as the AAPCC, the average health care dollar. in other parts of the country yet the adjusted per capita cost. The way it It is not right for older people in Or- Federal Government does not send an has worked, the HMOs are reimbursed egon, New Mexico, Iowa, and in other equal payment to folks in Pendleton by the Federal Government through a States where they have done the heavy and Portland? As Chairman DOMENICI system that historically has looked at lifting and they have taken steps to has very specifically and eloquently de- average local costs of various proce- hold down their costs, to be discrimi- scribed, they send dramatically dif- dures, such as a heart bypass in Pen- nated against by the Federal Govern- ferent payments to communities across dleton or cataract operation in Port- ment. this country. So you can have commu- land—and then you calculate a formula This bipartisan legislation, in my nities, for example, on the east coast, for reimbursing these HMOs, using a view, is going to help keep HMOs that that literally get twice the reimburse- percentage of the fee-for-service costs are currently in the program in the ment of communities in Oregon and for health care in the area. program, and it will begin the process New Mexico. But at the end of the day, the mes- of bringing back to Medicare some of We hear about it very bluntly from sage is, if you are wasteful, don’t worry those we have lost because they have our constituents. You can have a sen- about it. If you are inefficient, the Fed- been discriminated against in the past ior in Pendleton or Coos Bay call up eral Government is going to say maybe with respect to reimbursement and their cousin in one of the cities back that is not ideal, but we will just send they could not keep their doors open. East and ask their cousin about Medi- you a check to reflect the fact that you We will be talking about this legisla- care, how it is going. are not taking steps to hold down your tion frequently in the last few days of The senior back East says: You costs and we are not going to give you this Congress and in the fall, and I be- know, it goes great. I get prescription any consequences as a result. lieve passing this legislation, as we drugs for only a few dollars a month. I That makes no sense to Senator look at that final budget bill that is also get dental coverage. I get free DOMENICI and me and our cosponsors. I sure to be part of our fall debates, that hearing aids. How is it going for you know it makes no sense to the Pre- this is one of the best ways we can tar- there in Coos Bay or Pendleton or Al- siding Officer because he and I have get dollars that need to be spent care- buquerque, NM? How is Medicare going talked about this innumerable times. fully so as to maximize the values of for you? We tried to boost reimbursement rates what we are getting in health care for That senior in Albuquerque or Pen- for the people of Oregon. We have to older people. dleton or Portland wants to throw the change the Medicare program to elimi- Mr. President, I yield the floor. telephone through the living room win- nate the discrimination against com- Mr. VOINOVICH. Mr. President, I dow because they don’t get that pre- munities that control costs while offer- could not help but hear the words of scription drug coverage, hearing aids, ing good quality care. Senator WYDEN and Senator DOMENICI or dental coverage because the reim- Our bipartisan legislation is not just about the terrible situation we have bursement is as low as Chairman a one-time infusion of money. We across this country today in regard to DOMENICI has described. structured it so that money becomes HMOs dropping senior citizens off the The Congress was supposed to have part of a base for future increases, Medicare Plus Choice Program. begun, several years ago, a bipartisan which in my view helps to jump-start While I was Governor of the State of effort to change this. The system was what Congress intended several years Ohio, we had several instances where called a blended rate. In effect, over ago by passing legislation to promote a people were thrown off the rolls of the next few years, we would move to a nationwide blended rate. their HMO and forced to be without national system, so instead of driving We all understand that at present, as any kind of supplemental insurance or some of these high-cost areas down pre- we look to the last days of the session, prescription drug benefits. It is a grow- cipitously, we would move low-cost with the budget surplus, it is going to ing epidemic today in the United areas up over the next few years. Un- be possible to use a portion of that sur- States of America. I want to go on fortunately, that system has been de- plus, after we have helped pay down record in support of the legislation of

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00104 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.003 S26JY0 July 26, 2000 CONGRESSIONAL RECORD—SENATE 16387

Senator WYDEN and Senator DOMENICI. on this issue, people in low-cost states super energy-efficient washing ma- In fact, earlier today I asked Senator like Iowa pay the same payroll taxes as chines and refrigerators, and creates DOMENICI if I could be a cosponsor of those in high-cost areas. So it’s a mat- the incentives necessary to increase this legislation. ter of simple fairness and equity that the production and sale of these appli- It is important to point out that all seniors have access to the choices in ances in the short term. Manufacturers some of the on-budget surplus that we Medicare, wherever they live. The would be eligible to claim a credit of now have in the year 2000 and the pro- problem with Medicare + Choice has either $50 or $100, depending on effi- jected $102 billion in 2001 is generated been that payment rates are based on ciency level, for each super energy-effi- by the fact that projected Medicare fee-for-service payment rates in the cient washing machine produced be- costs are coming in far below what same county; thus, cost-effective re- tween 2001 and 2006. Likewise, manu- they anticipated because of the for- gions like ours are punished. This facturers would be eligible to claim a mula that was adopted in 1997. It seems makes no sense. We took our first step credit of $50 or $100, depending on effi- to me we ought to look at the situation toward breaking that unfortunate link ciency level, for each super energy-effi- as it really is, increase the reimburse- in 1997, and I have high hopes that we cient refrigerator produced between ment to those HMOs so individuals can will take another big step with this bill 2001 and 2006. It is estimated that this stay in those programs, and so they in 2000. tax credit will increase the production don’t have to buy Medigap insurance to We in low-cost regions have to keep and purchase of super energy-efficient cover out-of-pocket expenses and pre- the fight for equity going on two washers by almost 200 percent, and the scription drugs. fronts: Medicare + Choice payment, purchase of super energy-efficient re- It seems to me it should be our re- and traditional Medicare payment. The frigerators by over 285 percent. sponsibility to make sure those who latter is harder for Congress to change, Equally important is the long-term are now covered remain covered and because we have to identify inequities environmental benefits of the expanded not be thrown out on the street. I have in the various Medicare payment poli- use of these appliances. Over the life of read so often: Don’t worry about those cies and fix them one by one. I thank the appliances, over 200 trillion Btus of people, somebody else will pick them my colleagues for including in this bill energy will be saved. This is the equiv- up, or they can go to fee for service. my earlier bill on the hospital wage alent of taking 2.3 million cars off the When they go to fee for service, they index, which is one of those flaws in road or closing 6 coal-fired power don’t get their 20 percent out-of-pocket fee-for-service Medicare that cries out plants for a year. In addition, the paid for, nor does Medicare pick up pre- to be fixed. clothes washers will reduce the amount scription drugs. I look forward to the Finance Com- of water necessary to wash clothes by It is time for this Congress to step in mittee’s Medicare discussions this fall; 870 billion gallons, an amount equal to and change the system, increase the re- imbursement, keep those individuals this is the kind of legislation that mer- the needs of every household in the who are on Medicare Plus Choice Pro- its serious consideration there. city the size of Phoenix, Arizona for two years. Most importantly, the bene- grams so they can maintain coverage By Mr. GRASSLEY (for himself, for out-of-pocket expenses and main- fits to consumers over the life of the Mr. ROCKEFELLER, Mr. JEF- tain the prescription drug coverage washers and refrigerators from oper- FORDS, and Mrs. LINCOLN): ational savings is estimated at nearly they have. S. 2939. A bill to amend the Internal Mr. GRASSLEY. Mr. President, I rise $1 billion. Revenue Code of 1986 to provide a cred- to note the introduction of the Medi- In my home state of Iowa, this legis- it against tax for energy efficient ap- care Geographic Fair Payment Act of lation would result in the production of pliances; to the Committee on Finance. 2000. I’m very pleased to join Senators 1.5 million supper energy-efficient THE RESOURCE EFFICIENT APPLIANCE INCENTIVE DOMENICI, WYDEN, and KERREY in this washers and refrigerators over the next ACT effort. While we share the problem of six years, requiring over 100 new pro- low payment rates, Iowa and Nebraska Mr. GRASSLEY. Mr. President I rise duction jobs. I also expect Iowans to are in a different situation than New today to introduce an extremely time- save $11 million in operational costs Mexico and Oregon. Those two states ly piece of legislation in light of the over the life span of the appliances, and are concerned about Medicare + Choice current energy crisis facing our nation. 9 billion gallons of water—enough to plans leaving, but for the most part we This legislation, entitled ‘‘The Re- supply drinking water for the entire in Iowa are still waiting for plans to source Efficient Appliance Incentive state for 30 years. arrive. There are a number of things Act,’’ will provide a valuable incentive Lastly, I believe the total revenue that have to fall into place for Medi- to accelerate and expand the produc- loss of this credit compares extremely care + Choice to become a reality in tion and market penetration of ultra favorably to the estimated benefits of Iowa, but one of them is increasing energy-efficient appliances. Senator almost $1 billion to consumers over the payment rates. I want to make sure ROCKEFELLER is joining me in this bi- life of the super energy-efficient that if Congress provides any relief in partisan effort, along with Senators clothes washers and refrigerators from Medicare + Choice this year, that low- JEFFORDS and LINCOLN. operational savings. cost areas are not forgotten. We need Earlier this year, the appliance in- Mr. ROCKEFELLER. Mr. President, I to make Medicare + Choice a truly na- dustry, the Department of Energy, and am pleased to join my colleagues, Sen- tional program. the nation’s leading energy-efficiency ators GRASSLEY, JEFFORDS, and LIN- There are two simple Medicare + and environmental organizations came COLN, in the introduction of legislation Choice payment provisions in the bill. together and agreed upon significantly to establish a tax credit incentive pro- It would raise the minimum payment higher energy efficiency standards for gram for the production of super en- floor for all counties from the current clothes washers to accompany the new ergy-efficient appliances. This creative $415 to $475 in 2001. This would pri- energy efficiency standards for refrig- proposal will result in substantial envi- marily benefit rural and small urban erators that go into effect in July 2001, ronmental benefits for the nation at a areas, including the vast majority of as well as the new criteria for achiev- very small cost to the government. Iowa. Secondly, it would establish a ing the voluntary ‘‘Energy Star’’ des- Our bill would provide for either a $50 new minimum payment floor of $525 for ignation. This agreement is significant or $100 tax credit for the production all counties in Metropolitan Statistical considering the fact that clothes wash- and sale of energy efficient washing Areas (MSAs) with populations exceed- ers and dryers, together with refrig- machines and refrigerators. Today, ing 250,000. In Iowa, this would mean a erators, account for approximately 15 these two appliances account for ap- substantial incentive for plans to enter percent of all household energy con- proximately 15 percent of the energy the Des Moines and Quad Cities areas. sumed in the United States. consumed in a typical home, which As I’ve said so often throughout the This legislation will provide a tax amounts to about $21 billion in energy five-plus years that I’ve been working credit to assist in the development of expenditures annually. Although most

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00105 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.003 S26JY0 16388 CONGRESSIONAL RECORD—SENATE July 26, 2000 Americans may not realize it, home ap- million metric tons. In addition, the sistance under the Foreign Assistance pliances offer the potential for major super energy-efficient washing ma- Act of 1961 with respect to malaria, energy savings across the nation. chines will reduce the amount of water HIV, and tuberculosis; read the first Recently, several energy efficiency necessary to wash clothes by 870 billion time. and environmental organizations gallons, or approximately the amount GLOBAL AIDS AND TUBERCULOSIS RELIEF ACT OF joined with the appliance industry in of water necessary to meet the needs of 2000 endorsing considerably tougher energy- every household in a state the size of Mr. HATCH. Mr. President, earlier efficiency standards for washing ma- West Virginia for nearly 2 years. today, we approved the Helms sub- chines. These proposed standards are Vice President GORE recently rec- stitute to H.R. 3519, ‘‘Global AIDS and now under active consideration by the ommended a similar program of tax in- Tuberculosis Relief Act of 2000.’’ I was Department of Energy for incorpora- centives for the purchase of home ap- pleased to support this legislation, rec- tion in new regulations. The new pliances as part of his energy savings ognizing the need for our country to standards will result in tremendous en- initiatives—and I congratulate him for support an enhanced effort to prevent ergy-efficiency improvements that will his leadership in this regard. I am very and treat AIDS and tuberculosis have very positive environmental con- glad the Vice President is considering abroad. sequences over time. But there is a ways to balance how we produce energy I was pleased to work with Chairman cost to these new minimum standards savings and believe it is important that HELMS, Senator BIDEN, Senator FRIST, and, as we often find, reluctance on the we discuss this balance of interests as Senator SMITH of Oregon, and other part of industry and the public to incur part of our national dialogue to im- members of the Senate Foreign Rela- the additional costs necessary to prove our energy efficiency. I am also tions Committee as this legislation was achieve higher energy efficiencies. extremely pleased this legislation is finalized, and, indeed, I want to work Home appliances can be made more ef- strongly supported by leading environ- closely with them on our continuing ef- ficient but it would mean greater costs mental organizations including the forts to address the problems of infec- to consumers. I believe there is a nec- Natural Resources Defense Council, the tious diseases in the developing world. essary balance between the objective of Alliance to Save Energy, and the For the reasons I will lay out today, obtaining higher energy efficiencies American Council for an Energy Effi- I believe the aid we make possible in that reduce air emissions and the high- cient Economy. H.R. 3519 should be expanded to em- er product costs that result. This is as The use of energy-efficient appli- brace not only HIV/AIDS and TB, but true with respect to the purchase of ap- ances is an important milestone on the also malaria as well. In fact, I think it pliances as it is with respect to the road to a cleaner, lower-cost energy fu- essential to make sure our foreign as- automobile, electric power, and other ture. This common-sense initiative fol- sistance program in Africa and the de- markets. I also recognize that there lows on the heels of other important veloping world coordinates its activi- are understandable limits to the costs bipartisan legislation that I am proud ties closely among these three diseases. that society is willing to bear through to have sponsored or cosponsored dur- With the support of Chairman HELMS, regulation to obtain higher energy sav- ing this Congress to improve our na- Senator BIDEN, and Senator FRIST in ings that result in environmental bene- tion’s energy independence and the en- the Senate, and Chairman LEACH in the fits. vironment. During the first session of House of Representatives, I have draft- However, that is not necessarily the the 106th Congress, I was joined by ed companion legislation to H.R. 3519 limit at which point energy savings Senators HATCH, CRAPO, and BRYAN in which make certain that U.S. efforts can be achieved. While many con- introducing the Alternative Fuel Pro- for all three diseases are well-coordi- sumers may not be willing to pay extra motion Act in an effort to reduce nated. for more energy-efficient appliances, I greenhouse gas emissions and lower Accordingly, I rise today to intro- believe they can be encouraged to do so our consumption of imported oil. Ear- duce S. 2940, the ‘‘International Ma- through incentive programs. The legis- lier this year I joined Senators JEF- laria Control Act of 2000’’. lation we are proposing today would do FORDS and HATCH on the Alternative The World Health Organization esti- just that by giving manufacturers ei- Fuels Tax Incentives Act, which would mates that there are 300 million to 500 ther a $50 or $100 tax credit for every accomplish many of the same goals. super energy-efficient appliance pro- I am especially proud to have joined million cases of malaria each year. Ac- cording to the World Health Organiza- duced prior to 2007. The idea is to give with Senator BINGAMAN and six of my manufacturers the means by which to Democratic colleagues on the Energy tion, more than 1 million persons are create the most appropriate incentives Security Tax and Policy Act, a com- estimated to die due to malaria each to get consumers to purchase washing prehensive energy policy bill that year. machines and refrigerators that are the looks to improve our nation’s energy The problems related to malaria are most energy-efficient. Through these independence while protecting the en- often linked to the devastation of two tax credits we will accelerate the pro- vironment. Finally, it was my pleasure other terrible diseases—Acquired Im- duction and market penetration of last week to join with Environment munodeficiency Disease, that is AIDS, leading-edge appliance technologies and Public Works Chairman BOB SMITH and tuberculosis. One of the unfortu- that create significant environmental and the Ranking Democratic Member nate commonalities of these diseases is benefits. Senator BAUCUS on the Energy Effi- that they all ravage sub-Saharan Afri- The expanded use of super energy-ef- cient Building Incentives Act, which ca and other parts of the under- ficient appliances will have significant promotes the construction of buildings developed world. long-term environmental benefits. It is 30–50 percent more efficient than to- In addition to the one million ma- estimated that as a result of this legis- day’s standard. As building energy use laria related deaths per year, about 2.5 lation over 200 trillion Btus of energy accounts for 35 percent of the air pollu- million persons die from AIDS and an- will be saved over the life of the appli- tion emissions nationwide and $250 bil- other 1.5 million people per year die ances manufactured with these credits. lion per year in energy bills, this legis- from tuberculosis. This is the equivalent of taking 2.3 mil- lation could produce a dramatic benefit The measure I introduce today cen- lion cars off the road or closing down for our environment, and this coun- ters on malaria control and calls for six coal-fired power plants for a year. try’s long-term energy needs. close cooperation among federal agen- Energy savings of this magnitude pay cies that are charged with fighting ma- significant environmental dividends. By Mr. HATCH: laria, AIDS, and TB worldwide. For example, it is projected that with S. 2940. A bill to authorize additional According to the National Institutes these energy savings carbon emissions, assistance for international malaria of Health, about 40 percent of the the critical element in greenhouse gas control, and to provide for coordina- world’s population is at risk of becom- emissions, will be reduced by over 3.1 tion and consultation in providing as- ing infected. About half of those who

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00106 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.003 S26JY0 July 26, 2000 CONGRESSIONAL RECORD—SENATE 16389

die each year from malaria are chil- all recognize that the private sector (Mr. LAUTENBERG) was added as a co- dren under nine years of age. Malaria pharmaceutical industry, in close part- sponsor of S. 1227, a bill to amend title kills one child each 30 seconds. nership with academic and government IV of the Personal Responsibility and Although malaria is a public health scientists, will play a key role in the Work Opportunity Reconciliation Act problem in more than 90 countries, development of any vaccines for these of 1996 to provide States with the op- more than 90 percent of all malaria diseases. tion to allow legal immigrant pregnant cases are in sub-Saharan Africa. In ad- Among the promising developments women and children to be eligible for dition to Africa, large areas of Central in recent months has been Secretary medical assistance under the medical and South America, Haiti and the Do- Shalala directing the National Insti- program, and for other purposes. minican Republic, the Indian subconti- tutes of Health to convene a meeting of S. 1318 nent, Southeast Asia, and the Middle experts from government, academia, At the request of Mr. JEFFORDS, the East are high risk malaria areas. and the private sector to address im- name of the Senator from Maine (Ms. These high risk areas represent many pediments to vaccine development in SNOWE) was added as a cosponsor of S. of the world’s poorest nations which the private sector. Another goal of this 1318, a bill to authorize the Secretary complicates the battle against malaria first in a series of conferences on Vac- of Housing and Urban Development to as well as AIDS and TB. cines for HIV/AIDS, Malaria, and Tu- award grants to States to supplement Malaria is particularly dangerous berculosis, held on May 22nd and 23rd, State and local assistance for the pres- during pregnancy. The disease causes was to foster public-private partner- ervation and promotion of affordable severe anemia and is a major factor ships. housing opportunities for low-income contributing to maternal deaths in ma- These ongoing NIH Conferences on families. laria endemic regions. Research has Vaccines for HIV/AIDS, Malaria, and S. 1322 found that pregnant mothers who are Tuberculosis will address three basic At the request of Mr. DASCHLE, the HIV-positive and have malaria are questions: what are the scientific bar- name of the Senator from Maryland more likely to pass on HIV to their riers to developing vaccines for ma- (Mr. SARBANES) was added as a cospon- children. laria, TB and HIV/AIDS? What admin- sor of S. 1322, a bill to prohibit health ‘‘Airport malaria,’’ the importing of istrative, logistical and legal barriers insurance and employment discrimina- malaria by international aircraft and stand in the way of malaria, TB and tion against individuals and their fam- other conveyances is becoming more HIV/AIDS vaccines? And, finally, if ily members on the basis of predictive common as is the importation of the vaccines are developed how can they genetic information of genetic services. disease by international travelers best be produced and distributed themselves; the United Kingdom re- around the world? S. 1394 ported 2,364 cases of malaria in 1997, all Each of these questions will be dif- At the request of Mr. TORRICELLI, the of them imported by travelers. ficult to answer. Developing vaccines name of the Senator from Wisconsin In the United States, of the 1,400 for malaria, TB, and HIV/AIDS will be (Mr. FEINGOLD) was added as a cospon- cases of malaria reported to the Cen- a difficult task. While each vaccine sor of S. 1394, a bill to require the Sec- ters for Disease Control and Prevention will be different, there are commonal- retary of the Treasury to mint coins in in 1998, the vast majority were im- ities such as the fact that the legal im- commemoration of the U.S.S. New Jer- ported. Between 1970 and 1997, the ma- pediments and distributional issues sey, and for other purposes. laria infection rate in the United may be very similar. Also, there is an S. 1586 States increased by about 40 percent. unfortunate geographical overlap with At the request of Mr. CAMPBELL, the In Africa, the projected economic im- respects to the epidemics of malaria, name of the Senator from New Mexico pact of malaria in 2000 exceeds $3.6 bil- TB, and HIV/AIDS. Ground zero is sub- (Mr. BINGAMAN) was added as a cospon- lion. Malaria accounts for 20 to 40 per- Saharan Africa. sor of S. 1586, a bill to reduce the cent of outpatient physician visits and So while the ultimate goal is to end fractionated ownership of Indian 10 to 15 percent of hospital visits in Af- up with three vaccines, we must be Lands, and for other purposes. rica. mindful that there is a close societal S. 1732 Malaria is caused by a single-cell and scientific linkage between the At the request of Mr. BREAUX, the parasite that is spread to humans by tasks of developing and delivering vac- name of the Senator from Florida (Mr. mosquitoes. No vaccine is available cines and therapeutic treatments for MACK) was added as a cosponsor of S. and treatment is hampered by develop- those at risk of malaria, TB and HIV/ 1732, a bill to amend the Internal Rev- ment of drug-resistant parasites and AIDS worldwide. enue Code of 1986 to prohibit certain al- insecticide-resistant mosquitoes. While the greatest immediate need is locations of S corporation stock held Our nation must play a leadership clearly in Africa and in other parts of by an employee stock ownership plan. role in the development of a vaccine the developing world, citizens of the S. 1990 for malaria as well as vaccines for TB United States and my constituents in At the request of Mr. LAUTENBERG, and for the causal agent of AIDS, the Utah stand to benefit from progress in the name of the Senator from North human immunodeficiency virus—HIV. the area of vaccine development. Dakota (Mr. CONRAD) was added as a In this regard I must commend the f cosponsor of S. 1900, a bill to amend the President for his leadership in direct- ADDITIONAL COSPONSORS Internal Revenue Code of 1986 to allow ing, back on March 2nd, that a renewed a credit to holders of qualified bonds effort be made to form new partner- S. 309 issued by Amtrak, and for other pur- ships to develop and deliver vaccines to At the request of Mr. MCCAIN, the poses. developing countries. I must also com- name of the Senator from Rhode Island mend the Bill and Melinda Gates foun- (Mr. L. CHAFEE) was added as a cospon- S. 1911 dation for pledging a substantial $750 sor of S. 309, a bill to amend the Inter- At the request of Mr. BREAUX, the million in financial support for this nal Revenue Code of 1986 to provide name of the Senator from Florida (Mr. new vaccine initiative. that a member of the uniformed serv- MACK was added as a cosponsor of S. The private sector appears to be pre- ices shall be treated as using a prin- 1911, a bill to conserve Atlantic highly pared to help meet this challenge as cipal residence while away from home migratory species of fish, and for other the four largest vaccine manufacturers, on qualified official extended duty in purposes. Merck, American Home Products, determining the exclusion of gain from S. 2274 Glaxo SmithKline Beecham, and the sale of such residence. At the request of Mr. GRASSLEY, the Aventis Pharma, have all stepped to S. 1227 names of the Senator from Indiana the plate in the quest for vaccines for At the request of Mr. L. CHAFEE, the (Mr. BAYH), the Senator from Nevada HIV/AIDS, TB and malaria. We must name of the Senator from New Jersey (Mr. REID), the Senator from Georgia

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00107 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.003 S26JY0 16390 CONGRESSIONAL RECORD—SENATE July 26, 2000

(Mr. CLELAND), the Senator from Con- from Massachusetts (Mr. KERRY) was tions on the eligibility of aliens resid- necticut (Mr. LIEBERMAN), and the Sen- added as a cosponsor of S. 2718, a bill to ing in the United States to obtain law- ator from Washington (Mr. GORTON) amend the Internal Revenue Code of ful permanent residency status. were added as cosponsors of S. 2274, a 1986 to provide incentives to introduce S. CON. RES. 123 bill to amend title XIX of the Social new technologies to reduce energy con- At the request of Mr. LAUTENBERG, Security Act to provide families and sumption in buildings. the name of the Senator from Cali- disabled children with the opportunity S. 2733 fornia (Mrs. FEINSTEIN) was added as to purchase coverage under the Med- At the request of Mr. SANTORUM, the cosponsor of S. Con. Res. 123, a concur- icaid program for such children. name of the Senator from Illinois (Mr. rent resolution expressing the sense of S. 2408 DURBIN) was added as a cosponsor of S. the Congress regarding manipulation of At the request of Mr. BINGAMAN, the 2733, a bill to provide for the preserva- the mass and intimidation of the inde- names of the Senator from Maryland tion of assisted housing for low income pendent press in the Russian Federa- (Mr. SARBANES), the Senator from Ala- elderly persons, disabled persons, and tion, expressing support for freedom of bama (Mr. SESSIONS), the Senator from other families. speech and the independent media in Arizona (Mr. MCCAIN), and the Senator S. 2793 the Russian Federation, and calling on from Oregon (Mr. SMITH) were added as At the request of Mr. HOLLINGS, the the President of the United States to cosponsors of S. 2408, a bill to authorize names of the Senator from North Caro- express his strong concern for freedom the President to award a gold medal on lina (Mr. HELMS) and the Senator from of speech and the independent media in behalf of the Congress to the Navajo Oregon (Mr. WYDEN) were added as co- the Russian Federation. Code Talkers in recognition of their sponsors of S. 2793, a bill to amend the S.J. RES. 48 contributions to the Nation. communications Act of 1934 to At the request of Mr. CAMPBELL, the S. 2516 strengthen the limitation on holding name of the Senator from Georgia (Mr. At the request of Mr. THURMOND, the and transfer of broadcast licenses to CLELAND) was added as cosponsor of name of the Senator from Vermont foreign persons, and to apply a similar S.J. Res. 48, a joint resolution calling (Mr. LEAHY) was added as a cosponsor limitation to holding and transfer of upon the President to issue a procla- of S. 2516, a bill to fund task forces to other telecommunications media by or mation recognizing the 25th anniver- locate and apprehend fugitives in Fed- to foreign governments. sary of the Helsinki Final Act. eral, State, and local felony criminal S. 2807 S. RES. 294 cases and give administrative subpoena At the request of Mr. FRIST, the At the request of Mr. ABRAHAM, the authority to the United States Mar- name of the Senator from Virginia (Mr. name of the Senator from West Vir- shals Service. WARNER) was added as cosponsor of S. ginia (Mr. BYRD) was added as cospon- S. 2554 2807, a bill to amend the Social Secu- sor of S. Res. 294, a resolution desig- At the request of Mr. GREGG, the rity Act to establish a Medicare Pre- nating the month of October 2000 as name of the Senator from Minnesota scription Drug and Supplemental Ben- ‘‘Children’s Internet Safety Month.’’ (Mr. GRAMS) was added as a cosponsor efit Program and to stabilize and im- S. RES. 301 of S. 2554, a bill to amend title XI of prove the Medicare+Choice program, At the request of Mr. THURMOND, the the Social Security Act to prohibit the and for other purposes. names of the Senator from New Mexico display of an individual’s social secu- S. 2829 (Mr. DOMENICI) and the Senator from rity number for commercial purposes At the request of Mr. HUTCHINSON, Tennessee (Mr. THOMPSON) were added without the consent of the individual. the name of the Senator from Vermont as cosponsors of S. Res. 301, a resolu- S. 2700 (Mr. JEFFORDS) was added as cosponsor tion designating August 16, 2000, as At the request of Mr. L. CHAFEE, the of S. 2829, a bill to provide of an inves- ‘‘National Airborne Day.’’ names of the Senator from Louisiana tigation and audit at the Department S. RES. 304 (Ms. LANDRIEU), the Senator from New of Education. At the request of Mr. BIDEN, the Jersey (Mr. TORRICELLI), the Senator S. 2869 names of the Senator from Massachu- from North Dakota (Mr. DORGAN), the At the request of Mr. HATCH, the setts (Mr. KERRY), the Senator from Senator from Kentucky (Mr. BUNNING), Maryland (Ms. MIKULSKI), the Senator the Senator from New Hampshire (Mr. name of the Senator from Idaho (Mr. CRAPO) was added as cosponsor of S. from Virginia (Mr. ROBB), and the Sen- GREGG), the Senator from Tennessee 2869, a bill to protect religious liberty, ator from Kansas (Mr. ROBERTS) were (Mr. FRIST), and the Senator from Cali- and for other purposes. added as cosponsors of S. Res. 304, a fornia (Mrs. BOXER) were added as co- S. 2872 resolution expressing the sense of the sponsors of S. 2700, a bill to amend the Senate regarding the development of Comprehensive Environmental Re- At the request of Mr. CAMPBELL, the name of the Senator from New Mexico educational programs on veterans’ con- sponse, Compensation, and Liability tributions to the country and the des- Act of 1980 to promote the cleanup and (Mr. DOMENICI) was added as cosponsor of S. 2872, a bill to improve the cause of ignation of the week that includes Vet- reuse of brownfields, to provide finan- erans Day as ‘‘National Veterans cial assistance for brownfields revital- action for misrepresentation of Indian arts and crafts. Awareness Week’’ for the presentation ization, to enhance State response pro- of such educational programs. grams, and for other purposes. S. 2891 f S. 2703 At the request of Mr. REID, the name At the request of Mr. AKAKA, the of the Senator from Colorado (Mr. SENATE RESOLUTION 343—EX- names of the Senator from South Da- CAMPBELL) was added as cosponsor of PRESSING THE SENSE OF THE kota (Mr. JOHNSON), the Senator from S. 2891, a bill to establish a national SENATE THAT THE INTER- Massachusetts (Mr. KERRY), and the policy of basic consumer fair treat- NATIONAL RED CROSS AND RED Senator from Minnesota (Mr. GRAMS) ment for airline passengers. CRESCENT MOVEMENT SHOULD were added as cosponsors of S. 2703, a S. 2912 RECOGNIZE AND ADMIT TO FULL bill to amend the provisions of title 39, At the request of Mr. KENNEDY, the MEMBERSHIP ISRAEL’S MAGEN United States Code, relating to the names of the Senator from Vermont DAVID ADOM SOCIETY WITH ITS manner in which pay policies and (Mr. LEAHY), the Senator from Min- EMBLEM, THE RED SHIELD OF schedules and fringe benefit programs nesota (Mr. WELLSTONE), and the Sen- DAVID; TO THE COMMITTEE ON for postmasters are established. ator from South Dakota (Mr. DASCHLE) FOREIGN RELATIONS S. 2718 were added as cosponsors of S. 2912, a Mr. FITZGERALD (for himself, Mr. At the request of Mr. SMITH, of New bill to amend the Immigration and Na- LIEBERMAN, Mr. HAGEL, Mr. HELMS, and Hampshire, the name of the Senator tionality Act to remove certain limita- Mr. LUGAR) submitted the following

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00108 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.003 S26JY0 July 26, 2000 CONGRESSIONAL RECORD—SENATE 16391 resolution; which was referred to the (4) the Red Shield of David should be ac- have maintained ‘‘excellent working Committee on Foreign Relations: corded the same recognition under inter- relations’’ with the MDA for decades. national law as the Red Cross and the Red S. RES. 343 The existing Protocols of the Geneva Crescent. Whereas Israel’s Magen David Adom Soci- Conventions provide for two different ety has since 1930 provided emergency relief Mr. FITZGERALD. Mr. President, uses of the Movement emblem: ‘‘pro- to people in many countries in times of need, today I am introducing a resolution ex- tective,’’ whcih is used for protective pain, and suffering, regardless of nationality pressing the sense of the Senate that purposes in armed conflicts and re- or religious affiliation; the International Red Cross and Red quires the use of a single unique em- Whereas in the past year alone, the Magen Crescent Movement should recognize David Adom Society has provided invaluable blem, and ‘‘indicative,’’ which is used humanitarian services in Kosovo, Indonesia, and admit to full membership Israel’s for identification purposes in non-con- Ethiopia, and Eritrea, as well as Greece and Magen David Adom Society with its flict circumstances, and therefore al- Turkey in the wake of the earthquakes that emblem, the Red Shield of David. I lows for the existence of several em- devastated these countries; thank Senators LIEBERMAN, HAGEL, blems. Currently, negotiations are un- Whereas the American Red Cross has rec- HELMS, and LUGAR for joining me as derway to add a possible third Protocol ognized the superb and invaluable work done original cosponsors of this important to the Geneva Conventions to create a by the Magen David Adom Society and con- resolution. new neutral emblem and allow for siders the exclusion of the Magen David Adom Society from the International Red The International Red Cross and Red MDA recognition with its emblem. Cross and Red Crescent Movement ‘‘an injus- Crescent Movement is the largest hu- However, before these negotiations can tice of the highest order’’; manitarian network in the world. The translate into formal recognition, sig- Whereas the American Red Cross has re- Movement has many components, in- nificant procedural hudles must be peatedly urged that the International Red cluding the International Committee overcome, including super-majority Cross and Red Crescent Movement recognize of the Red Cross (the ICRC—the Swiss- votes of three bodies and ratification the Magen David Adom Society as a full based founding institution of the Move- by member nations that could take member, with its emblem; Whereas the Magen David Adom Society ment that serves as a neutral inter- years. Meanwhile, the American Red utilizes the Red Shield of David as its em- mediary in armed conflict areas) and Cross has been pursuing other ap- blem, in similar fashion to the utilization of the International Federation of Red proaches that would allow for the rec- the Red Cross and Red Crescent by other na- Cross and Red Crescent Societies (the ognition of MDA and its emblem with- tional societies; Federation, which groups together the out the introduction of a third Pro- Whereas the Red Cross and the Red Cres- Movement’s 176 recognized national so- tocol. cent have been recognized as protective em- The resolution I am introducing blems under the Statutes of the Inter- cieties and coordinates international disaster relief and refugee assistance in today would help facilitate the negoti- national Red Cross and Red Crescent Move- ating process by putting the Senate on ment; non-conflict areas). Whereas the International Committee of The Red Shield of David has been in record in support of MDA recognition the Red Cross has ignored previous requests use and recognized de facto since 1930 at a critical time in these negotiations. from the United States Congress to recognize as the distinctive emblem of the med- The House of Representatives passed a the Magen David Adom Society; ical and first aid services of the Jewish similar resolution on May 3, 2000. The Whereas the Statutes of the International Senate, however, last announced its Red Cross and Red Crescent Movement state population in Palestine and, after 1948, the state of Israel. Israel signed the Ge- support of recognition of MDA and its that it ‘‘makes no discrimination as to na- emblem over 12 years ago. tionality, race, religious beliefs, class or po- neva Conventions in 1949. The new litical opinions,’’ and it ‘‘may not take sides state of Israel therefore attempted to Over the last six years, the United in hostilities or engage at any time in con- have the Red Shield of David recog- States Government has provided the troversies of a political, racial, religious or nized in the Geneva Conventions as an ICRC and the Federation with $713 mil- ideological nature’’; alternative to the red cross, the red lion. Once again, the United States Whereas although similar national organi- Senate should urge the International zations of Iraq, North Korea, and Afghani- crescent, and the red lion and sun. In a secret ballot, however, Israel’s request Red Cross and Red Crescent Movement stan are recognized as full members of the to recognize the Red Shield of David was rejected, 22 to 21. The end result International Red Cross and Red Crescent emblem and admit MDA for full mem- Movement, the Magen David Adom Society was that Israel’s equivalent of the Red bership in the Movement. has been denied membership since 1949; Cross, Magen David Adom (MDA), was I urge my colleagues to support this Whereas in the six fiscal years 1994 through relegated to non-voting observer status resolution to encourage the Inter- 1999, the United States Government provided and thereby effectively excluded from a total of $631,000,000 to the International national Red Cross and Red Crescent the Movement. Committee of the Red Cross and $82,000,000 to Movement to recognize Israel’s Magen In rejecting the Red Shield of David, the International Federation of Red Cross David Adom society and its emblem, and excluding Israel’s national society and Red Crescent Societies; and the Red Shield of David. Whereas in fiscal year 1999 alone, the from the Movement, the 1949 diplo- United States Government provided matic convention established the prin- f $119,500,000 to the International Committee ciple that only those already using an SENATE RESOLUTION 344—EX- of the Red Cross and $7,300,000 to the Inter- exceptional sign—that is, a non-Red PRESSING THE SENSE OF THE national Federation of Red Cross and Red Cross emblem—had the right to con- SENATE THAT THE PROPOSED Crescent Societies: Now, therefore, be it Resolved, That— tinue using it. All new national soci- MERGER OF UNITED AIRLINES (1) the International Committee on the eties would have to adopt the Red AND U.S. AIRWAYS IS INCON- Red Cross should immediately recognize the Cross. However, the admission of 25 SISTENT WITH THE PUBLIC IN- Magen David Adom Society and the Magen new Red Crescent societies since 1949 TEREST AND PUBLIC CONVEN- David Adom Society should be granted full demonstrates the inconsistency with IENCE AND NECESSITY POLICY membership in the International Red Cross which this principle has been applied. SET FORTH IN SECTION 40101 OF and Red Crescent Movement; (2) the International Federation of Red Despite MDA’s exclusion from the TITLE 49, UNITED STATES CODE Cross and Red Crescent Societies should Movement, it has continuously played Mr. MCCAIN (for himself and Mr. grant full membership to the Magen David an active role in disaster assistance GORTON) submitted the following reso- Adom Society immediately following rec- worldwide, recently helping to rescue lution; which was referred to the Com- ognition by the International Committee of trapped civilians following the 1999 mittee on Commerce, Science, and the Red Cross of the Magen David Adom So- earthquakes in Turkey and Greece. Transportation: ciety; Israeli medical teams were also among (3) the Magen David Adom Society should S. RES. 344 not be required to give up or diminish its use the first to assist victims of severe Whereas, in 1999 the 6 largest hub-and- of its emblem as a condition for immediate flooding in Mozambique this year. spoke airlines in the United States ac- and full membership in the International ICRC officials have praised MDA for its counted for nearly 80 percent of the revenue Red Cross and Red Crescent Movement; and ‘‘life-saving work’’ and report they passenger miles flown by domestic airlines,

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00109 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.003 S26JY0 16392 CONGRESSIONAL RECORD—SENATE July 26, 2000 Whereas, according to Department of ment their Airline Customer Service Com- competitors out of the market, and to Transportation statistics, a combined United mitment; single potential entrants that they Airlines and US Airways would result in at Whereas, the combination of 2 entities as dare not compete with the incumbent. least 20 airline hub airports in the United large as United Airlines and US Airways Today, many new entrants simply could cause at least short-term disruptions States where a single airline and its affiliate choose not to enter the major airlines’ air carriers would carry more than 50 per- in service; cent of the passenger traffic; Whereas, according to the Department of hub markets because they fear they Whereas, the Department of Transpor- Transportation statistics for the month of cannot survive a sustained head-to- tation and the General Accounting Office May 2000, for the 10 major airlines, a com- head battle. A United-US Airways have documented that air fares are rel- bined United Airlines and US Airways would merger, and the consolidation that atively higher at those airline hub airports have had the lowest percentage of ontime would ensue, would further entrench where a single airline carries more than 50 flight arrivals, the highest percentage of the incumbent air carriers’ positions. percent of the passenger traffic; flight operations canceled, the second high- I admit that there are benefits asso- Whereas, a combined United Airlines and est rate of consumer complaints, and the sec- ciated with the proposed United-US US Airways would hold approximately 40 ond highest rate of mishandled baggage: Now, therefore, be it Airways merger. The carriers, for in- percent of the air carrier takeoff and landing stance, tout ‘‘seamless’’ connections to slots at the 4 high density airports, even tak- Resolved, That— ing into account the parties’ planned divesti- (1) the Senate expresses concern about the international destinations, an ex- ture of slots at Ronald Reagan Washington proposed United Airlines-US Airways merger panded frequent flyer program, and National Airport; because of its potential to leave consumers similar benefits that should appeal to Whereas, most analysts agree that a with fewer travel options, higher fares, and travelers on the United-US Airways United Airlines-US Airways merger would lowered levels of service; and system. lead to other merger in the airline industry, (2) it is the sense of the Senate that the po- United and US Airways also applaud tential consumer detriments from the pro- likely resulting in combinations that would new service to a multitude of destina- reduce the 6 largest domestic hub-and-spoke posed United Airlines-US Airways merger outweigh the potential consumer benefits. tions as a consequence of the merger. airlines to 3 airlines; It is important to note, however, that Whereas, media reports indicate that Mr. MCCAIN. Mr. President, I am American Airlines has made a tangible offer pleased to be joined by the Commerce what is new to United is not exactly to purchase Northwest Airlines and that Committee Aviation Subcommittee new to the flying public, since United’s ‘‘new’’ service is made up of flights Delta Air Lines and Continental Airlines Chairman, Senator GORTON, to intro- have engaged in merger negotiations; duce a Senate resolution expressing that are now offered by US Airways. Whereas, it would be difficult for the De- Again, the point is that the anti- our strong reservations about the pro- partment of Transportation and other re- competitive harm posed by the pro- posed merger of United Airlines and US sponsible Federal agencies of jurisdiction to posed United-US Airways merger out- Airways. disapprove subsequent airline merger pro- weighs its benefits. And that conclu- Through Commerce Committee delib- posals if the government allows the largest sion does not even take into account domestic airline, in terms of total operating erations, Senator GORTON and I have the customer service problems associ- revenue and revenue passenger miles flown carefully analyzed the proposed merg- ated with integrating the work forces in 1999, United Airlines, to merge with the er, as well as its long-term consumer of two or more major airlines. sixth largest airline, US Airways, making effects. We conclude that whatever air I want to underscore that this resolu- United Airlines substantially bigger than its travelers stand to gain from the merg- next largest competitor; tion is designed to express our concerns er is outweighed by what they stand to Whereas, 3 larger domestic airlines will about the proposed United-US Airways lose. have substantially increased market power, merger. It does not seek to force any The public interest would likely be and would have the ability to use that mar- federal agency or department to take harmed by a United Airlines-US Air- ket power to drive low fare competitors out any specific action with respect to the of direct competition and to thwart new air- ways merger. First, almost all analysts proposed merger. However, our con- line entry into the marketplace; agree that the merger would trigger cerns for the consumer are of such a Whereas, the Department of Transpor- additional consolidation in the airline significant nature that we are com- tation credits nearly all of the benefits of de- industry. The six largest hub-and- regulation (a reported $6.3 billion in annual pelled to introduce this resolution. spoke carriers in the country would savings to airline passengers) to the entry I ask unanimous consent to have likely become the ‘‘big three.’’ Every- and existence of low fare airline competitors printed in the RECORD a letter from the in the marketplace; thing else being equal, basic economic father of airline deregulation, Prof. Al- Whereas, a combined United Airlines and principles suggest that consumers are fred Kahn. His letter outlines his pre- US Airways, including their commuter air- better served by having six competitors line partners, would be the only carrier offer- liminary concerns with the proposed in a market rather than three. United-U.S. Airways merger. ing nonstop flights between at least 26 do- Even at this preliminary date, our mestic airports in 12 States; There being no objection, the letter experience bears out the prediction of was ordered to be printed in the Whereas, in 1999 United Airlines and US additional industry consolidation. Airways enplaned 22 percent of all revenue RECORD, as follows: American Airlines has already made an passengers flown by domestic airlines; ALFRED E. KAHN, Whereas, the transition from 6 major air- offer for Northwest Airlines. Delta Air Ithaca, New York, June 9, 2000. lines to 3 would likely result in less competi- Lines and Continental have reportedly Hon. JOHN MCCAIN, tion and higher fares, giving consumers engaged in merger negotiations. Chairman, Committee on Commerce, Science and fewer choices and decreased customers serv- Consolidation among these network Transportation, U.S. Senate, Russell Senate ice; carriers poses additional problems for Office Building, Washington, DC. Whereas, it is the role of the Senate Com- the flying public. The likely result of DEAR SENATOR MCCAIN: I’m very sorry that mittee on Commerce, Science, and Transpor- fewer carriers is more single-carrier I can’t accept your invitation to testify be- tation and, more specifically the Sub- concentration at hub airports across fore your Committee on June 20th, and hope committee on Aviation, to conduct oversight that you will regard the arrival that day of of the aviation industry and to promote con- the country. Studies by the Depart- my son and his family from Australia, for a sumers’ receiving a basic level of airline cus- ment of Transportation, the General brief visit, as a sufficient reason. I particu- tomer service; Accounting Office, and others consist- larly regret my inability to take advantage Whereas, the Air Transport Association ently conclude that air fares are rel- of that opportunity to renew our acquaint- member air carriers agreed to an Airline atively higher at hub airports ‘‘domi- ance. Customer Service Commitment to improve nated’’ by a single carrier. Your Ann Choiniere has asked me to offer, the current level of customer service in the Important new entry in the airline as a substitute, a statement of my—as yet airline industry; industry would be hurt by consolida- only provisional—opinions about the pro- Whereas, in an interim oversight report, posed merger of United Airlines and US Air- the Department of Transportation Inspector tion among the major airlines. The ways. I am happy to do so, even though, to General recently concluded that the results mega-carriers would have additional repeat, I have by no means a settled final are mixed with respect to the effectiveness resources to engage in fierce and pro- opinion about whether or not it should be ap- of the efforts of the major airlines to imple- longed behavior designed to drive new proved.

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00110 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.003 S26JY0 July 26, 2000 CONGRESSIONAL RECORD—SENATE 16393 I do urge you to give careful consideration with US Airways; if some place within a cou- to the companies involved in the com- to its possible anticompetitive effects, how- ple of hundred miles of Pittsburgh is the petitive field. Public policy should con- ever. The central premise of deregulation needed location—observe the hubs of Conti- cern itself with consumer interests and was that competition would best serve and nental at Cleveland and Delta at Cin- with the interests of the millions of cinnati—then why not, say, Buffalo for protect consumers; that meant vigorous en- Americans who use these airlines to fly forcement of the antitrust laws rather than United? And while I have the impression direct regulation would become critical in that the suppression of potential competi- from one place to another across the the new regime. tion has not played a major role in most United States and for that matter Primary responsibility for making this in- merger litigation, it might properly be defin- overseas. vestigation rests, of course, with the anti- itive in this case, if only because, either ex- A merger of these two airlines would trust agencies. It is my understanding, how- plicitly or implicitly, United is in effect con- create by far the largest single airline ever, that the Antitrust Division’s resources ceding the potentiality of that competition in the United States. Inevitably, it are severely strained by their other obliga- in its rationalizations of the merger itself. seems to me that would lead to two tions, including other proceedings specifi- The stronger its argument that it does in- more mergers, at the very least involv- cally involving the airlines; if they lack the deed require a big hub in the Northeast, the more that signifies that the alternative, if it ing the other four of the largest six air- resources to look at this latest proposed lines in the United States. In fact, it merger with great care, it seems to me that were denied the opportunity to acquire US would be a case of the government being Airways, would be to construct a major com- would be almost impossible to mount a penny-wise and pound-foolish. Partly be- petitive hub of its own. logical and rational defense against cause of the possible direct effects of this 4. In addition, if indeed United’s acquisi- such mergers as those airlines would merger and, perhaps even more, because of tion of a competitive advantage by this ac- complain with real justification that its threatening to set off a series of imitative quisition—giving it the first claim on traffic they were no longer competitive with mergers that would substantially increase feed from US Airways’ extensive network— the giant created by a United-U.S. Air- the concentration of the domestic industry, does increase the pressure on other carriers, particularly American to merge similarly, ways merger. there is a possible jeopardy here to the many From our perspective, we need to billions of dollars that consumers have been then it seems to me that is a possible com- petitive consequence of this particular merg- consider what the ultimate outcome of saving each year because off the competition this merger would be and the impact it set off by deregulation. er that should additionally be taken into ac- It seems to me there are several levels at count in deciding whether it should be per- would have on airline passengers all which to assess these possible anticompeti- mitted. across the United States. There would tive effects. I do hope you will undertake this impor- be a significant increase in the number 1. The first goes to the question of whether tant inquiry: we may be confronting a very of hubs overwhelmingly dominated by there are any substantial number of par- radical consolidation of the industry, which a single airline. There would be, in my ticular routes on which United and US Air- cannot be a matter of indifference to people like you and me, who have regarded deregu- view, a sharp decrease in the competi- ways are already direct competitors. In the tion for airline travel in many cities case of the proposed merger of Continental/ lation as a striking success thus far. With warm personal regards, across the United States. There would Northwest, the Antitrust Division identified Sincerely, certainly be the legitimate desire on several very important routes between their ALFRED E. KAHN, respective hubs (for example, Houston/Min- the part of the remaining airlines to Robert Julius Thorne Professor of Political neapolis-St. Paul, Houston/Detroit, Cleve- maximize their profits. That exists at Economy, Emeritus, Cornell University; land/Minneapolis-St. Paul, Cleveland/Mem- the present time. But these three Chairman, Civil Aeronautics Board 1977–78. phis, Newark/Twin Cities) on which it ap- mergers would vastly increase the abil- peared those airlines were the two main if Mr. MCCAIN. Mr. President, I want ity of the airlines to do so in what not only competitors, and their merger to highlight one point Professor Kahn would be distinctly a less competitive would simply eliminate that competition. I makes. He asserts that United’s main market. do not know to what extent there are similar justification for the merger is the need I have attended hearings on this sub- overlaps between US Airways and United. for a hub in the northeast. He goes on ject. I have had meetings with the 2. In deregulating the airlines we relied to question, however, why United CEOs of both airlines seeking to merge very heavily on the threat of potential as doesn’t create a hub in the northeast, well as actual competition to prevent exploi- and with some of those who have ap- tation of consumers: an important part of rather than follow the path of ‘‘least prehensions about that merger. I may the rationale of deregulation was the competitive resistance’’ by trying to say there are a number of ways in contestability of airline markets. It seems to acquire on its competitors’ hubs. Mr. which my mind was changed by those me highly likely that there are many routes President, I ask the same question, and meetings. My first reaction to the pro- in which United or US Airways is a potential urge my colleagues to join Senator posal was that the creation of one new competitor of the other. And it is my recol- GORTON and me in supporting this Sen- entrant—D.C. Airlines—was little more lection that while studies of the behavior of ate resolution expressing our strong than a sham. The hearings and my airline fares after deregulation (notably one concerns about a United-US Airways by Winston and Morrison and another by meetings indicated to me that I was al- Gloria Hurdle, Andrew Joskow and others) merger. most certainly wrong in that respect, demonstrated that one actual competitor in Mr. President, I thank my friend and and that the proposed new owner and a market is worth two or three potential colleague, the distinguished chairman manager of D.C. Airlines did intend to contesters in the bush, they nevertheless of the Aviation Subcommittee of the be a real airline to provide real service. also found that the presence of a potential Commerce Committee who joined me But even if we grant the potential suc- contester—identified as a carrier already in this resolution. cess of that airline, the net effect on present at one or the other end of a route— I yield the floor. competition overall would be highly did constrain the fares incumbents could The PRESIDING OFFICER. The Sen- negative on the part of this merger. charge. ator from Washington. I join with the chairman of the Com- 3. The likelihood that a United/US Airways Mr. GORTON. Mr. President, it is my merce Committee in this resolution. I merger would indeed result in suppression of purpose to join with the Senator from this potential competition would seem to be do not think in the ultimate analysis enhanced by what I take it would be United’s Arizona today in introducing this that this merger is in the public inter- explanation and justification—namely, its sense-of-the-Senate resolution. Each of est. I believe it would lessen competi- need for a strong hub in the Northeast (com- us has thought long and hard about tion among domestic airlines. I think mented on widely in the literature, along this proposed measure, as it goes to the it would not improve the way in which with attributions of a similar need to Amer- heart of our air transport system in the the airline passengers are treated, and ican Airlines). But if United really does feel United States. I believe I speak for the probably, at least in the short term the need for a big hub in the Northeast, this Senator from Arizona as well as for and perhaps in the long term, would ex- suggests that it is indeed an important po- myself in saying this merger seems tential competitor of US Airways, and that, acerbate an already troublesome situa- denied the ability to acquire the hub in the quite obviously to be beneficial both to tion. easiest, noncompetitive fashion, by acquisi- United Airlines and to U.S. Airways. I believe we would end up with three tion, it might instead feel impelled to con- Public policy, however, does not con- major airlines flying roughly 80 per- struct a hub of its own in direct competition cern itself primarily with the benefits cent of all the passengers on domestic

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00111 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.003 S26JY0 16394 CONGRESSIONAL RECORD—SENATE July 26, 2000 flights in the United States, and that Colorado, or its Water and Power Depart- Sec. 202. Findings. the net result, by a significant margin ment or any other agency, public utility, or Sec. 203. Assistance for tuberculosis preven- from such a merger, would not be in enterprise of the city, providing for the use tion, treatment, control, and the public interest. of facilities of the Colorado-Big Thompson elimination. I hope this resolution becomes more Project, Colorado, under the Act of February TITLE III—ADMINISTRATIVE 21, 1911 (43 U.S.C. 523), for— formalized than it is just by the intro- AUTHORITIES (1) the impounding, storage, and carriage Sec. 301. Effective program oversight. duction by these two Members. I sus- of nonproject water originating on the east- Sec. 302. Termination expenses. pect the chairman of the Commerce ern slope of the Rocky Mountains for domes- TITLE I—ASSISTANCE TO COUNTRIES Committee will bring it up in the Com- tic, municipal, industrial, and other bene- WITH LARGE POPULATIONS HAVING merce Committee. I hope it is here for ficial purposes; and HIV/AIDS (2) the exchange of water originating on consideration by the entire Senate SEC. 101. SHORT TITLE. promptly, and it will be considered by the eastern slope of the Rocky Mountains for This title may be cited as the ‘‘Global the regulatory authorities that are the purposes specified in paragraph (1), using AIDS Research and Relief Act of 2000’’. facilities associated with the Colorado-Big dealing with the proposed merger at SEC. 102. DEFINITIONS. the present time. Thompson Project, Colorado. In this title: f (1) AIDS.—The term ‘‘AIDS’’ means the ac- WORLD BANK AIDS PREVENTION quired immune deficiency syndrome. AMENDMENTS SUBMITTED TRUST FUND ACT (2) ASSOCIATION.—The term ‘‘Association’’ means the International Development Asso- ciation. TREASURY AND GENERAL GOV- ANK HELMS (AND OTHERS) (3) B .—The term ‘‘Bank’’ or ‘‘World ERNMENT APPROPRIATIONS ACT, Bank’’ means the International Bank for Re- AMENDMENT NO. 4018 2001 construction and Development. Mr. HELMS (for himself, Mr. BIDEN, (4) HIV.—The term ‘‘HIV’’ means the Mr. FRIST, Mr. KERRY, Mr. SMITH of Or- human immunodeficiency virus, the patho- gen which causes AIDS. LEAHY AMENDMENT NO. 4016 egon, Mrs. BOXER, and Mr. FEINGOLD) (5) HIV/AIDS.—The term ‘‘HIV/AIDS’’ (Ordered to lie on the table.) proposed an amendment to the bill means, with respect to an individual, an in- Mr. LEAHY submitted the following (H.R. 3519) to provide for negotiations dividual who is infected with HIV or living amendment intended to be proposed by for the creation of a trust fund to be with AIDS. him to the bill (H.R. 4871) making ap- administered by the International SEC. 103. FINDINGS AND PURPOSES. propriations for the Treasury Depart- Bank for Reconstruction and Develop- (a) FINDINGS.—Congress makes the fol- ment, the United States Postal Serv- ment of the International Development lowing findings: ice, the Executive Office of the Presi- Association to combat the AIDS epi- (1) According to the Surgeon General of dent, and certain Independent Agen- demic; as follows: the United States, the epidemic of human cies, for the fiscal year ending Sep- immunodeficiency virus/acquired immune Strike all after the enacting clause and in- deficiency syndrome (HIV/AIDS) will soon tember 30, 2001, and for other purposes; sert the following: become the worst epidemic of infectious dis- as follows: SECTION 1. SHORT TITLE. ease in recorded history, eclipsing both the At the appropriate place, insert the fol- This Act may be cited as the ‘‘Global AIDS bubonic plague of the 1300’s and the influenza lowing: and Tuberculosis Relief Act of 2000’’. epidemic of 1918–1919 which killed more than SEC. . Not later than 90 days after the SEC. 2. TABLE OF CONTENTS. 20,000,000 people worldwide. date of the enactment of this Act, the In- (2) According to the Joint United Nations spector General of each agency funded under The table of contents for this Act is as fol- lows: Programme on HIV/AIDS (UNAIDS), more this Act shall submit to the Congress a re- than 34,300,000 people in the world today are port that discloses— Sec. 1. Short title. living with HIV/AIDS, of which approxi- (1) any agency activity related to the col- Sec. 2. Table of contents. mately 95 percent live in the developing lection or review of singular data, or the cre- TITLE I—ASSISTANCE TO COUNTRIES world. ation of aggregate lists that include person- WITH LARGE POPULATIONS HAVING (3) UNAIDS data shows that among chil- ally identifiable information, about individ- HIV/AIDS dren age 14 and under worldwide, more than uals who access any Internet site of the Sec. 101. Short title. 3,800,000 have died from AIDS, more than agency; and 1,300,000 are living with the disease; and in (2) any agency activity related to entering Sec. 102. Definitions. one year alone—1999—an estimated 620,000 into agreements with third parties, including Sec. 103. Findings and purposes. became infected, of which over 90 percent other government agencies, to collect, re- Subtitle A—United States Assistance were babies born to HIV-positive women. view, or obtain aggregate lists or singular Sec. 111. Additional assistance authorities (4) Although sub-Saharan Africa has only data containing personally identifiable infor- to combat HIV and AIDS. 10 percent of the world’s population, it is mation relating to any individual’s access or Sec. 112. Voluntary contribution to Global home to more than 24,500,000—roughly 70 per- viewing habits to nongovernmental Internet Alliance for Vaccines and Im- cent—of the world’s HIV/AIDS cases. sites. munizations and International (5) Worldwide, there have already been an AIDS Vaccine Initiative. estimated 18,800,000 deaths because of HIV/ ENERGY AND WATER DEVELOP- Sec. 113. Coordinated donor strategy for sup- AIDS, of which more than 80 percent oc- MENT APPROPRIATIONS ACT, port and education of orphans curred in sub-Saharan Africa. 2001 in sub-Saharan Africa. (6) The gap between rich and poor coun- Sec. 114. African Crisis Response Initiative tries in terms of transmission of HIV from and HIV/AIDS training. mother to child has been increasing. More- ALLARD AMENDMENT NO. 4017 Subtitle B—World Bank AIDS Trust Fund over, AIDS threatens to reverse years of (Ordered to lie on the table.) CHAPTER 1—ESTABLISHMENT OF THE FUND steady progress of child survival in devel- oping countries. UNAIDS believes that by Mr. ALLARD submitted an amend- Sec. 121. Establishment. the year 2010, AIDS may have increased mor- ment intended to be proposed by him Sec. 122. Grant authorities. tality of children under 5 years of age by Sec. 123. Administration. to the bill (H.R. 4733) making appro- more than 100 percent in regions most af- Sec. 124. Advisory Board. priations for energy and water develop- fected by the virus. ment for the fiscal year ending Sep- CHAPTER 2—REPORTS (7) According to UNAIDS, by the end of tember 30, 2001, and for other purposes; Sec. 131. Reports to Congress. 1999, 13,200,000 children have lost at least one as follows: CHAPTER 3—UNITED STATES FINANCIAL parent to AIDS, including 12,100,000 children On page 66, between lines 11 and 12, insert PARTICIPATION in sub-Saharan Africa, and are thus consid- ered AIDS orphans. the following: Sec. 141. Authorization of appropriations. (8) At current infection and growth rates SEC. 2ll. USE OF COLORADO-BIG THOMPSON Sec. 142. Certification requirement. PROJECT FACILITIES FOR NON- for HIV/AIDS, the National Intelligence PROJECT WATER. TITLE II—INTERNATIONAL Council estimates that the number of AIDS The Secretary of the Interior may enter TUBERCULOSIS CONTROL orphans worldwide will increase dramati- into contracts with the city of Loveland, Sec. 201. Short title. cally, potentially increasing threefold or

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00112 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.003 S26JY0 July 26, 2000 CONGRESSIONAL RECORD—SENATE 16395 more in the next 10 years, contributing to have doubled in just two years in the former ‘‘(B) Of the funds authorized to be appro- economic decay, social fragmentation, and Soviet Union. priated under subparagraph (A), not less political destabilization in already volatile (18) Despite the discouraging statistics on than 65 percent is authorized to be available and strained societies. Children without care the spread of HIV/AIDS, some developing na- through United States and foreign non- or hope are often drawn into prostitution, tions—such as Uganda, Senegal, and Thai- governmental organizations, including pri- crime, substance abuse, or child soldiery. land—have implemented prevention pro- vate and voluntary organizations, for-profit (9) Donors must focus on adequate prepara- grams that have substantially curbed the organizations, religious affiliated organiza- tions for the explosion in the number of or- rate of HIV infection. tions, educational institutions, and research phans and the burden they will place on fam- (19) AIDS, like all diseases, knows no na- facilities. ilies, communities, economies, and govern- tional boundaries, and there is no certitude ‘‘(C)(i) Of the funds authorized to be appro- ments. Support structures and incentives for that the scale of the problem in one con- priated by subparagraph (A), not less than 20 families, communities, and institutions tinent can be contained within that region. percent is authorized to be available for pro- which will provide care for children or- (20) Accordingly, United States financial grams as part of a multidonor strategy to phaned by HIV/AIDS, or for the children who support for medical research, education, and address the support and education of orphans are themselves afflicted by HIV/AIDS, will disease containment as a global strategy has in sub-Saharan Africa, including AIDS or- be essential. beneficial ramifications for millions of phans. (10) The 1999 annual report by the United Americans and their families who are af- ‘‘(ii) Assistance made available under this Nations Children’s Fund (UNICEF) states fected by this disease, and the entire popu- subsection, and assistance made available ‘‘[t]he number of orphans, particularly in Af- lation which is potentially susceptible. under chapter 4 of part II to carry out the rica, constitutes nothing less than an emer- (b) PURPOSES.—The purposes of this title purposes of this subsection, may be made gency, requiring an emergency response’’ are to— available notwithstanding any other provi- and that ‘‘finding the resources needed to (1) help prevent human suffering through sion of law that restricts assistance to for- eign countries. help stabilize the crisis and protect children the prevention, diagnosis, and treatment of ‘‘(D) Of the funds authorized to be appro- is a priority that requires urgent action from HIV/AIDS; and (2) help ensure the viability of economic priated under subparagraph (A), not less the international community.’’. than 8.3 percent is authorized to be available development, stability, and national secu- (11) The discovery of a relatively simple to carry out the prevention strategies for rity in the developing world by advancing re- and inexpensive means of interrupting the vertical transmission referred to in para- search to— transmission of HIV from an infected mother graph (4)(A). to the unborn child—namely with nevirapine (A) understand the causes associated with ‘‘(E) Of the funds authorized to be appro- (NVP), which costs US$4 a tablet—has cre- HIV/AIDS in developing countries; and priated by subparagraph (A), not more than ated a great opportunity for an unprece- (B) assist in the development of an AIDS 7 percent may be used for the administrative dented partnership between the United vaccine. expenses of the agency primarily responsible States Government and the governments of Subtitle A—United States Assistance for carrying out this part of this Act in sup- Asian, African and Latin American countries SEC. 111. ADDITIONAL ASSISTANCE AUTHORITIES port of activities described in paragraphs (4) to reduce mother-to-child transmission (also TO COMBAT HIV AND AIDS. and (5). known as ‘‘vertical transmission’’) of HIV. (a) ASSISTANCE FOR PREVENTION OF HIV/ ‘‘(F) Funds appropriated under this para- (12) According to UNAIDS, if implemented AIDS AND VERTICAL TRANSMISSION.—Section graph are authorized to remain available this strategy will decrease the proportion of 104(c) of the Foreign Assistance Act of 1961 until expended.’’. orphans that are HIV-infected and decrease (22 U.S.C. 2151b(c)) is amended by adding at (b) TRAINING AND TRAINING FACILITIES IN infant and child mortality rates in these de- the end the following new paragraphs: SUB-SAHARAN AFRICA.—Section 496(i)(2) of veloping regions. ‘‘(4)(A) Congress recognizes the growing the Foreign Assistance Act of 1961 (22 U.S.C. (13) A mother-to-child antiretroviral drug international dilemma of children with the 2293(i)(2)) is amended by adding at the end strategy can be a force for social change, human immunodeficiency virus (HIV) and the following new sentence: ‘‘In addition, providing the opportunity and impetus need- the merits of intervention programs aimed providing training and training facilities, in ed to address often long-standing problems of at this problem. Congress further recognizes sub-Saharan Africa, for doctors and other inadequate services and the profound stigma that mother-to-child transmission preven- health care providers, notwithstanding any associated with HIV-infection and the AIDS tion strategies can serve as a major force for provision of law that restricts assistance to disease. Strengthening the health infrastruc- change in developing regions, and it is, foreign countries.’’. ture to improve mother-and-child health, therefore, a major objective of the foreign SEC. 112. VOLUNTARY CONTRIBUTION TO GLOB- antenatal, delivery and postnatal services, assistance program to control the acquired AL ALLIANCE FOR VACCINES AND and couples counseling generates enormous immune deficiency syndrome (AIDS) epi- IMMUNIZATIONS AND INTER- spillover effects toward combating the AIDS demic. NATIONAL AIDS VACCINE INITIA- ‘‘(B) The agency primarily responsible for TIVE. epidemic in developing regions. administering this part shall— (a) AUTHORIZATION OF APPROPRIATIONS.— (14) United States Census Bureau statistics ‘‘(i) coordinate with UNAIDS, UNICEF, Section 302 of the Foreign Assistance Act of show life expectancy in sub-Saharan Africa WHO, national and local governments, and 1961 (22 U.S.C. 2222) is amended by adding at falling to around 30 years of age within a other organizations to develop and imple- the end the following new subsections: decade, the lowest in a century, and project ment effective strategies to prevent vertical ‘‘(k) In addition to amounts otherwise life expectancy in 2010 to be 29 years of age transmission of HIV; and available under this section, there is author- in Botswana, 30 years of age in Swaziland, 33 ‘‘(ii) coordinate with those organizations ized to be appropriated to the President years of age in Namibia and Zimbabwe, and to increase intervention programs and intro- $50,000,000 for each of the fiscal years 2001 36 years of age in South Africa, Malawi, and duce voluntary counseling and testing, and 2002 to be available only for United Rwanda, in contrast to a life expectancy of antiretroviral drugs, replacement feeding, States contributions to the Global Alliance 70 years of age in many of the countries and other strategies. for Vaccines and Immunizations. without a high prevalence of AIDS. ‘‘(5)(A) Congress expects the agency pri- ‘‘(l) In addition to amounts otherwise (15) A January 2000 United States National marily responsible for administering this available under this section, there is author- Intelligence Estimate (NIE) report on the part to make the human immunodeficiency ized to be appropriated to the President global infectious disease threat concluded virus (HIV) and the acquired immune defi- $10,000,000 for each of the fiscal years 2001 that the economic costs of infectious dis- ciency syndrome (AIDS) a priority in the for- and 2002 to be available only for United eases—especially HIV/AIDS—are already sig- eign assistance program and to undertake a States contributions to the International nificant and could reduce GDP by as much as comprehensive, coordinated effort to combat AIDS Vaccine Initiative.’’. 20 percent or more by 2010 in some sub-Saha- HIV and AIDS. (b) REPORT.—At the close of fiscal year ran African nations. ‘‘(B) Assistance described in subparagraph 2001, the President shall submit a report to (16) According to the same NIE report, HIV (A) shall include help providing— the appropriate congressional committees on prevalence among militias in Angola and the ‘‘(i) primary prevention and education; the effectiveness of the Global Alliance for Democratic Republic of the Congo are esti- ‘‘(ii) voluntary testing and counseling; Vaccines and Immunizations and the Inter- mated at 40 to 60 percent, and at 15 to 30 per- ‘‘(iii) medications to prevent the trans- national AIDS Vaccine Initiative during that cent in Tanzania. mission of HIV from mother to child; and fiscal year in meeting the goals of— (17) The HIV/AIDS epidemic is of increas- ‘‘(iv) care for those living with HIV or (1) improving access to sustainable immu- ing concern in other regions of the world, AIDS. nization services; with UNAIDS estimating that there are ‘‘(6)(A) In addition to amounts otherwise (2) expanding the use of all existing, safe, more than 5,600,000 cases in South and available for such purpose, there is author- and cost-effective vaccines where they ad- South-east Asia, that the rate of HIV infec- ized to be appropriated to the President dress a public health problem; tion in the Caribbean is second only to sub- $300,000,000 for each of the fiscal years 2001 (3) accelerating the development and intro- Saharan Africa, and that HIV infections and 2002 to carry out paragraphs (4) and (5). duction of new vaccines and technologies;

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00113 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.003 S26JY0 16396 CONGRESSIONAL RECORD—SENATE July 26, 2000 (4) accelerating research and development (2) the Advisory Board to the Trust Fund nate its activities with governments, civil efforts for vaccines needed primarily in de- in accordance with section 124. society, nongovernmental organizations, the veloping countries; and (b) PURPOSE.—The purpose of the Trust Joint United Nations Program on HIV/AIDS (5) making immunization coverage a cen- Fund should be to use contributed funds to— (UNAIDS), the International Partnership terpiece in international development ef- (1) assist in the prevention and eradication Against AIDS in Africa, other international forts. of HIV/AIDS and the care and treatment of organizations, the private sector, and donor (c) APPROPRIATE CONGRESSIONAL COMMIT- individuals infected with HIV/AIDS; and agencies working to combat the HIV/AIDS TEES DEFINED.—In subsection (b), the term (2) provide support for the establishment of crisis. ‘‘appropriate congressional committees’’ programs that provide health care and pri- (b) PRIORITY.—In providing grants under means the Committee on Foreign Relations mary and secondary education for children this section, the Trust Fund should give pri- and the Committee on Appropriations of the orphaned by the HIV/AIDS epidemic. ority to countries that have the highest HIV/ Senate and the Committee on International (c) COMPOSITION.— AIDS prevalence rate or are at risk of having Relations and the Committee on Appropria- (1) IN GENERAL.—The Trust Fund should be a high HIV/AIDS prevalence rate. tions of the House of Representatives. governed by a Board of Trustees, which (c) ELIGIBLE GRANT RECIPIENTS.—Govern- SEC. 113. COORDINATED DONOR STRATEGY FOR should be composed of representatives of the ments and nongovernmental organizations SUPPORT AND EDUCATION OF OR- participating donor countries to the Trust should be eligible to receive grants under PHANS IN SUB-SAHARAN AFRICA. Fund. Individuals appointed to the Board this section. (a) STATEMENT OF POLICY.—It is in the na- should have demonstrated knowledge and ex- (d) PROHIBITION.—The Trust Fund should tional interest of the United States to assist perience in the fields of public health, epide- not make grants for the purpose of project in mitigating the burden that will be placed miology, health care (including delivery sys- development associated with bilateral or on sub-Saharan African social, economic, tems), and development. multilateral bank loans. and political institutions as these institu- (2) UNITED STATES REPRESENTATION.— SEC. 123. ADMINISTRATION. tions struggle with the consequences of a (A) IN GENERAL.—Upon the effective date of (a) APPOINTMENT OF AN ADMINISTRATOR.— dramatically increasing AIDS orphan popu- this paragraph, there shall be a United The Board of Trustees, in consultation with lation, many of whom are themselves in- States member of the Board of Trustees, who the appropriate officials of the Bank, should fected by HIV and living with AIDS. Effec- shall be appointed by the President, by and appoint an Administrator who should be re- tively addressing that burden and its con- with the advice and consent of the Senate, sponsible for managing the day-to-day oper- sequences in sub-Saharan Africa will require and who shall have the qualifications de- ations of the Trust Fund. a coordinated multidonor strategy. scribed in paragraph (1). (b) AUTHORITY TO SOLICIT AND ACCEPT CON- EVELOPMENT OF TRATEGY (b) D S .—The (B) EFFECTIVE AND TERMINATION DATES.— TRIBUTIONS.—The Trust Fund should be au- President shall coordinate the development (i) EFFECTIVE DATE.—This paragraph shall thorized to solicit and accept contributions of a multidonor strategy to provide for the take effect upon the date the Secretary of from governments, the private sector, and support and education of AIDS orphans and the Treasury certifies to Congress that an nongovernmental entities of all kinds. the families, communities, and institutions agreement establishing the Trust Fund and (c) ACCOUNTABILITY OF FUNDS AND CRITERIA most affected by the HIV/AIDS epidemic in providing for a United States member of the FOR PROGRAMS.—As part of the negotiations sub-Saharan Africa. Board of Trustees is in effect. described in section 121(a), the Secretary of (c) DEFINITION.—In this section, the term (ii) TERMINATION DATE.—The position es- the Treasury shall, consistent with sub- ‘‘HIV/AIDS’’ means, with respect to an indi- tablished by subparagraph (A) is abolished section (d)— vidual, an individual who is infected with the upon the date of termination of the Trust (1) take such actions as are necessary to human immunodeficiency virus (HIV), the Fund. ensure that the Bank or the Association will pathogen that causes the acquired immune SEC. 122. GRANT AUTHORITIES. have in effect adequate procedures and deficiency virus (AIDS), or living with AIDS. (a) PROGRAM OBJECTIVES.— standards to account for and monitor the use SEC. 114. AFRICAN CRISIS RESPONSE INITIATIVE (1) IN GENERAL.—In carrying out the pur- of funds contributed to the Trust Fund, in- AND HIV/AIDS TRAINING. pose of section 121(b), the Trust Fund, acting cluding the cost of administering the Trust (a) FINDINGS.—Congress finds that— through the Board of Trustees, should pro- Fund; and (1) the spread of HIV/AIDS constitutes a vide only grants, including grants for tech- (2) seek agreement on the criteria that threat to security in Africa; nical assistance to support measures to build should be used to determine the programs (2) civil unrest and war may contribute to local capacity in national and local govern- and activities that should be assisted by the the spread of the disease to different parts of ment, civil society, and the private sector to Trust Fund. the continent; lead and implement effective and affordable (d) SELECTION OF PROJECTS AND RECIPI- (3) the percentage of soldiers in African HIV/AIDS prevention, education, treatment ENTS.—The Board of Trustees should estab- militaries who are infected with HIV/AIDS is and care services, and research and develop- lish— unknown, but estimates range in some coun- ment activities, including access to afford- (1) criteria for the selection of projects to tries as high as 40 percent; and able drugs. receive support from the Trust Fund; (4) it is in the interests of the United (2) ACTIVITIES SUPPORTED.—Among the ac- (2) standards and criteria regarding quali- States to assist the countries of Africa in tivities the Trust Fund should provide fications of recipients of such support; combating the spread of HIV/AIDS. grants for should be— (3) such rules and procedures as may be (b) EDUCATION ON THE PREVENTION OF THE (A) programs to promote the best practices necessary for cost-effective management of SPREAD OF AIDS.—In undertaking education the Trust Fund; and and training programs for military establish- in prevention, including health education (4) such rules and procedures as may be ments in African countries, the United messages that emphasize risk avoidance such necessary to ensure transparency and ac- States shall ensure that classroom training as abstinence; countability in the grant-making process. under the African Crisis Response Initiative (B) measures to ensure a safe blood supply; (e) TRANSPARENCY OF OPERATIONS.—The includes military-based education on the (C) voluntary HIV/AIDS testing and coun- Board of Trustees should ensure full and prevention of the spread of AIDS. seling; (D) measures to stop mother-to-child prompt public disclosure of the proposed ob- Subtitle B—World Bank AIDS Trust Fund transmission of HIV/AIDS, including through jectives, financial organization, and oper- CHAPTER 1—ESTABLISHMENT OF THE diagnosis of pregnant women, access to cost- ations of the Trust Fund. FUND effective treatment and counseling, and ac- SEC. 124. ADVISORY BOARD. SEC. 121. ESTABLISHMENT. cess to infant formula or other alternatives (a) IN GENERAL.—There should be an Advi- (a) NEGOTIATIONS FOR ESTABLISHMENT OF for infant feeding; sory Board to the Trust Fund. TRUST FUND.—The Secretary of the Treasury (E) programs to provide for the support (b) APPOINTMENTS.—The members of the shall seek to enter into negotiations with and education of AIDS orphans and the fami- Advisory Board should be drawn from— the World Bank or the Association, in con- lies, communities, and institutions most af- (1) a broad range of individuals with expe- sultation with the Administrator of the fected by the HIV/AIDS epidemic; rience and leadership in the fields of develop- United States Agency for International De- (F) measures for the deterrence of gender- ment, health care (especially HIV/AIDS), epi- velopment and other United States Govern- based violence and the provision of post-ex- demiology, medicine, biomedical research, ment agencies, and with the member nations posure prophylaxis to victims of rape and and social sciences; and of the World Bank or the Association and sexual assault; and (2) representatives of relevant United Na- with other interested parties, for the estab- (G) incentives to promote affordable access tions agencies and nongovernmental organi- lishment within the World Bank of— to treatments against AIDS and related in- zations with on-the-ground experience in af- (1) the World Bank AIDS Trust Fund (in fections. fected countries. this subtitle referred to as the ‘‘Trust (3) IMPLEMENTATION OF PROGRAM OBJEC- (c) RESPONSIBILITIES.—The Advisory Board Fund’’) in accordance with the provisions of TIVES.—In carrying out the objectives of should provide advice and guidance to the this chapter; and paragraph (1), the Trust Fund should coordi- Board of Trustees on the development and

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00114 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.003 S26JY0 July 26, 2000 CONGRESSIONAL RECORD—SENATE 16397 implementation of programs and projects to (a) for the fiscal years 2001 and 2002, of more widespread drug-resistant strains of be assisted by the Trust Fund and on $50,000,000 are authorized to be available each the disease. leveraging donations to the Trust Fund. such fiscal year only for programs that ben- (8) Eliminating the barriers to the inter- (d) PROHIBITION ON PAYMENT OF COMPENSA- efit orphans. national control of tuberculosis through a TION.— SEC. 142. CERTIFICATION REQUIREMENT. well-structured, comprehensive, and coordi- (1) IN GENERAL.—Except for travel expenses (a) IN GENERAL.—Prior to the initial obli- nated worldwide effort would be a significant (including per diem in lieu of subsistence), gation or expenditure of funds appropriated step in dealing with the increasing public no member of the Advisory Board should re- pursuant to section 141, the Secretary of the health problem posed by the disease. ceive compensation for services performed as Treasury shall certify that adequate proce- SEC. 203. ASSISTANCE FOR TUBERCULOSIS PRE- a member of the Board. dures and standards have been established to VENTION, TREATMENT, CONTROL, (2) UNITED STATES REPRESENTATIVE.—Not- ensure accountability for and monitoring of AND ELIMINATION. withstanding any other provision of law (in- the use of funds contributed to the Trust Section 104(c) of the Foreign Assistance cluding an international agreement), a rep- Fund, including the cost of administering Act of 1961 (22 U.S.C. 2151b(c)), as amended by section 111(a) of this Act, is further amended resentative of the United States on the Advi- the Trust Fund. by adding at the end the following: sory Board may not accept compensation for RANSMITTAL OF CERTIFICATION.—The (b) T ‘‘(7)(A) Congress recognizes the growing services performed as a member of the certification required by subsection (a), and Board, except that such representative may international problem of tuberculosis and the bases for that certification, shall be sub- the impact its continued existence has on accept travel expenses, including per diem in mitted by the Secretary of the Treasury to lieu of subsistence, while away from the rep- those nations that had previously largely Congress. controlled the disease. Congress further rec- resentative’s home or regular place of busi- TITLE II—INTERNATIONAL ognizes that the means exist to control and ness in the performance of services for the TUBERCULOSIS CONTROL treat tuberculosis, and that it is therefore a Board. SEC. 201. SHORT TITLE. major objective of the foreign assistance pro- CHAPTER 2—REPORTS This title may be cited as the ‘‘Inter- gram to control the disease. To this end, SEC. 131. REPORTS TO CONGRESS. national Tuberculosis Control Act of 2000’’. Congress expects the agency primarily re- (a) ANNUAL REPORTS BY TREASURY SEC- sponsible for administering this part— SEC. 202. FINDINGS. RETARY.— ‘‘(i) to coordinate with the World Health Congress makes the following findings: (1) IN GENERAL.—Not later than 1 year after Organization, the Centers for Disease Con- (1) Since the development of antibiotics in the date of enactment of this Act, and annu- trol, the National Institutes of Health, and the 1950s, tuberculosis has been largely con- ally thereafter for the duration of the Trust other organizations toward the development trolled in the United States and the Western Fund, the Secretary of the Treasury shall and implementation of a comprehensive tu- World. submit to the appropriate committees of berculosis control program; and (2) Due to societal factors, including grow- Congress a report on the Trust Fund. ‘‘(ii) to set as a goal the detection of at ing urban decay, inadequate health care sys- (2) REPORT ELEMENTS.—The report shall in- least 70 percent of the cases of infectious tu- tems, persistent poverty, overcrowding, and clude a description of— berculosis, and the cure of at least 85 percent malnutrition, as well as medical factors, in- (A) the goals of the Trust Fund; of the cases detected, in those countries in cluding the HIV/AIDS epidemic and the (B) the programs, projects, and activities, which the agency has established develop- emergence of multi-drug resistant strains of including any vaccination approaches, sup- ment programs, by December 31, 2010. tuberculosis, tuberculosis has again become ported by the Trust Fund; ‘‘(B) There is authorized to be appropriated a leading and growing cause of adult deaths (C) private and governmental contribu- to the President, $60,000,000 for each of the in the developing world. tions to the Trust Fund; and fiscal years 2001 and 2002 to be used to carry (3) According to the World Health Organi- (D) the criteria that have been established, out this paragraph. Funds appropriated zation— acceptable to the Secretary of the Treasury under this subparagraph are authorized to (A) in 1998, about 1,860,000 people worldwide and the Administrator of the United States remain available until expended.’’. died of tuberculosis-related illnesses; Agency for International Development, that TITLE III—ADMINISTRATIVE (B) one-third of the world’s total popu- would be used to determine the programs AUTHORITIES lation is infected with tuberculosis; and and activities that should be assisted by the SEC. 301. EFFECTIVE PROGRAM OVERSIGHT. (C) tuberculosis is the world’s leading kill- Trust Fund. Section 635 of the Foreign Assistance Act er of women between 15 and 44 years old and (b) GAO REPORT ON TRUST FUND EFFEC- of 1961 (22 U.S.C. 2395) is amended by adding is a leading cause of children becoming or- TIVENESS.—Not later than 2 years after the at the end thereof the following new sub- phans. date of enactment of this Act, the Comp- section: (4) Because of the ease of transmission of troller General of the United States shall ‘‘(l) The Administrator of the agency pri- tuberculosis, its international persistence submit to the appropriate committees of the marily responsible for administering part I and growth pose a direct public health threat Congress a report evaluating the effective- may use funds made available under that to those nations that had previously largely ness of the Trust Fund, including— part to provide program and management controlled the disease. This is complicated in (1) the effectiveness of the programs, oversight for activities that are funded under the United States by the growth of the projects, and activities described in sub- that part and that are conducted in coun- homeless population, the rate of incarcer- section (a)(2)(B) in reducing the worldwide tries in which the agency does not have a ation, international travel, immigration, and spread of AIDS; and field mission or office.’’. HIV/AIDS. (2) an assessment of the merits of contin- SEC. 302. TERMINATION EXPENSES. (5) With nearly 40 percent of the tuber- ued United States financial contributions to Section 617 of the Foreign Assistance Act culosis cases in the United States attrib- the Trust Fund. of 1961 (22 U.S.C. 2367) is amended to read as utable to foreign-born persons, tuberculosis (c) APPROPRIATE COMMITTEES DEFINED.—In follows: will never be controlled in the United States subsection (a), the term ‘‘appropriate com- ‘‘SEC. 617. TERMINATION EXPENSES. until it is controlled abroad. mittees’’ means the Committee on Foreign ‘‘(a) IN GENERAL.—Funds made available (6) The means exist to control tuberculosis Relations and the Committee on Appropria- under this Act and the Arms Export Control through screening, diagnosis, treatment, pa- tions of the Senate and the Committee on Act, may remain available for obligation for tient compliance, monitoring, and ongoing International Relations, the Committee on a period not to exceed 8 months from the review of outcomes. Banking and Financial Services, and the date of any termination of assistance under (7) Efforts to control tuberculosis are com- Committee on Appropriations of the House such Acts for the necessary expenses of wind- plicated by several barriers, including— of Representatives. ing up programs related to such termination (A) the labor intensive and lengthy process and may remain available until expended. CHAPTER 3—UNITED STATES FINANCIAL involved in screening, detecting, and treat- Funds obligated under the authority of such PARTICIPATION ing the disease; Acts prior to the effective date of the termi- SEC. 141. AUTHORIZATION OF APPROPRIATIONS. (B) a lack of funding, trained personnel, nation of assistance may remain available (a) IN GENERAL.—In addition to any other and medicine in virtually every nation with for expenditure for the necessary expenses of funds authorized to be appropriated for mul- a high rate of the disease; winding up programs related to such termi- tilateral or bilateral programs related to (C) the unique circumstances in each coun- nation notwithstanding any provision of law HIV/AIDS or economic development, there is try, which requires the development and im- restricting the expenditure of funds. In order authorized to be appropriated to the Sec- plementation of country-specific programs; to ensure the effectiveness of such assist- retary of the Treasury $150,000,000 for each of and ance, such expenses for orderly termination the fiscal years 2001 and 2002 for payment to (D) the risk of having a bad tuberculosis of programs may include the obligation and the Trust Fund. program, which is worse than having no tu- expenditure of funds to complete the train- (b) ALLOCATION OF FUNDS.—Of the amounts berculosis program because it would signifi- ing or studies outside their countries of ori- authorized to be appropriated by subsection cantly increase the risk of the development gin of students whose course of study or

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00115 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.003 S26JY0 16398 CONGRESSIONAL RECORD—SENATE July 26, 2000 training program began before assistance many of those lands have also become (E) by adding at the end the following: was terminated. fractionated by subsequent inheritance; ‘‘(5) ‘heirs of the first or second degree’ ‘‘(b) LIABILITY TO CONTRACTORS.—For the (8) the acquisitions referred to in para- means parents, children, grandchildren, purpose of making an equitable settlement graph (7) continue to be made; grandparents, brothers and sisters of a dece- of termination claims under extraordinary (9) the fractional interests described in this dent.’’; contractual relief standards, the President is section often provide little or no return to (2) in section 205— authorized to adopt as a contract or other the beneficial owners of those interests and (A) in the matter preceding paragraph (1)— obligation of the United States Government, the administrative costs borne by the United (i) by striking ‘‘Any Indian’’ and inserting and assume (in whole or in part) any liabil- States for those interests are inordinately ‘‘(a) IN GENERAL.—Subject to subsection (b), ities arising thereunder, any contract with a high; any Indian’’; United States or third-country contractor (10) in Babbitt v. Youpee (117 S Ct. 727 (ii) by striking the colon and inserting the that had been funded with assistance under (1997)), the United States Supreme Court following: ‘‘. Interests owned by an Indian such Acts prior to the termination of assist- found the application of section 207 of the In- tribe in a tract may be included in the com- ance. dian Land Consolidation Act (25 U.S.C. 2206) putation of the percentage of ownership of ‘‘(c) TERMINATION EXPENSES.—Amounts to the facts presented in that case to be un- the undivided interests in that tract for pur- certified as having been obligated for assist- constitutional, forcing the Department of poses of determining whether the consent re- ance subsequently terminated by the Presi- the Interior to address the status of thou- quirement under the preceding sentence has dent, or pursuant to any provision of law, sands of undivided interests in trust and re- been met.’’; shall continue to remain available and may stricted lands; (iii) by striking ‘‘: Provided, That—’’; and be reobligated to meet any necessary ex- (11)(A) on February 19, 1999, the Secretary inserting the following: penses arising from the termination of such of Interior issued a Secretarial Order which ‘‘(b) CONDITIONS APPLICABLE TO PUR- assistance. officially reopened the probate of all estates CHASE.—Subsection (a) applies on the condi- ‘‘(d) GUARANTY PROGRAMS.—Provisions of where an interest in land was ordered to es- tion that—’’; this or any other Act requiring the termi- cheat to an Indian tribe pursuant to section (B) in paragraph (2)— nation of assistance under this or any other 207 of the Indian Land Consolidation Act (25 (i) by striking ‘‘If,’’ and inserting ‘‘if’’; and Act shall not be construed to require the ter- U.S.C. 2206); and (ii) by adding ‘‘and’’ at the end; and mination of guarantee commitments that (B) the Secretarial Order also directed ap- (C) by striking paragraph (3) and inserting were entered into prior to the effective date propriate officials of the Bureau of Indian the following: of the termination of assistance. Affairs to distribute such interests ‘‘to the ‘‘(3) the approval of the Secretary shall be ‘‘(e) RELATION TO OTHER PROVISIONS.—Un- rightful heirs and beneficiaries without re- required for a land sale initiated under this less specifically made inapplicable by an- gard to 25 U.S.C. 2206’’; section, except that such approval shall not other provision of law, the provisions of this (12) in the absence of comprehensive reme- be required with respect to a land sale trans- section shall be applicable to the termi- dial legislation, the number of the fractional action initiated by an Indian tribe that has nation of assistance pursuant to any provi- interests will continue to grow exponen- in effect a land consolidation plan that has sion of law.’’. tially; been approved by the Secretary under sec- (13) the problem of the fractionation of In- tion 204.’’; INDIAN LAND CONSOLIDATION ACT dian lands described in this section is the re- (3) by striking section 206 and inserting the AMENDMENTS OF 2000 sult of a policy of the Federal Government, following: cannot be solved by Indian tribes, and re- ‘‘SEC. 206. TRIBAL PROBATE CODES; ACQUISI- quires a solution under Federal law. TIONS OF FRACTIONAL INTERESTS CAMPBELL AMENDMENT NO. 4019 (14) any devise or inheritance of an interest BY TRIBES. in trust or restricted Indian lands is a mat- ‘‘(a) TRIBAL PROBATE CODES.— Mr. DEWINE (for Mr. CAMPBELL) pro- ter of Federal law; and ‘‘(1) IN GENERAL.—Notwithstanding any posed an amendment to the bill (S. (15) consistent with the Federal policy of other provision of law, any Indian tribe may 1586) to reduce the fractionated owner- tribal self-determination, the Federal Gov- adopt a tribal probate code to govern descent ship of Indian Lands, and for other pur- ernment should encourage the recognized and distribution of trust or restricted lands poses; as follows: tribal government that exercises jurisdiction that are— Strike all after the enacting clause and in- over a reservation to establish a tribal pro- ‘‘(A) located within that Indian tribe’s res- sert the following: bate code for that reservation. ervation; or SEC. 102. DECLARATION OF POLICY. ‘‘(B) otherwise subject to the jurisdiction SECTION 1. SHORT TITLE. It is the policy of the United States— of that Indian tribe. This Act may be cited as the ‘‘Indian Land (1) to prevent the further fractionation of ‘‘(2) POSSIBLE INCLUSIONS.—A tribal probate Consolidation Act Amendments of 2000’’. trust allotments made to Indians; code referred to in paragraph (1) may in- TITLE I—INDIAN LAND CONSOLIDATION (2) to consolidate fractional interests and clude— SEC. 101. FINDINGS. ownership of those interests into usable par- ‘‘(A) rules of intestate succession; and Congress finds that— cels; ‘‘(B) other tribal probate code provisions (1) in the 1800’s and early 1900’s, the United (3) to consolidate fractional interests in a that are consistent with Federal law and States sought to assimilate Indian people manner that enhances tribal sovereignty; that promote the policies set forth in section into the surrounding non-Indian culture by (4) to promote tribal self-sufficiency and 102 of the Indian Land Consolidation Act allotting tribal lands to individual members self-determination; and Amendments of 2000. of Indian tribes; (5) to reverse the effects of the allotment ‘‘(3) LIMITATIONS.—The Secretary shall not (2) as a result of the allotment Acts and re- policy on Indian tribes. approve a tribal probate code if such code lated Federal policies, over 90,000,000 acres of SEC. 103. AMENDMENTS TO THE INDIAN LAND prevents an Indian person from inheriting an land have passed from tribal ownership; CONSOLIDATION ACT. interest in an allotment that was originally (3) many trust allotments were taken out The Indian Land Consolidation Act (25 allotted to his or her lineal ancestor. of trust status, often without their owners U.S.C. 2201 et seq.) is amended— ‘‘(b) SECRETARIAL APPROVAL.— consent; (1) in section 202— ‘‘(1) IN GENERAL.—Any tribal probate code (4) without restrictions on alienation, al- (A) in paragraph (1), by striking ‘‘(1) enacted under subsection (a), and any lotment owners were subject to exploitation ‘tribe’ ’’ and inserting ‘‘(1) ‘Indian tribe’ or amendment to such a tribal probate code, and their allotments were often sold or dis- ‘tribe’ ’’; shall be subject to the approval of the Sec- posed of without any tangible or enduring (B) by striking paragraph (2) and inserting retary. benefit to their owners; the following: ‘‘(2) REVIEW AND APPROVAL.— (5) the trust periods for trust allotments ‘‘(2) ‘Indian’ means any person who is a ‘‘(A) IN GENERAL.—Each Indian tribe that have been extended indefinitely; member of any Indian tribe or is eligible to adopts a tribal probate code under sub- (6) because of the inheritance provisions in become a member of any Indian tribe, or any section (a) shall submit that code to the Sec- the original treaties or allotment Acts, the person who has been found to meet the defi- retary for review. Not later than 180 days ownership of many of the trust allotments nition of ‘Indian’ under a provision of Fed- after a tribal probate code is submitted to that have remained in trust status has be- eral law if the Secretary determines that the Secretary under this paragraph, the Sec- come fractionated into hundreds or thou- using such law’s definition of Indian is con- retary shall review and approve or dis- sands of undivided interests, many of which sistent with the purposes of this Act;’’; approve that tribal probate code. represent 2 percent or less of the total inter- (C) by striking ‘‘and’’ at the end of para- ‘‘(B) CONSEQUENCE OF FAILURES TO APPROVE ests; graph (3); OR DISAPPROVE A TRIBAL PROBATE CODE.—If (7) Congress has authorized the acquisition (D) by striking the period at the end of the Secretary fails to approve or disapprove of lands in trust for individual Indians, and paragraph (4) and inserting ‘‘; and’’; and a tribal probate code submitted for review

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00116 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.004 S26JY0 July 26, 2000 CONGRESSIONAL RECORD—SENATE 16399

under subparagraph (A) by the date specified ing before the Secretary, the non-Indian dev- ‘‘(5) ACQUISITION OF INTEREST BY INDIAN CO- in that subparagraph, the tribal probate code isee renounces the interest in favor of an In- OWNERS.—An Indian co-owner of a parcel of shall be deemed to have been approved by dian person. trust or restricted land may prevent the de- the Secretary, but only to the extent that ‘‘(B) RESERVATION OF LIFE ESTATE.—A non- scent of an interest in Indian land to an In- the tribal probate code is consistent with Indian devisee described in subparagraph (A) dian tribe under paragraph (4) by paying into Federal law and promotes the policies set or a non-Indian devisee described in section the decedent’s estate the fair market value forth in section 102 of the Indian Land Con- 207(a)(6)(B), may retain a life estate in the of the interest in such land. If more than 1 solidation Act Amendments of 2000. interest involved, including a life estate to Indian co-owner offers to pay for such an in- ‘‘(C) CONSISTENCY OF TRIBAL PROBATE CODE the revenue produced from the interest. The terest, the highest bidder shall obtain the in- WITH ACT.—The Secretary may not approve a amount of any payment required under para- terest. If payment is not received before the tribal probate code, or any amendment to graph (1) shall be reduced to reflect the value close of the probate of the decedent’s estate, such a code, under this paragraph unless the of any life estate reserved by a non-Indian the interest shall descend to the tribe that Secretary determines that the tribal probate devisee under this subparagraph. exercises jurisdiction over the parcel. code promotes the policies set forth in sec- ‘‘(3) PAYMENTS.—With respect to payments ‘‘(6) SPECIAL RULE.— tion 102 of the Indian Land Consolidation by an Indian tribe under paragraph (1), the ‘‘(A) IN GENERAL.—Notwithstanding para- Act Amendments of 2000. Secretary shall— graph (2), an owner of trust or restricted land ‘‘(D) EXPLANATION.—If the Secretary dis- ‘‘(A) upon the request of the tribe, allow a who does not have an Indian spouse, Indian approves a tribal probate code, or an amend- reasonable period of time, not to exceed 2 lineal descendant, an Indian heir of the first ment to such a code, under this paragraph, years, for the tribe to make payments of or second degree, or an Indian collateral heir the Secretary shall include in the notice of amounts due pursuant to paragraph (1); or of the first or second degree, may devise his disapproval to the Indian tribe a written ex- ‘‘(B) recognize alternative agreed upon ex- or her interests in such land to any of the de- planation of the reasons for the disapproval. changes of consideration or extended pay- cedent’s heirs of the first or second degree or ‘‘(E) AMENDMENTS.— ment terms between the non-Indian devisee collateral heirs of the first or second degree. ‘‘(i) IN GENERAL.—Each Indian tribe that described in paragraph (1) and the tribe in ‘‘(B) ACQUISITION OF INTEREST BY TRIBE.— amends a tribal probate code under this satisfaction of the payment under paragraph An Indian tribe that exercises jurisdiction paragraph shall submit the amendment to (1). over an interest in trust or restricted land the Secretary for review and approval. Not ‘‘(d) USE OF PROPOSED FINDINGS BY TRIBAL described in subparagraph (A) may acquire later than 60 days after receiving an amend- JUSTICE SYSTEMS.— any interest devised to a non-Indian as pro- ‘‘(1) TRIBAL JUSTICE SYSTEM DEFINED.—In ment under this subparagraph, the Secretary vided for in section 206(c). this subsection, the term ‘tribal justice sys- ‘‘(b) INTESTATE SUCCESSION.— shall review and approve or disapprove the tem’ has the meaning given that term in sec- ‘‘(1) IN GENERAL.—An interest in trust or amendment. tion 3 of the Indian Tribal Justice Act (25 restricted land shall pass by intestate suc- ‘‘(ii) CONSEQUENCE OF FAILURE TO APPROVE U.S.C. 3602). cession only to a decedent’s spouse or heirs OR DISAPPROVE AN AMENDMENT.—If the Sec- ‘‘(2) REGULATIONS.—The Secretary by regu- of the first or second degree, pursuant to the retary fails to approve or disapprove an lation may provide for the use of findings of applicable law of intestate succession. amendment submitted under clause (i), the fact and conclusions of law, as rendered by a ‘‘(2) LIFE ESTATE.—Notwithstanding para- amendment shall be deemed to have been ap- tribal justice system, as proposed findings of graph (1), with respect to land described in proved by the Secretary, but only to the ex- fact and conclusions of law in the adjudica- such paragraph, a non-Indian spouse or non- tent that the amendment is consistent with tion of probate proceedings by the Depart- Indian heirs of the first or second degree Federal law and promotes the policies set ment of the Interior.’’; shall only receive a life estate in such land. forth in section 102 of the Indian Land Con- (4) by striking section 207 and inserting the ‘‘(3) DESCENT OF INTERESTS.—If a decedent solidation Act of 2000. following: described in paragraph (1) has no Indian ‘‘(3) EFFECTIVE DATES.—A tribal probate ‘‘SEC. 207. DESCENT AND DISTRIBUTION. heirs of the first or second degree, the re- code approved under paragraph (2) shall be- ‘‘(a) TESTAMENTARY DISPOSITION.— mainder interest from the life estate referred come effective on the later of— ‘‘(1) IN GENERAL.—Interests in trust or re- to in paragraph (2) shall descend to any of ‘‘(A) the date specified in section 207(g)(5); stricted land may be devised only to— the decedent’s collateral Indian heirs of the or ‘‘(A) the decedent’s Indian spouse or any first or second degree, pursuant to the appli- ‘‘(B) 180 days after the date of approval. other Indian person; or cable laws of intestate succession, if on the ‘‘(4) LIMITATIONS.— ‘‘(B) the Indian tribe with jurisdiction over date of the decedent’s death, such heirs were ‘‘(A) TRIBAL PROBATE CODES.—Each tribal the land so devised. a co-owner of an interest in the parcel of probate code enacted under subsection (a) ‘‘(2) LIFE ESTATE.—Any devise of an inter- trust or restricted land involved. shall apply only to the estate of a decedent est in trust or restricted land to a non-In- ‘‘(4) DESCENT TO TRIBE.—If the remainder who dies on or after the effective date of the dian shall create a life estate with respect to interest described in paragraph (3) does not tribal probate code. such interest. descend to an Indian heir or heirs it shall de- ‘‘(B) AMENDMENTS TO TRIBAL PROBATE ‘‘(3) REMAINDER.— scend to the Indian tribe that exercises juris- CODES.—With respect to an amendment to a ‘‘(A) IN GENERAL.—Except where the re- diction over the parcel of trust or restricted tribal probate code referred to in subpara- mainder from the life estate referred to in lands involved, subject to paragraph (5). graph (A), that amendment shall apply only paragraph (2) is devised to an Indian, such ‘‘(5) ACQUISITION OF INTEREST BY INDIAN CO- to the estate of a decedent who dies on or remainder shall descend to the decedent’s In- OWNERS.—An Indian co-owner of a parcel of after the effective date of the amendment. dian spouse or Indian heirs of the first or trust or restricted land may prevent the de- ‘‘(5) REPEALS.—The repeal of a tribal pro- second degree pursuant to the applicable law scent of an interest in such land for which bate code shall— of intestate succession. there is no heir of the first or second degree ‘‘(A) not become effective earlier than the ‘‘(B) DESCENT OF INTERESTS.—If a decedent by paying into the decedent’s estate the fair date that is 180 days after the Secretary re- described in subparagraph (A) has no Indian market value of the interest in such land. If ceives notice of the repeal; and heirs of the first or second degree, the re- more than 1 Indian co-owner makes an offer ‘‘(B) apply only to the estate of a decedent mainder interest described in such subpara- to pay for such an interest, the highest bid- who dies on or after the effective date of the graph shall descend to any of the decedent’s der shall obtain the interest. If no such offer repeal. collateral heirs of the first or second degree, is made, the interest shall descend to the In- ‘‘(c) AUTHORITY AVAILABLE TO INDIAN pursuant to the applicable laws of intestate dian tribe that exercises jurisdiction over TRIBES.— succession, if on the date of the decedent’s the parcel of land involved. ‘‘(1) IN GENERAL.—If the owner of an inter- death, such heirs were a co-owner of an in- ‘‘(c) JOINT TENANCY; RIGHT OF SURVIVOR- est in trust or restricted land devises an in- terest in the parcel of trust or restricted SHIP.— terest in such land to a non-Indian under land involved. ‘‘(1) TESTATE.—If a testator devises inter- section 207(a)(6)(A), the Indian tribe that ex- ‘‘(C) DEFINITION.—For purposes of this sec- ests in the same parcel of trust or restricted ercises jurisdiction over the parcel of land tion, the term ‘collateral heirs of the first or lands to more than 1 person, in the absence involved may acquire such interest by pay- second degree’ means the brothers, sisters, of express language in the devise to the con- ing to the Secretary the fair market value of aunts, uncles, nieces, nephews, and first trary, the devise shall be presumed to create such interest, as determined by the Sec- cousins, of a decedent. joint tenancy with the right of survivorship retary on the date of the decedent’s death. ‘‘(4) DESCENT TO TRIBE.—If the remainder in the land involved. The Secretary shall transfer such payment interest described in paragraph (3)(A) does ‘‘(2) INTESTATE.— to the devisee. not descend to an Indian heir or heirs it shall ‘‘(A) IN GENERAL.—Any interest in trust or ‘‘(2) LIMITATION.— descend to the Indian tribe that exercises ju- restricted land that— ‘‘(A) IN GENERAL.—Paragraph (1) shall not risdiction over the parcel of trust or re- ‘‘(i) passes by intestate succession to more apply to an interest in trust or restricted stricted lands involved, subject to paragraph than 1 person, including a remainder interest land if, while the decedent’s estate is pend- (5). under subsection (a) or (b) of section 207; and

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00117 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.004 S26JY0 16400 CONGRESSIONAL RECORD—SENATE July 26, 2000

‘‘(ii) that constitutes 5 percent or more of ‘‘(3) CONTRACTS.—In carrying out this sec- ‘‘(b) REQUIREMENTS.—In implementing sub- the undivided interest in a parcel of trust or tion, the Secretary may enter into contracts section (a), the Secretary— restricted land; with entities that have expertise in Indian ‘‘(1) shall promote the policies provided for shall be held as tenancy in common. estate planning and tribal probate codes. in section 102 of the Indian Land Consolida- ‘‘(B) LIMITED INTEREST.—Any interest in ‘‘(g) NOTIFICATION TO INDIAN TRIBES AND tion Act Amendments of 2000; trust or restricted land that— OWNERS OF TRUST OR RESTRICTED LANDS.— ‘‘(2) may give priority to the acquisition of ‘‘(i) passes by intestate succession to more ‘‘(1) IN GENERAL.—Not later than 180 days fractional interests representing 2 percent or than 1 person, including a remainder interest after the date of enactment of the Indian less of a parcel of trust or restricted land, es- under subsection (a) or (b) of section 207; and Land Consolidation Act Amendments of 2000, pecially those interests that would have ‘‘(ii) that constitutes less than 5 percent of the Secretary shall notify Indian tribes and escheated to a tribe but for the Supreme the undivided interest in a parcel of trust or owners of trust or restricted lands of the Court’s decision in Babbitt v. Youpee, (117 S restricted land; amendments made by the Indian Land Con- Ct. 727 (1997)); shall be held by such heirs with the right of solidation Act Amendments of 2000. ‘‘(3) to the extent practicable— survivorship. ‘‘(2) SPECIFICATIONS.—The notice required ‘‘(A) shall consult with the tribal govern- ‘‘(3) EFFECTIVE DATE.— under paragraph (1) shall be designed to in- ment that exercises jurisdiction over the ‘‘(A) IN GENERAL.—This subsection (other form Indian owners of trust or restricted land involved in determining which tracts to than subparagraph (B)) shall become effec- land of— acquire on a reservation; tive on the later of— ‘‘(A) the effect of this Act, with emphasis ‘‘(B) shall coordinate the acquisition ac- ‘‘(i) the date referred to in subsection on the effect of the provisions of this section, tivities with the acquisition program of the (g)(5); or on the testate disposition and intestate de- tribal government that exercises jurisdiction ‘‘(ii) the date that is six months after the scent of their interests in trust or restricted over the land involved, including a tribal date on which the Secretary makes the cer- land; and land consolidation plan approved pursuant to tification required under subparagraph (B). ‘‘(B) estate planning options available to section 204; and ‘‘(B) CERTIFICATION.—Upon a determina- the owners, including any opportunities for ‘‘(C) may enter into agreements (such tion by the Secretary that the Department receiving estate planning assistance or ad- agreements will not be subject to the provi- of the Interior has the capacity, including vice. sions of the Indian Self-Determination and policies and procedures, to track and manage ‘‘(3) REQUIREMENTS.—The Secretary shall Education Assistance Act of 1974) with the interests in trust or restricted land held with provide the notice required under paragraph tribal government that exercises jurisdiction the right of survivorship, the Secretary shall (1)— over the land involved or a subordinate enti- certify such determination and publish such ‘‘(A) by direct mail for those Indians with ty of the tribal government to carry out certification in the Federal Register. interests in trust and restricted lands for some or all of the Secretary’s land acquisi- ‘‘(d) DESCENT OF OFF-RESERVATION which the Secretary has an address for the tion program; and LANDS.— interest holder; ‘‘(4) shall minimize the administrative ‘‘(1) INDIAN RESERVATION DEFINED.—For ‘‘(B) through the Federal Register; costs associated with the land acquisition purposes of this subsection, the term ‘Indian ‘‘(C) through local newspapers in areas program. reservation’ includes lands located within— with significant Indian populations, reserva- ‘‘(c) SALE OF INTEREST TO INDIAN LAND- ‘‘(A)(i) Oklahoma; and tion newspapers, and newspapers that are di- OWNERS.— ‘‘(ii) the boundaries of an Indian tribe’s rected at an Indian audience; and ‘‘(1) CONVEYANCE AT REQUEST.— former reservation (as defined and deter- ‘‘(D) through any other means determined ‘‘(A) IN GENERAL.—At the request of any mined by the Secretary); appropriate by the Secretary. Indian who owns at least 5 percent of the un- ‘‘(B) the boundaries of any Indian tribe’s ‘‘(4) CERTIFICATION.—After providing notice divided interest in a parcel of trust or re- current or former reservation; or under this subsection, the Secretary shall stricted land, the Secretary shall convey an ‘‘(C) any area where the Secretary is re- certify that the requirements of this sub- interest acquired under this section to the quired to provide special assistance or con- section have been met and shall publish no- Indian landowner upon payment by the In- sideration of a tribe’s acquisition of land or tice of such certification in the Federal Reg- dian landowner of the amount paid for the interests in land. ister. interest by the Secretary. ‘‘(2) DESCENT.—Except in the State of Cali- ‘‘(5) EFFECTIVE DATE.—The provisions of ‘‘(B) LIMITATION.—With respect to a con- fornia, upon the death of an individual hold- this section shall not apply to the estate of veyance under this subsection, the Secretary ing an interest in trust or restricted lands an individual who dies prior to the day that shall not approve an application to termi- that are located outside the boundaries of an is 365 days after the Secretary makes the nate the trust status or remove the restric- Indian reservation and that are not subject certification required under paragraph (4).’’; tions of such an interest. to the jurisdiction of any Indian tribe, that (5) in section 208, by striking ‘‘section 206’’ ‘‘(2) MULTIPLE OWNERS.—If more than one interest shall descend either— and inserting ‘‘subsections (a) and (b) of sec- Indian owner requests an interest under (1), ‘‘(A) by testate or intestate succession in tion 206’’; and the Secretary shall convey the interest to trust to an Indian; or (6) by adding at the end the following: the Indian owner who owns the largest per- ‘‘(B) in fee status to any other devises or ‘‘SEC. 213. PILOT PROGRAM FOR THE ACQUISI- centage of the undivided interest in the par- heirs. TION OF FRACTIONAL INTERESTS. cel of trust or restricted land involved. ‘‘(e) APPROVAL OF AGREEMENTS.—The offi- ‘‘(a) ACQUISITION BY SECRETARY.— ‘‘(3) LIMITATION.—If an Indian tribe that cial authorized to adjudicate the probate of ‘‘(1) IN GENERAL.—The Secretary may ac- has jurisdiction over a parcel of trust or re- trust or restricted lands shall have the au- quire, at the discretion of the Secretary and stricted land owns 10 percent or more of the thority to approve agreements between a de- with the consent of the owner, and at fair undivided interests in a parcel of such land, cedent’s heirs and devisees to consolidate in- market value, any fractional interest in such interest may only be acquired under terests in trust or restricted lands. The trust or restricted lands. paragraph (1) with the consent of such Indian agreements referred to in the preceding sen- ‘‘(2) AUTHORITY OF SECRETARY.— tribe. tence may include trust or restricted lands ‘‘(A) IN GENERAL.—The Secretary shall ‘‘SEC. 214. ADMINISTRATION OF ACQUIRED FRAC- that are not a part of the decedent’s estate have the authority to acquire interests in TIONAL INTERESTS, DISPOSITION OF that is the subject of the probate. The Sec- trust or restricted lands under this section PROCEEDS. retary may promulgate regulations for the during the 3-year period beginning on the ‘‘(a) IN GENERAL.—Subject to the condi- implementation of this subsection. date of certification that is referred to in tions described in subsection (b)(1), an Indian ‘‘(f) ESTATE PLANNING ASSISTANCE.— section 207(g)(5). tribe receiving a fractional interest under ‘‘(1) IN GENERAL.—The Secretary shall pro- ‘‘(B) REQUIRED REPORT.—Prior to expira- section 213 may, as a tenant in common with vide estate planning assistance in accord- tion of the authority provided for in subpara- the other owners of the trust or restricted ance with this subsection, to the extent graph (A), the Secretary shall submit the re- lands, lease the interest, sell the resources, amounts are appropriated for such purpose. port required under section 218 concerning consent to the granting of rights-of-way, or ‘‘(2) REQUIREMENTS.—The estate planning whether the program to acquire fractional engage in any other transaction affecting assistance provided under paragraph (1) shall interests should be extended or altered to the trust or restricted land authorized by be designed to— make resources available to Indian tribes law. ‘‘(A) inform, advise, and assist Indian land- and individual Indian landowners. ‘‘(b) CONDITIONS.— owners with respect to estate planning in ‘‘(3) INTERESTS HELD IN TRUST.—Subject to ‘‘(1) IN GENERAL.—The conditions described order to facilitate the transfer of trust or re- section 214, the Secretary shall immediately in this paragraph are as follows: stricted lands to a devisee or devisees se- hold interests acquired under this Act in ‘‘(A) Until the purchase price paid by the lected by the landowners; and trust for the recognized tribal government Secretary for an interest referred to in sub- ‘‘(B) assist Indian landowners in accessing that exercises jurisdiction over the land in- section (a) has been recovered, or until the information pursuant to section 217(e). volved. Secretary makes any of the findings under

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00118 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.004 S26JY0 July 26, 2000 CONGRESSIONAL RECORD—SENATE 16401 paragraph (2)(A), any lease, resource sale termined by the Secretary. Such system may pursuant to this subsection, the Secretary contract, right-of-way, or other document govern the amounts offered for the purchase shall not approve an application to termi- evidencing a transaction affecting the inter- of interests in trust or restricted lands under nate the trust status or remove the restric- est shall contain a clause providing that all section 213. tions of such an interest. revenue derived from the interest shall be ‘‘SEC. 216. ACQUISITION FUND. ‘‘(c) ACQUISITION OF INTEREST BY SEC- paid to the Secretary. ‘‘(a) IN GENERAL.—The Secretary shall es- RETARY.—An Indian, or the recognized tribal ‘‘(B) Subject to subparagraph (C), the Sec- tablish an Acquisition Fund to— government of a reservation, in possession of retary shall deposit any revenue derived ‘‘(1) disburse appropriations authorized to an interest in trust or restricted lands, at under subparagraph (A) into the Acquisition accomplish the purposes of section 213; and least a portion of which is in trust or re- Fund created under section 216. ‘‘(2) collect all revenues received from the stricted status on the date of enactment of ‘‘(C) The Secretary shall deposit any rev- lease, permit, or sale of resources from inter- the Indian Land Consolidation Act Amend- enue that is paid under subparagraph (A) ests in trust or restricted lands transferred ments of 2000 and located within a reserva- that is in excess of the purchase price of the to Indian tribes by the Secretary under sec- tion, may request that the interest be taken fractional interest involved to the credit of tion 213 or paid by Indian landowners under into trust by the Secretary. Upon such a re- the Indian tribe that receives the fractional section 213(c). quest, the Secretary shall forthwith take interest under section 213 and the tribe shall ‘‘(b) DEPOSITS; USE.— such interest into trust. have access to such funds in the same man- ‘‘(1) IN GENERAL.—Subject to paragraph (2), ‘‘(d) STATUS OF LANDS.—The sale, ex- ner as other funds paid to the Secretary for all proceeds from leases, permits, or resource change, or conveyance by gift deed for no or the use of lands held in trust for the tribe. sales derived from an interest in trust or re- nominal consideration of an interest in trust ‘‘(D) Notwithstanding any other provision stricted lands described in subsection (a)(2) or restricted land under this section shall of law, including section 16 of the Act of shall— not affect the status of that land as trust or June 18, 1934 (commonly referred to as the ‘‘(A) be deposited in the Acquisition Fund; restricted land. ‘Indian Reorganization Act’) (48 Stat. 987, and ‘‘(e) LAND OWNERSHIP INFORMATION.—Not- chapter 576; 25 U.S.C. 476), with respect to ‘‘(B) as specified in advance in appropria- withstanding any other provision of law, the any interest acquired by the Secretary under tions Acts, be available for the purpose of ac- names and mailing addresses of the Indian section 213, the Secretary may approve a quiring additional fractional interests in owners of trust or restricted lands, and infor- transaction covered under this section on be- trust or restricted lands. mation on the location of the parcel and the half of a tribe until— ‘‘(2) MAXIMUM DEPOSITS OF PROCEEDS.— percentage of undivided interest owned by ‘‘(i) the Secretary makes any of the find- With respect to the deposit of proceeds de- each individual, or of any interest in trust or ings under paragraph (2)(A); or rived from an interest under paragraph (1), restricted lands, shall, upon written request, the aggregate amount deposited under that ‘‘(ii) an amount equal to the purchase price be made available to— paragraph shall not exceed the purchase of that interest has been paid into the Acqui- ‘‘(1) other Indian owners of interests in price of that interest under section 213. sition Fund created under section 216. trust or restricted lands within the same res- ‘‘SEC. 217. TRUST AND RESTRICTED LAND TRANS- ‘‘(2) EXCEPTION.—Paragraph (1)(A) shall not ervation; ACTIONS. apply to any revenue derived from an inter- ‘‘(2) the tribe that exercises jurisdiction ‘‘(a) POLICY.—It is the policy of the United over the land where the parcel is located or est in a parcel of land acquired by the Sec- States to encourage and assist the consolida- any person who is eligible for membership in retary under section 213 after— tion of land ownership through trans- that tribe; and ‘‘(A) the Secretary makes a finding that— actions— ‘‘(3) prospective applicants for the leasing, ‘‘(i) the costs of administering the interest ‘‘(1) involving individual Indians; use, or consolidation of such trust or re- will equal or exceed the projected revenues ‘‘(2) between Indians and the tribal govern- for the parcel involved; ment that exercises jurisdiction over the stricted land or the interest in trust or re- ‘‘(ii) in the discretion of the Secretary, it land; or stricted lands. OTICE TO INDIAN TRIBE.—After the ex- will take an unreasonable period of time for ‘‘(3) between individuals who own an inter- ‘‘(f) N the parcel to generate revenue that equals est in trust and restricted land who wish to piration of the limitation period provided for the purchase price paid for the interest; or convey that interest to an Indian or the trib- in subsection (b)(2) and prior to considering ‘‘(iii) a subsequent decrease in the value of al government that exercises jurisdiction an Indian application to terminate the trust land or commodities associated with the over the parcel of land involved; status or to remove the restrictions on alien- ation from trust or restricted land sold, ex- land make it likely that the interest will be in a manner consistent with the policy of changed or otherwise conveyed under this unable to generate revenue that equals the maintaining the trust status of allotted section, the Indian tribe that exercises juris- purchase price paid for the interest in a rea- lands. Nothing in this section shall be con- diction over the parcel of such land shall be sonable time; or strued to apply to or to authorize the sale of notified of the application and given the op- ‘‘(B) an amount equal to the purchase price trust or restricted lands to a person who is of that interest in land has been paid into not an Indian. portunity to match the purchase price that the Acquisition Fund created under section ‘‘(b) SALES, EXCHANGES AND GIFT DEEDS has been offered for the trust or restricted 216. BETWEEN INDIANS AND BETWEEN INDIANS AND land involved. ‘‘(c) TRIBE NOT TREATED AS PARTY TO INDIAN TRIBES.— ‘‘SEC. 218. REPORTS TO CONGRESS. LEASE; NO EFFECT ON TRIBAL SOVEREIGNTY, ‘‘(1) IN GENERAL.— ‘‘(a) IN GENERAL.—Prior to expiration of IMMUNITY.— ‘‘(A) ESTIMATE OF VALUE.—Notwith- the authority provided for in section ‘‘(1) IN GENERAL.—Paragraph (2) shall apply standing any other provision of law and only 213(a)(2)(A), the Secretary, after consultation with respect to any undivided interest in al- after the Indian selling, exchanging, or con- with Indian tribes and other interested par- lotted land held by the Secretary in trust for veying by gift deed for no or nominal consid- ties, shall submit to the Committee on In- a tribe if a lease or agreement under sub- eration an interest in land, has been pro- dian Affairs and the Committee on Energy section (a) is otherwise applicable to such vided with an estimate of the value of the in- and Natural Resources of the Senate and the undivided interest by reason of this section terest of the Indian pursuant to this sec- Committee on Resources of the House of even though the Indian tribe did not consent tion— Representatives a report that indicates, for to the lease or agreement. ‘‘(i) the sale or exchange or conveyance of the period covered by the report— ‘‘(2) APPLICATION OF LEASE.—The lease or an interest in trust or restricted land may be ‘‘(1) the number of fractional interests in agreement described in paragraph (1) shall made for an amount that is less than the fair trust or restricted lands acquired; and apply to the portion of the undivided inter- market value of that interest; and ‘‘(2) the impact of the resulting reduction est in allotted land described in such para- ‘‘(ii) the approval of a transaction that is in the number of such fractional interests on graph (including entitlement of the Indian in compliance with this section shall not the financial and realty recordkeeping sys- tribe to payment under the lease or agree- constitute a breach of trust by the Sec- tems of the Bureau of Indian Affairs. ment), and the Indian tribe shall not be retary. ‘‘(b) REPORT.—The reports described in treated as being a party to the lease or ‘‘(B) WAIVER OF REQUIREMENT.—The re- subsection (a) and section 213(a) shall con- agreement. Nothing in this section (or in the quirement for an estimate of value under tain findings as to whether the program lease or agreement) shall be construed to af- subparagraph (A) may be waived in writing under this Act to acquire fractional interests fect the sovereignty of the Indian tribe. by an Indian selling, exchanging, or con- in trust or restricted lands should be ex- ‘‘SEC. 215. ESTABLISHING FAIR MARKET VALUE. veying by gift deed for no or nominal consid- tended and whether such program should be ‘‘For purposes of this Act, the Secretary eration an interest in land with an Indian altered to make resources available to In- may develop a system for establishing the person who is the owner’s spouse, brother, dian tribes and individual Indian landowners. fair market value of various types of lands sister, lineal ancestor of Indian blood, lineal ‘‘SEC. 219. APPROVAL OF LEASES, RIGHTS-OF- and improvements. Such a system may in- descendant, or collateral heir. WAY, AND SALES OF NATURAL RE- clude determinations of fair market value ‘‘(2) LIMITATION.—For a period of 5 years SOURCES. based on appropriate geographic units as de- after the Secretary approves a conveyance ‘‘(a) APPROVAL BY THE SECRETARY.—

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00119 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.004 S26JY0 16402 CONGRESSIONAL RECORD—SENATE July 26, 2000

‘‘(1) IN GENERAL.—Notwithstanding any ‘‘(i) the owners of the undivided interest in tion of such section 207 to the devise or de- other provision of law, the Secretary may the allotted land covered under the lease or scent of his or her interest or interests in approve any lease or agreement that affects agreement referred to in such subparagraph; trust or restricted lands, and may seek judi- individually owned allotted land or any and cial review of the final decision of the Sec- other land held in trust or restricted status ‘‘(ii) all other parties to the lease or agree- retary of Interior with respect to such chal- by the Secretary on behalf of an Indian, if— ment. lenge. ‘‘(A) the owners of not less than the appli- ‘‘(2) TRIBE NOT TREATED AS PARTY TO LEASE; SEC. 105. AUTHORIZATION OF APPROPRIATIONS. cable percentage (determined under sub- NO EFFECT ON TRIBAL SOVEREIGNTY, IMMU- There are authorized to be appropriated section (b)) of the undivided interest in the NITY.— not to exceed $8,000,000 for fiscal year 2001 allotted land that is covered by the lease or ‘‘(A) IN GENERAL.—Subparagraph (B) shall and each subsequent fiscal year to carry out agreement consent in writing to the lease or apply with respect to any undivided interest the provisions of this title (and the amend- agreement; and in allotted land held by the Secretary in ments made by this title) that are not other- ‘‘(B) the Secretary determines that approv- trust for a tribe if a lease or agreement wise funded under the authority provided for ing the lease or agreement is in the best in- under subsection (a) is otherwise applicable in any other provision of Federal law. terest of the owners of the undivided interest to such undivided interest by reason of this SEC. 106. CONFORMING AMENDMENTS. in the allotted land. section even though the Indian tribe did not (a) PATENTS HELD IN TRUST.—The Act of ‘‘(2) RULE OF CONSTRUCTION.—Nothing in consent to the lease or agreement. February 8, 1887 (24 Stat. 388) is amended— this section shall be construed to apply to ‘‘(B) APPLICATION OF LEASE.—The lease or (1) by repealing sections 1, 2, and 3 (25 leases involving coal or uranium. agreement described in subparagraph (A) U.S.C. 331, 332, and 333); and ‘‘(3) DEFINITION.—In this section, the term shall apply to the portion of the undivided (2) in the second proviso of section 5 (25 ‘allotted land’ includes any land held in interest in allotted land described in such U.S.C. 348)— trust or restricted status by the Secretary paragraph (including entitlement of the In- (A) by striking ‘‘and partition’’; and on behalf of one or more Indians. dian tribe to payment under the lease or (B) by striking ‘‘except’’ and inserting ‘‘ex- ‘‘(b) APPLICABLE PERCENTAGE.— agreement), and the Indian tribe shall not be cept as provided by the Indian Land Consoli- ‘‘(1) PERCENTAGE INTEREST.—The applicable treated as being a party to the lease or dation Act or a tribal probate code approved percentage referred to in subsection (a)(1) agreement. Nothing in this section (or in the under such Act and except’’. shall be determined as follows: lease or agreement) shall be construed to af- (b) ASCERTAINMENT OF HEIRS AND DISPOSAL ‘‘(A) If there are 5 or fewer owners of the fect the sovereignty of the Indian tribe. OF ALLOTMENTS.—The Act of June 25, 1910 (36 undivided interest in the allotted land, the ‘‘(e) DISTRIBUTION OF PROCEEDS.— Stat. 855) is amended— applicable percentage shall be 100 percent. ‘‘(1) IN GENERAL.—The proceeds derived (1) in the first sentence of section 1 (25 ‘‘(B) If there are more than 5 such owners, from a lease or agreement that is approved U.S.C. 372), by striking ‘‘under’’ and insert- but fewer than 11 such owners, the applicable by the Secretary under subsection (a) shall ing ‘‘under the Indian Land Consolidation percentage shall be 80 percent. be distributed to all owners of undivided in- Act or a tribal probate code approved under ‘‘(C) If there are more than 10 such owners, terest in the allotted land covered under the such Act and pursuant to’’; and but fewer than 20 such owners, the applicable lease or agreement. (2) in the first sentence of section 2 (25 percentage shall be 60 percent. ‘‘(2) DETERMINATION OF AMOUNTS DISTRIB- U.S.C. 373), by striking ‘‘with regulations’’ ‘‘(D) If there are 20 or more such owners, UTED.—The amount of the proceeds under and inserting ‘‘with the Indian Land Consoli- the applicable percentage shall be a majority paragraph (1) that are distributed to each of the interests in the allotted land. dation Act or a tribal probate code approved owner under that paragraph shall be deter- under such Act and regulations’’. ‘‘(2) DETERMINATION OF OWNERS.— mined in accordance with the portion of the (c) TRANSFER OF LANDS.—Section 4 of the ‘‘(A) IN GENERAL.—For purposes of this sub- undivided interest in the allotted land cov- Act of June 18, 1934 (25 U.S.C. 464) is amended section, in determining the number of own- ered under the lease or agreement that is by striking ‘‘member or:’’ and inserting ers of, and their interests in, the undivided ‘‘member or, except as provided by the In- interest in the allotted land with respect to owned by that owner. ‘‘(f) RULE OF CONSTRUCTION.—Nothing in dian Land Consolidation Act,’’. a lease or agreement, the Secretary shall this section shall be construed to amend or make such determination based on the TITLE II—LEASES OF NAVAJO INDIAN modify the provisions of Public Law 105-188 records of the Department of the Interior ALLOTTED LANDS (25 U.S.C. 396 note), the American Indian Ag- that identify the owners of such lands and SEC. 201. LEASES OF NAVAJO INDIAN ALLOTTED ricultural Resources Management Act (25 their interests and the number of owners of LANDS. such land on the date on which the lease or U.S.C. 3701 et seq.), title II of the Indian (a) DEFINITIONS.—In this section: agreement involved is submitted to the Sec- Land Consolidation Act Amendments of 2000, (1) INDIAN TRIBE.—The term ‘‘Indian tribe’’ retary under this section. or any other Act that provides specific has the meaning given the term in section standards for the percentage of ownership in- ‘‘(B) RULE OF CONSTRUCTION.—Nothing in 4(e) of the Indian Self-Determination and subparagraph (A) shall be construed to au- terest that must approve a lease or agree- Education Assistance Act (25 U.S.C. 450b(e)). thorize the Secretary to treat an Indian ment on a specified reservation. (2) INDIVIDUALLY OWNED NAVAJO INDIAN AL- tribe as the owner of an interest in allotted ‘‘SEC. 220. APPLICATION TO ALASKA. LOTTED LAND.—The term ‘‘individually land that did not escheat to the tribe pursu- ‘‘(a) FINDINGS.—Congress find that— owned Navajo Indian allotted land’’ means ant to section 207 as a result of the Supreme ‘‘(1) numerous academic and governmental Navajo Indian allotted land that is owned in Court’s decision in Babbitt v. Youpee, (117 S organizations have studied the nature and whole or in part by 1 or more individuals. Ct. 727 (1997)). extent of fractionated ownership of Indian (3) NAVAJO INDIAN.—The term ‘‘Navajo In- ‘‘(c) AUTHORITY OF SECRETARY TO SIGN land outside of Alaska and have proposed so- dian’’ means a member of the Navajo Nation. LEASE OR AGREEMENT ON BEHALF OF CERTAIN lutions to this problem; and (4) NAVAJO INDIAN ALLOTTED LAND.—The OWNERS.—The Secretary may give written ‘‘(2) despite these studies, there has not term ‘‘Navajo Indian allotted land’’ means a consent to a lease or agreement under sub- been a comparable effort to analyze the prob- single parcel of land that— section (a)— lem, if any, of fractionated ownership in (A) is located within the jurisdiction of the ‘‘(1) on behalf of the individual Indian Alaska. Navajo Nation; and owner if the owner is deceased and the heirs ‘‘(b) APPLICATION OF ACT TO ALASKA.—Ex- (B)(i) is held in trust or restricted status to, or devisees of, the interest of the de- cept as provided in this section, this Act by the United States for the benefit of Nav- ceased owner have not been determined; or shall not apply to land located within Alas- ajo Indians or members of another Indian ‘‘(2) on behalf of any heir or devisee re- ka. tribe; and ferred to in paragraph (1) if the heir or devi- ‘‘(c) RULE OF CONSTRUCTION.—Nothing in (ii) was— see has been determined but cannot be lo- this section shall be construed to constitute (I) allotted to a Navajo Indian; or cated a ratification of any determination by any (II) taken into trust or restricted status by ‘‘(d) EFFECT OF APPROVAL.— agency, instrumentality, or court of the the United States for a Navajo Indian. ‘‘(1) APPLICATION TO ALL PARTIES.— United States that may support the asser- (5) OWNER.—The term ‘‘owner’’ means, in ‘‘(A) IN GENERAL.—Subject to paragraph tion of tribal jurisdiction over allotment the case of any interest in land described in (2), a lease or agreement approved by the lands or interests in such land in Alaska.’’. paragraph (4)(B)(i), the beneficial owner of Secretary under subsection (a) shall be bind- SEC. 104. JUDICIAL REVIEW. the interest. ing on the parties described in subparagraph Notwithstanding section 207(g)(5) of the In- (6) SECRETARY.—The term ‘‘Secretary’’ (B), to the same extent as if all of the owners dian Land Consolidation Act (25 U.S.C. means the Secretary of the Interior. of the undivided interest in allotted land 2206(f)(5)), after the Secretary of Interior pro- (b) APPROVAL BY THE SECRETARY.— covered under the lease or agreement con- vides the certification required under section (1) IN GENERAL.—The Secretary may ap- sented to the lease or agreement. 207(g)(4) of such Act, the owner of an interest prove an oil or gas lease or agreement that ‘‘(B) DESCRIPTION OF PARTIES.—The parties in trust or restricted land may bring an ad- affects individually owned Navajo Indian al- referred to in subparagraph (A) are— ministrative action to challenge the applica- lotted land, if—

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00120 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.004 S26JY0 July 26, 2000 CONGRESSIONAL RECORD—SENATE 16403 (A) the owners of not less than the applica- in accordance with the portion of the undi- The PRESIDING OFFICER. Without ble percentage (determined under paragraph vided interest in the Navajo Indian allotted objection, it is so ordered. (2)) of the undivided interest in the Navajo land covered under the lease or agreement COMMITTEE ON COMMERCE, SCIENCE, AND Indian allotted land that is covered by the that is owned by that owner. TRANSPORTATION oil or gas lease or agreement consent in writ- Mr. BENNETT. Mr. President, I ask ing to the lease or agreement; and FUGITIVE APPREHENSION ACT OF unanimous consent that the Com- (B) the Secretary determines that approv- 2000 ing the lease or agreement is in the best in- mittee on Commerce, Science, and terest of the owners of the undivided interest Transportation be authorized to meet in the Navajo Indian allotted land. THURMOND (AND OTHERS) on Wednesday, July 26, 2000, at 9:30 (2) PERCENTAGE INTEREST.—The applicable AMENDMENT NO. 4020) a.m., on broadband issues. percentage referred to in paragraph (1)(A) The PRESIDING OFFICER. Without Mr. DEWINE (for Mr. THURMOND (for shall be determined as follows: objection, it is so ordered. (A) If there are 10 or fewer owners of the himself, Mr. BIDEN, and Mr. LEAHY)) undivided interest in the Navajo Indian al- proposed an amendment to the bill (S. COMMITTEE ON ENERGY AND NATURAL RESOURCES lotted land, the applicable percentage shall 2516) to fund task forces to locate and Mr. BENNETT. Mr. President, I ask be 100 percent. apprehend fugitives in Federal, State, unanimous consent that the Com- (B) If there are more than 10 such owners, and local felony criminal cases and but fewer than 51 such owners, the applicable give administrative subpoena author- mittee on Energy and Natural Re- percentage shall be 80 percent. sources be authorized to meet during (C) If there are 51 or more such owners, the ity to the United States Marshals Serv- ice, as follows: the session of the Senate on Wednes- applicable percentage shall be 60 percent. day, July 26 at 9:30 to conduct an over- (3) AUTHORITY OF SECRETARY TO SIGN LEASE On page 14, beginning with line 21, strike sight hearing. The committee will re- OR AGREEMENT ON BEHALF OF CERTAIN OWN- through page 15, line 20 and insert the fol- ERS.—The Secretary may give written con- lowing: ceive testimony on Natural Gas Sup- sent to an oil or gas lease or agreement ‘‘(3) NONDISCLOSURE REQUIREMENTS.— ply. under paragraph (1) on behalf of an indi- ‘‘(A) IN GENERAL.—Except as provided in The PRESIDING OFFICER. Without vidual Indian owner if— paragraphs (1) and (2), the Attorney General objection, it is so ordered. (A) the owner is deceased and the heirs to, may apply to a court for an order requiring COMMITTEE ON ENVIRONMENT AND PUBLIC or devisees of, the interest of the deceased the party to whom an administrative sub- WORKS owner have not been determined; or poena is directed to refrain from notifying Mr. BENNETT. Mr. President, I ask any other party of the existence of the sub- (B) the heirs or devisees referred to in sub- unanimous consent that the Com- paragraph (A) have been determined, but 1 or poena or court order for such period as the more of the heirs or devisees cannot be lo- court deems appropriate. mittee on Environment and Public cated. ‘‘(B) ORDER.—The court shall enter such Works be authorized to meet during (4) EFFECT OF APPROVAL.— order if it determines that there is reason to the session of the Senate on Wednes- (A) APPLICATION TO ALL PARTIES.— believe that notification of the existence of day, July 26, at 9:00 a.m., Hearing (i) IN GENERAL.—Subject to subparagraph the administrative subpoena will result in— Room (SD–4006), to consider the fol- (B), an oil or gas lease or agreement ap- ‘‘(i) endangering the life or physical safety lowing items: proved by the Secretary under paragraph (1) of an individual; 1. S. 2417, Water Pollution Program shall be binding on the parties described in ‘‘(ii) flight from prosecution; Enhancements Act of 2000, with a man- clause (ii), to the same extent as if all of the ‘‘(iii) destruction of or tampering with evi- owners of the undivided interest in Navajo dence; ager’s amendment; Indian allotted land covered under the lease ‘‘(iv) intimidation of potential witnesses; 2. S. 1109, Bear Protection Act of 1999; or agreement consented to the lease or or 3. S. 2878, National Wildlife Refuge agreement. ‘‘(v) otherwise seriously jeopardizing an in- System Centennial; (ii) DESCRIPTION OF PARTIES.—The parties vestigation or undue delay of a trial. 4. GSA FY 2001 Construction author- referred to in clause (i) are— On page 16, line 9 insert ‘‘, in consultation izations (including courthouses); (I) the owners of the undivided interest in with the Secretary of the Treasury,’’ after 5. Namings: H.R. 1729, Pamela B. the Navajo Indian allotted land covered ‘‘eral’’. Gwin Hall, Charlottesville, Virginia; under the lease or agreement referred to in f H.R. 1901, Kika de la Garza United clause (i); and States Border Station, Pharr, Texas; (II) all other parties to the lease or agree- AUTHORITY FOR COMMITTEES TO ment. MEET H.R. 1959, Adrian A. Spears Judicial Training Center, San Antonio, Texas; (B) EFFECT ON INDIAN TRIBE.—If— COMMITTEE ON AGRICULTURE, NUTRITION, AND (i) an Indian tribe is the owner of a portion FORESTRY and H.R. 4608, James H. Quillen United of an undivided interest in Navajo Indian al- Mr. BENNETT. Mr. President, I ask States Courthouse, Greeneville, Ten- lotted land; and unanimous consent that the Com- nessee. (ii) an oil or gas lease or agreement under mittee on Agriculture, Nutrition, and 6. Nominations: a. Arthur C. Camp- paragraph (1) is otherwise applicable to such Forestry be authorized to meet during bell, Assistant Secretary for Economic portion by reason of this subsection even Development, The Department of Com- though the Indian tribe did not consent to the session of the Senate on Wednes- the lease or agreement, day, July 26, 2000. The purpose of this merce; b. Ella Wong-Rusinko, Alter- then the lease or agreement shall apply to hearing will be to review the Federal nate Federal Co-Chair, Appalachian such portion of the undivided interest (in- sugar program. Regional Commission; and cluding entitlement of the Indian tribe to The PRESIDING OFFICER. Without 7. A study resolution to approve a payment under the lease or agreement), but objection, it is so ordered. Natural Resources Conservation Serv- the Indian tribe shall not be treated as a COMMITTEE ON ARMED SERVICES ice flood control dam in Warren, Min- party to the lease or agreement and nothing Mr. BENNETT. Mr. President, I ask nesota. in this subsection (or in the lease or agree- unanimous consent that the Com- The PRESIDING OFFICER. Without ment) shall be construed to affect the sov- objection, it is so ordered. ereignty of the Indian tribe. mittee on Armed Services be author- (5) DISTRIBUTION OF PROCEEDS.— ized to meet during the session of the COMMITTEE ON FINANCE (A) IN GENERAL.—The proceeds derived Senate on Wednesday, July 26, 2000 at Mr. BENNETT. Mr. President, I ask from an oil or gas lease or agreement that is 9:30 a.m., in open session to consider unanimous consent that the Com- approved by the Secretary under paragraph the nominations of Mr. Donald mittee on Finance be authorized to (1) shall be distributed to all owners of the Mancuso to be Inspector General, De- meet during the Session of the Senate undivided interest in the Navajo Indian al- partment of Defense; Mr. Roger W. on Wednesday, July 26, 2000 for a public lotted land covered under the lease or agree- hearing to consider the nominations of ment. Kallock to be Deputy Under Secretary (B) DETERMINATION OF AMOUNTS DISTRIB- of Defense for Logistics and Material Robert S. LaRussa to be Under Sec- UTED.—The amount of the proceeds under Readiness; and Mr. James E. Baker to retary for International Trade, Depart- subparagraph (A) distributed to each owner be a Judge of the United States Court ment of Commerce, Ruth M. Thomas to under that subparagraph shall be determined of Appeals for the Armed Forces. be Assistant Secretary for Legislative

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00121 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.004 S26JY0 16404 CONGRESSIONAL RECORD—SENATE July 26, 2000 Affairs, Department of the Treasury; 2:30 p.m. in room 485 of the Russell The subcommittee will then receive and Lisa G. Ross to be Assistant Sec- Senate Building to conduct a hearing oversight testimony on the status of retary for Management and Chief Fi- on the S. 2526, to reauthorize the In- the Biological Opinions of the National nancial Officer, Department of the dian Health Care Improvement Act. Marine Fisheries Service and the U.S. Treasury. The PRESIDING OFFICER. Without Fish and Wildlife Service on the oper- The PRESIDING OFFICER. Without objection, it is so ordered. ations of the Federal hydropower sys- objection, it is so ordered. COMMITTEE ON THE JUDICIARY tem of the Columbia River. COMMITTEE ON FOREIGN RELATIONS Mr. BENNETT. Mr. President, I ask The PRESIDING OFFICER. Without Mr. BENNETT. Mr. President, I ask unanimous consent that the Com- objection, it is so ordered. unanimous consent that the Com- mittee on the Judiciary Subcommittee f mittee on Foreign Relations be author- on Administrative Oversight and the ized to meet during the session of the Courts be authorized to meet to con- PRIVILEGE OF THE FLOOR Senate on Wednesday, July 26, 2000, at duct a hearing on Wednesday, July 26, Mr. WYDEN. Mr. President, I ask 11 am to hold a business meeting (agen- 2000, at 9:30 a.m., in 226 Dirksen. unanimous consent for Jim Worth of da attached). The PRESIDING OFFICER. Without my office to be granted the privilege of The PRESIDING OFFICER. Without objection, it is so ordered. the floor for the rest of the week. objection, it is so ordered. COMMITTEE ON SMALL BUSINESS The PRESIDING OFFICER. Without COMMITTEE ON GOVERNMENTAL AFFAIRS Mr. BENNETT. Mr. President, I ask objection, it is so ordered. Mr. BENNETT. Mr. President, I ask unanimous consent that the Com- f unanimous consent that the Com- mittee on Small Business be authorized mittee on Governmental Affairs be au- to meet during the session of the Sen- NOMINATIONS PLACED ON thorized to meet during the session of ate on Wednesday, July 26, 2000, to CALENDAR the Senate on Wednesday, July 26, 2000 markup S. 1594, ‘‘Community Develop- Mr. DEWINE. Mr. President, as in ex- at 10 a.m. for a hearing regarding S. ment and Venture Capital Act of 1999,’’ ecutive session, I ask unanimous con- 1801, the ‘‘Public Interest Declassifica- and other pending matters. The mark- sent that the Foreign Relations Com- tion Act.’’ up will begin at 9:00 a.m. in room 428A mittee be discharged from further con- The PRESIDING OFFICER. Without of the Russell Senate Office Building. sideration of the following nominations objection, it is so ordered. The PRESIDING OFFICER. Without and that they be placed on the execu- COMMITTEE ON HEALTH, EDUCATION, LABOR, objection, it is so ordered. tive calendar. AND PENSIONS SUBCOMMITTEE ON FORESTS AND PUBLIC LANDS The PRESIDING OFFICER. Without Mr. BENNETT. Mr. President, I ask Mr. BENNETT. Mr. President, I ask objection, it is so ordered. unanimous consent that the Com- unanimous consent that the Sub- The nominations are as follows: mittee on Health, Education, Labor, committee on Forests and Public Edward E. Kaufman, of Delaware, to be a and Pensions, Subcommittee on Public Lands of the Committee on Energy and Member of the Broadcasting Board of Gov- Health, be authorized to meet for a Natural Resources be authorized to ernors for a term expiring August 13, 2003. hearing on ‘‘Health Disparities: Bridg- meet during the session of the Senate (Reappointment) ing the Gap’’ during the session of the on Wednesday, July 26, at 2:30 p.m. to Alberto J. Mora, of Florida, to be a Mem- Senate on Wednesday, July 26, 2000, at conduct an oversight hearing to receive ber of the Broadcasting Board of Governors 9:30 a.m. testimony on the Draft Environmental for a term expiring August 13, 2003. (Re- The PRESIDING OFFICER. Without Impact Statement implementing the appointment) objection, it is so ordered. October 1999 announcement by Presi- f COMMITTEE ON HEALTH, EDUCATION, LABOR, dent Clinton to review approximately EXECUTIVE SESSION AND PENSIONS 40 million acres of national forest lands Mr. BENNETT. Mr. President, I ask for increased protection. unanimous consent that the Com- The PRESIDING OFFICER. Without EXECUTIVE CALENDAR mittee on Health, Education, Labor, objection, it is so ordered. and Pensions be authorized to meet for SUBCOMMITTEE ON WATER AND POWER Mr. DEWINE. Mr. President, on be- a hearing on The Americans with Dis- Mr. BENNETT. Mr. President, I ask half of the leader, I ask unanimous abilities Act: Opening the Doors to the unanimous consent that the Sub- consent that the Senate immediately Workplace during the session of the committee on Water and Power of the proceed to executive session to con- Senate on Wednesday, July 26, 2000, at Committee on Energy and Natural Re- sider the following nomination on the 2 p.m. sources be authorized to meet during executive calendar: No. 524. The PRESIDING OFFICER. Without the session of the Senate on Wednes- I further ask unanimous consent that objection, it is so ordered. day, July 26 at 2:30 p.m. to conduct a the nomination be confirmed, the mo- COMMITTEE ON INDIAN AFFAIRS legislative hearing followed by an over- tion to reconsider be laid upon the Mr. BENNETT. Mr. President, I ask sight hearing. The subcommittee will table, any statements relating to the unanimous consent that the Com- receive testimony on S. 2877, a bill to nomination be printed in the RECORD, mittee on Indian Affairs be authorized authorize the Secretary of the Interior the President be immediately notified to meet on Wednesday, July 26, 2000 at to conduct a feasibility study on water of the Senate’s action, and the Senate 1:30 p.m. in room 485 of the Russell optimization in the Burnt River basin, then return to legislative session. Senate Building to mark up pending Malheur River basin, Owyehee River The PRESIDING OFFICER. Without legislation to be followed by an over- basin, and Powder River basin, Oregon; objection, it is so ordered. sight hearing, on the Activities of the S. 2881, a bill to update an existing Bu- The nomination was considered and National Indian Gaming Commission; reau of Reclamation program by confirmed, as follows: to be followed by a legislative hearing amending the Small Reclamation DEPARTMENT OF ENERGY on the S. 2526, to reauthorize the In- Projects Act of 1956, to establish a Mildred Spiewak Dresselhaus, of Massa- dian Health Care Improvement Act. partnership program in the Bureau of chusetts, to be Director of the Office of The PRESIDING OFFICER. Without Reclamation for small reclamation Science, Department of Energy. objection, it is so ordered. projects, and for other purposes; and S. f COMMITTEE ON INDIAN AFFAIRS 2882, a bill to authorize the Bureau of Mr. BENNETT. Mr. President, I ask Reclamation to conduct certain feasi- LEGISLATIVE SESSION unanimous consent that the Com- bility studies to augment water sup- The PRESIDING OFFICER. The Sen- mittee on Indian Affairs be authorized plies for the Klamath Project, Oregon ate will now return to legislative ses- to meet on Wednesday, July 26, 2000 at and California, and for other purposes. sion.

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00122 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.004 S26JY0 July 26, 2000 CONGRESSIONAL RECORD—SENATE 16405 INDIAN LAND CONSOLIDATION ACT and beneficiaries without regard to 25 U.S.C. ‘‘(1) IN GENERAL.—Notwithstanding any other AMENDMENTS OF 1999 2206’’; provision of law, any Indian tribe may adopt a (12) in the absence of comprehensive remedial tribal probate code to govern descent and dis- Mr. DEWINE. Mr. President, I ask legislation, the number of the fractional inter- tribution of trust or restricted lands that are— unanimous consent that the Senate ests will continue to grow exponentially; ‘‘(A) located within that Indian tribe’s res- now proceed to the consideration of (13) the problem of the fractionation of Indian ervation; or Calendar No. 714, S. 1586. lands described in this section is the result of a ‘‘(B) otherwise subject to the jurisdiction of The PRESIDING OFFICER. The policy of the Federal Government, cannot be that Indian tribe. clerk will report the bill by title. solved by Indian tribes, and requires a solution ‘‘(2) POSSIBLE INCLUSIONS.—A tribal probate under Federal law. code referred to in paragraph (1) may include— The legislative clerk read as follows: (14) any devise or inheritance of an interest in ‘‘(A) rules of intestate succession; and A bill (S. 1586) to reduce the fractionated trust or restricted Indian lands is based on Fed- ‘‘(B) other tribal probate code provisions that ownership of Indian Lands, and for other pur- eral law; and are consistent with Federal law and that pro- poses. (15) consistent with the Federal policy of trib- mote the policies set forth in section 3 of the In- There being no objection, the Senate al self-determination, the Federal Government dian Land Consolidation Act Amendments of proceeded to consider the bill, which should encourage the recognized tribal govern- 2000. ment that exercises jurisdiction over a reserva- had been reported from the Committee ‘‘(3) LIMITATIONS.—The Secretary shall not tion to establish a tribal probate code for that approve a tribal probate code if such code pre- on Indian Affairs, with an amendment: reservation. vents an Indian person from inheriting an inter- [Strike out all after the enacting SEC. 3. DECLARATION OF POLICY. est in an allotment that was originally allotted clause and insert the part printed in It is the policy of the United States— to his or her lineal ancestor. italic] (1) to prevent the further fractionation of ‘‘(b) SECRETARIAL APPROVAL.— S. 1586 trust allotments made to Indians; ‘‘(1) IN GENERAL.—Any tribal probate code en- (2) to consolidate fractional interests and acted under subsection (a), and any amendment Be it enacted by the Senate and House of Rep- ownership of those interests into usable parcels; to such a tribal probate code, shall be subject to resentatives of the United States of America in (3) to consolidate fractional interests in a the approval of the Secretary. Congress assembled, manner that enhances tribal sovereignty; ‘‘(2) REVIEW AND APPROVAL.— SECTION 1. SHORT TITLE. (4) to promote tribal self-sufficiency and self- ‘‘(A) IN GENERAL.—Each Indian tribe that This Act may be cited as the ‘‘Indian Land determination; and adopts a tribal probate code under subsection Consolidation Act Amendments of 2000’’. (5) to reverse the effects of the allotment pol- (a) shall submit that code to the Secretary for SEC. 2. FINDINGS. icy on Indian tribes. review. Not later than 180 days after a tribal Congress finds that— SEC. 4. AMENDMENTS TO THE INDIAN LAND CON- probate code is submitted to the Secretary under (1) in the 1800’s and early 1900’s, the United SOLIDATION ACT. this paragraph, the Secretary shall review and States sought to assimilate Indian people into The Indian Land Consolidation Act (25 U.S.C. approve or disapprove that tribal probate code. the surrounding non-Indian culture by allotting 2201 et seq.) is amended— ‘‘(B) CONSEQUENCE OF FAILURES TO APPROVE tribal lands to individual members of Indian (1) in section 202— (A) in paragraph (1), by striking ‘‘(1) ‘tribe’ ’’ OR DISAPPROVE A TRIBAL PROBATE CODE.—If the tribes; and inserting ‘‘(1) ‘Indian tribe’ or ‘tribe’ ’’; Secretary fails to approve or disapprove a tribal (2) as a result of the allotment Acts and re- (B) by striking paragraph (2) and inserting probate code submitted for review under sub- lated Federal policies, over 90,000,000 acres of the following: paragraph (A) by the date specified in that sub- land have passed from tribal ownership; ‘‘(2) ‘Indian’ means any person who is a mem- paragraph, the tribal probate code shall be (3) many trust allotments were taken out of ber of any Indian tribe or is eligible to become deemed to have been approved by the Secretary, trust status, often without their owners consent; a member of any Indian tribe at the time of the but only to the extent that the tribal probate (4) without restrictions on alienation, allot- distribution of the assets of a decedent’s es- code is consistent with Federal law and pro- ment owners were subject to exploitation and tate;’’; motes the policies set forth in section 3 of the In- their allotments were often sold or disposed of (C) by striking ‘‘and’’ at the end of paragraph dian Land Consolidation Act Amendments of without any tangible or enduring benefit to (3); 2000. their owners; (D) by striking the period at the end of para- ‘‘(C) CONSISTENCY OF TRIBAL PROBATE CODE (5) the trust periods for trust allotments have graph (4) and inserting ‘‘; and’’; and WITH ACT.—The Secretary may not approve a been extended indefinitely; (E) by adding at the end the following: tribal probate code, or any amendment to such (6) because of the inheritance provisions in ‘‘(5) ‘heirs of the first or second degree’ means a code, under this paragraph unless the Sec- the original treaties or allotment Acts, the own- parents, children, grandchildren, grandparents, retary determines that the tribal probate code ership of many of the trust allotments that have brothers and sisters of a decedent.’’; promotes the policies set forth in section 3 of the remained in trust status has become (2) in section 205— Indian Land Consolidation Act Amendments of fractionated into hundreds or thousands of in- (A) in the matter preceding paragraph (1)— 2000. terests, many of which represent 2 percent or (i) by striking ‘‘Any Indian’’ and inserting ‘‘(D) EXPLANATION.—If the Secretary dis- less of the total interests; ‘‘(a) IN GENERAL.—Subject to subsection (b), approves a tribal probate code, or an amend- (7) Congress has authorized the acquisition of any Indian’’; ment to such a code, under this paragraph, the (ii) by striking the colon and inserting the fol- lands in trust for individual Indians, and many Secretary shall include in the notice of dis- lowing: ‘‘. Interests owned by an Indian tribe in of those lands have also become fractionated by approval to the Indian tribe a written expla- a tract may be included in the computation of subsequent inheritance; nation of the reasons for the disapproval. the percentage of ownership of the undivided (8) the acquisitions referred to in paragraph ‘‘(E) AMENDMENTS.— (7) continue to be made; interests in that tract for purposes of deter- ‘‘(i) IN GENERAL.—Each Indian tribe that (9) the fractional interests described in this mining whether the consent requirement under amends a tribal probate code under this para- section provide little or no return to the bene- the preceding sentence has been met.’’; graph shall submit the amendment to the Sec- (iii) by striking ‘‘: Provided, That—’’; and in- ficial owners of those interests and the adminis- retary for review and approval. Not later than serting the following: trative costs borne by the United States for those 60 days after receiving an amendment under this ‘‘(b) CONDITIONS APPLICABLE TO PURCHASE.— interests are inordinately high; subparagraph, the Secretary shall review and (10) in Babbitt v. Youpee (117 S Ct. 727 (1997)), Subsection (a) applies on the condition that—’’; (B) in paragraph (2)— approve or disapprove the amendment. the United States Supreme Court found that the (i) by striking ‘‘If,’’ and inserting ‘‘if’’; and ‘‘(ii) CONSEQUENCE OF FAILURE TO APPROVE OR application of section 207 of the Indian Land (ii) by adding ‘‘and’’ at the end; and DISAPPROVE AN AMENDMENT.—If the Secretary Consolidation Act (25 U.S.C. 2206) to the facts (C) by striking paragraph (3) and inserting fails to approve or disapprove an amendment presented in that case to be unconstitutional, the following: submitted under clause (i), the amendment shall forcing the Department of the Interior to ad- ‘‘(3) the approval of the Secretary shall be re- be deemed to have been approved by the Sec- dress the status of thousands of undivided inter- quired for a land sale initiated under this sec- retary, but only to the extent that the amend- ests in trust and restricted lands; tion, except that such approval shall not be re- ment is consistent with Federal law and pro- (11)(A) on February 19, 1999, the Secretary of quired with respect to a land sale transaction motes the policies set forth in section 3 of the In- Interior issued a Secretarial Order which offi- initiated by an Indian tribe that has in effect a dian Land Consolidation Act of 2000. cially reopened the probate of all estates where land consolidation plan that has been approved ‘‘(3) EFFECTIVE DATES.—A tribal probate code an interest in land was ordered to escheat to an by the Secretary under section 204.’’; approved under paragraph (2) shall become ef- Indian tribe pursuant to section 207 of the In- (3) by striking section 206 and inserting the fective on the later of— dian Land Consolidation Act (25 U.S.C. 2206); following: ‘‘(A) the date specified in section 207(f)(5); or and ‘‘SEC. 206. TRIBAL PROBATE CODES; ACQUISI- ‘‘(B) 180 days after the date of approval. (B) the Secretarial Order also directed appro- TIONS OF FRACTIONAL INTERESTS ‘‘(4) LIMITATIONS.— priate officials of the Bureau of Indian Affairs BY TRIBES. ‘‘(A) TRIBAL PROBATE CODES.—Each tribal to distribute such interests ‘‘to the rightful heirs ‘‘(a) TRIBAL PROBATE CODES.— probate code enacted under subsection (a) shall

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00123 Fmt 0686 Sfmt 6333 E:\BR00\S26JY0.004 S26JY0 16406 CONGRESSIONAL RECORD—SENATE July 26, 2000 apply only to the estate of a decedent who dies (4) by striking section 207 and inserting the table title held by the last Indian owner of an on or after the effective date of the tribal pro- following: interest in trust or restricted lands. bate code. ‘‘SEC. 207. DESCENT AND DISTRIBUTION; ES- ‘‘(2) ESCHEAT AND INTESTATE SUCCESSION.—If ‘‘(B) AMENDMENTS TO TRIBAL PROBATE CHEAT OF FRACTIONAL INTERESTS. the holder of a non-Indian estate in Indian land CODES.—With respect to an amendment to a ‘‘(a) TESTAMENTARY DISPOSITION.— dies without having devised or conveyed the in- tribal probate code referred to in subparagraph ‘‘(1) IN GENERAL.—Except as provided in this terest of the individual under paragraph (A), that amendment shall apply only to the es- section, interests in trust or restricted land may (1)(A)(ii), the decedent’s interest in the trust or tate of a descendant who dies on or after the ef- be devised only to— restricted land involved shall— fective date of the amendment. ‘‘(A) the decedent’s Indian spouse or any ‘‘(A) descend to the non-Indian estateholder’s ‘‘(5) REPEALS.—The repeal of a tribal probate other Indian person; or Indian spouse or Indian heirs of the first or sec- code shall— ‘‘(B) the Indian tribe with jurisdiction over ond degree as provided for in subsection (b)(3); ‘‘(A) not become effective earlier than the date the land so devised. or that is 180 days after the Secretary receives no- ‘‘(2) NON-INDIAN ESTATE.—Any devise not de- ‘‘(B) in the case of a decedent that does not tice of the repeal; and scribed in paragraph (1) shall create a non-In- have an Indian spouse or heir of the first or sec- ‘‘(B) apply only to the estate of a decedent dian estate in Indian land as provided for under ond degree, descend to the Indian tribe having who dies on or after the effective date of the re- subsection (c). jurisdiction over the trust or restricted lands. peal. ‘‘(3) JOINT TENANCY WITH RIGHT OF SURVIVOR- ‘‘(3) ACQUISITION OF INTEREST BY INDIAN CO- ‘‘(c) AUTHORITY AVAILABLE TO INDIAN SHIP.—If a testator devises interests in the same OWNERS.—An Indian co-owner of a parcel of TRIBES.— parcel of trust or restricted land to more than 1 trust or restricted land may prevent the escheat ‘‘(1) APPLICATION.—The recognized tribal gov- person, in the absence of express language in of an interest to the tribe under paragraph (2) ernment that has jurisdiction over an Indian the devise to the contrary, the devise shall be by paying into the estate of the owner of a non- reservation (as defined in section 207(c)(5)) may presumed to create a joint tenancy with right of Indian estate in Indian land the fair market exercise the authority provided for in paragraph survivorship. value of the interest. If more than 1 Indian co- (2). ‘‘(b) INTESTATE SUCCESSION.— owner offers to pay for such interest, the high- ‘‘(2) AUTHORITY TO MAKE PAYMENTS IN LIEU ‘‘(1) IN GENERAL.—Subject to paragraphs (2) est bidder shall obtain the interest. OF INHERITANCE OF INTEREST IN LAND.— and (3), with respect to an interest in trust or ‘‘(4) DEVISE OF INTEREST.—If the owner of a ‘‘(A) PROHIBITION.—An individual who is not restricted land passing by intestate succession, non-Indian estate in Indian land devises the in- an Indian shall not be entitled to receive by de- only a spouse or heirs of the first or second de- terest in such land to a person who is not an In- vise or descent any interest in trust or restricted gree may inherit such an interest. dian, at the discretion of the Secretary and sub- land, except by reserving a life estate under sub- ‘‘(2) NON-INDIAN ESTATE.—Notwithstanding ject to the availability of appropriations, the paragraph (B)(ii), within the reservation over paragraph (1), a non-Indian spouse or non-In- Secretary may, pursuant to section 213, acquire which a tribal government has jurisdiction if, dian heir of the first or second degree may only such interest, with or without the consent of the while the decedent’s estate is pending before the receive a non-Indian estate in Indian land as devisee, by depositing the value of the interest Secretary, the tribal government referred to in provided for under subsection (c). in the estate of the owner of the non-Indian es- paragraph (1) pays to the Secretary, on behalf ‘‘(3) JOINT TENANCY.— tate in Indian land. ‘‘(A) IN GENERAL.—Unless modified by a tribal of such individual, the value of such interest. ‘‘(5) RULE OF CONSTRUCTION.— probate code that is approved under section The interest for which payment is made under ‘‘(A) IN GENERAL.—With respect to a dece- 206— this subparagraph shall be held by the Secretary dent’s interest in trust or restricted lands under ‘‘(i) any heirs of the first or second degree in trust for the tribal government. this subsection, until such time as an Indian or that inherit an interest that constitutes 5 per- ‘‘(B) EXCEPTION.— an Indian tribe acquires such interest through cent or more of the undivided interest in a par- ‘‘(i) IN GENERAL.—Subparagraph (A) shall not inheritance, escheat, or conveyance, the Sec- cel of trust or restricted land, shall hold such in- apply to any interest in trust or restricted land retary shall be treated as the holder of the re- terest as tenants in common; and if, while the decedent’s estate is pending before ‘‘(ii) any heirs of the first or second degree mainder from the life estate. the Secretary, the ineligible non-Indian heir or that inherit an interest that constitutes less ‘‘(B) LIMITATION.—Subparagraph (A) shall devisee described in such subparagraph re- than 5 percent of the undivided interest in a not be construed to authorize the Secretary to nounces the interest in favor of a person or per- parcel of trust or restricted land, shall hold such retain any of the proceeds from the lease, use, sons who are otherwise eligible to inherit. interest as joint tenants with the right of survi- rents, profits, royalties, bonuses, or sale of nat- ‘‘(ii) RESERVATION OF LIFE ESTATE.—The non- vorship. ural resources with respect to the trust or re- Indian heir or devisee described in clause (i) ‘‘(B) RENOUNCING OF RIGHTS.—The heirs who stricted lands involved. may retain a life estate in the interest and con- inherit an interest as tenants in common with a ‘‘(6) DESCENT OF OFF-RESERVATION LANDS.— vey the remaining interest to an Indian person. right of survivorship under subparagraph (A)(ii) ‘‘(A) INDIAN RESERVATION DEFINED.—For pur- ‘‘(iii) PRESUMPTION.—In the absence of any may renounce their right of survivorship in poses of this paragraph, the term ‘Indian res- express language to the contrary, a conveyance favor of one or more of their co-owners. ervation’ includes lands located within— under clause (ii) is presumed to reserve to the ‘‘(4) ACQUISITION OF INTEREST BY INDIAN CO- ‘‘(i)(I) Oklahoma; and life estate holder all income from the lease, use, OWNERS.—An Indian co-owner of a parcel of ‘‘(II) the boundaries of an Indian tribe’s rents, profits, royalties, bonuses, or sales of nat- trust or restricted land may prevent the escheat former reservation (as defined and determined ural resources during the pendency of the life of an interest in Indian lands for which there is by the Secretary); estate and any right to occupy the tract of land no legal heir by paying into the decedent’s es- ‘‘(ii) the boundaries of any Indian tribe’s cur- as a home. tate, the fair market value of the interest in rent or former reservation; or ‘‘(C) PAYMENTS.—With respect to payments by such land. If more than 1 Indian co-owner of- ‘‘(iii) any area where the Secretary is required a tribal government under subparagraph (A), fers to pay for such interest, the highest bidder to provide special assistance or consideration of the Secretary shall— shall obtain the interest. If no such offer is a tribe’s acquisition of land or interests in land. ‘‘(i) upon the request of the tribal government, made, the interest will escheat to the tribe that ‘‘(B) DESCENT.—Upon the death of an indi- allow a reasonable period of time, not to exceed exercises jurisdiction over the land. vidual holding an interest in trust or restricted 2 years, for the tribal government to make pay- ‘‘(c) NON-INDIAN ESTATES.— lands that are located outside the boundaries of ments of amounts due pursuant to subpara- ‘‘(1) RIGHTS OF NON-INDIAN ESTATE HOLDERS.— an Indian reservation and that are not subject graph (A); or ‘‘(A) IN GENERAL.—An individual who receives to the jurisdiction of any Indian tribe, that in- ‘‘(ii) recognize alternative agreed upon ex- a non-Indian estate in Indian land under sub- terest shall descend either— changes of consideration between the ineligible section (a)(2) or (b)(2)— ‘‘(i) by testate or intestate succession in trust non-Indian and the tribe in satisfaction of the ‘‘(i) shall receive a proportionate share of the to an Indian; or payment under subparagraph (A). proceeds of any lease, use, rents, profits, royal- ‘‘(ii) in fee status to any other devises or ‘‘(d) USE OF PROPOSED FINDINGS BY TRIBAL ties, bonuses, or sale of natural resources based heirs. JUSTICE SYSTEMS.— on their share of the decedent’s interest in such ‘‘(d) APPROVAL OF AGREEMENTS.—The official ‘‘(1) TRIBAL JUSTICE SYSTEM DEFINED.—In this land; and authorized to adjudicate the probate of trust or subsection, the term ‘tribal justice system’ has ‘‘(ii) may— restricted lands shall have the authority to ap- the meaning given that term in section 3 of the ‘‘(I) convey or deed by gift the decedent’s in- prove agreements between a decedent’s heirs Indian Tribal Justice Act (25 U.S.C. 3602). terest in trust or restricted land to an Indian or and devisees to consolidate interests in trust or ‘‘(2) REGULATIONS.—The Secretary by regula- the tribe with jurisdiction over the land; or restricted lands. The agreements referred to in tion may provide for the use of findings of fact ‘‘(II) devise the decedent’s interest to either the preceding sentence may include trust or re- and conclusions of law, as rendered by a tribal an Indian or an Indian tribe as provided for in stricted lands that are not a part of the dece- justice system, as proposed findings of fact and subsection (a)(1) or a non-Indian as provided dent’s estate that is the subject of the probate. conclusions of law in the adjudication of pro- for in subsection (a)(2). The Secretary may promulgate regulations for bate proceedings by the Department of the Inte- ‘‘(B) DECEDENT’S INTEREST.—In this section, the implementation of this subsection. rior.’’; the term ‘decedent’s interest’ means the equi- ‘‘(e) ESTATE PLANNING ASSISTANCE.—

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00124 Fmt 0686 Sfmt 6333 E:\BR00\S26JY0.004 S26JY0 July 26, 2000 CONGRESSIONAL RECORD—SENATE 16407

‘‘(1) IN GENERAL.—The Secretary shall provide interests acquired under this Act in trust for the excess of the purchase price of the fractional in- estate planning assistance in accordance with recognized tribal government that exercises ju- terest involved to the credit of the Indian tribe this subsection, to the extent amounts are ap- risdiction over the reservation. that receives the fractional interest under sec- propriated for such purpose. ‘‘(b) REQUIREMENTS.—In implementing sub- tion 213 and the tribe shall have access to such ‘‘(2) REQUIREMENTS.—The estate planning as- section (a), the Secretary— funds in the same manner as other funds paid sistance provided under paragraph (1) shall be ‘‘(1) shall promote the policies provided for in to the Secretary for the use of lands held in designed to— section 3 of the Indian Land Consolidation Act trust for the tribe. ‘‘(A) inform, advise, and assist Indian land- Amendments of 2000; ‘‘(D) Notwithstanding any other provision of owners with respect to estate planning in order ‘‘(2) may give priority to the acquisition of law, including section 16 of the Act of June 18, to facilitate the transfer of trust or restricted fractional interests representing 2 percent or less 1934 (commonly referred to as the ‘Indian Reor- lands to a devisee or devisees selected by the of a parcel of trust or restricted land, especially ganization Act’) (48 Stat. 987, chapter 576; 25 landowners; and those interests that would have escheated to a U.S.C. 476), with respect to any interest ac- ‘‘(B) assist Indian landowners in accessing in- tribe but for the Supreme Court’s decision in quired by the Secretary under section 213, the formation pursuant to section 217(g). Babbitt v. Youpee, (117 S Ct. 727 (1997)); Secretary may approve a transaction covered ‘‘(3) CONTRACTS.—In carrying out this section, ‘‘(3) to the extent practicable— under this section on behalf of a tribe until— the Secretary may enter into contracts with en- ‘‘(A) shall consult with the reservation’s rec- ‘‘(i) the Secretary makes any of the findings tities that have expertise in Indian estate plan- ognized tribal government in determining which under paragraph (2)(A); or ning and tribal probate codes. tracts to acquire on a reservation; ‘‘(ii) an amount equal to the purchase price of ‘‘(f) NOTIFICATION TO INDIAN TRIBES AND ‘‘(B) shall coordinate the acquisition activities that interest has been paid into the Acquisition OWNERS OF TRUST OR RESTRICTED LANDS.— with the reservation’s recognized tribal govern- Fund created under section 216. ‘‘(1) IN GENERAL.—Not later than 180 days ment’s acquisition program, including a tribal ‘‘(2) EXCEPTION.—Paragraph (1)(A) shall not after the date of enactment of the Indian Land land consolidation plan approved pursuant to apply to any revenue derived from an interest in Consolidation Act Amendments of 2000, the Sec- section 204; and a parcel of land acquired by the Secretary under retary shall notify Indian tribes and owners of ‘‘(C) may enter into agreements (such agree- section 213 after— trust or restricted lands of the amendments ments will not be subject to the provisions of the ‘‘(A) the Secretary makes a finding that— made by the Indian Land Consolidation Act Indian Self-Determination and Education As- ‘‘(i) the costs of administering the interest will Amendments of 2000. sistance Act of 1974) with the reservation’s rec- equal or exceed the projected revenues for the ‘‘(2) SPECIFICATIONS.—The notice required ognized tribal government or a subordinate enti- parcel involved; under paragraph (1) shall be designed to inform ty of the tribal government to carry out some or ‘‘(ii) in the discretion of the Secretary, it will Indian owners of trust or restricted land of— all of the Secretary’s land acquisition program; take an unreasonable period of time for the par- ‘‘(A) the effect of this Act, with emphasis on and cel to generate revenue that equals the purchase the effect of the provisions of this section, on ‘‘(4) shall minimize the administrative costs price paid for the interest; or the testate disposition and intestate descent of associated with the land acquisition program. ‘‘(iii) a subsequent decrease in the value of their interests in trust or restricted land; and ‘‘(c) SALE OF INTEREST TO INDIAN LAND- land or commodities associated with the land ‘‘(B) estate planning options available to the OWNERS.— make it likely that the interest will be unable to owners, including any opportunities for receiv- ‘‘(1) IN GENERAL.—At the request of any In- generate revenue that equals the purchase price ing estate planning assistance or advice. dian who owns at least 5 percent of the undi- paid for the interest in a reasonable time; or ‘‘(3) REQUIREMENTS.—The Secretary shall pro- vided interest in a parcel of trust or restricted ‘‘(B) an amount equal to the purchase price of vide the notice required under paragraph (1)— land, the Secretary shall convey an interest ac- that interest in land has been paid into the Ac- ‘‘(A) by direct mail for those Indians with in- quired under this section to the Indian land- quisition Fund created under section 216. terests in trust and restricted lands for which owner upon payment by the Indian landowner ‘‘(c) EFFECT ON INDIAN TRIBE.— the Secretary has an address for the interest of the amount paid for the interest by the Sec- ‘‘(1) IN GENERAL.—Paragraph (2) shall apply holder; retary. with respect to any undivided interest in allot- ‘‘(B) through the Federal Register; ‘‘(2) LIMITATIONS.— ted land held by the Secretary in trust for a ‘‘(C) through local newspapers in areas with ‘‘(A) TRIBAL CONSENT.—If an Indian tribe tribe if a lease or agreement under subsection significant Indian populations, reservation that has jurisdiction over a parcel of trust or re- (a) is otherwise applicable to such undivided in- newspapers, and newspapers that are directed stricted land owns 10 percent or more of the un- terest by reason of this section even though the at an Indian audience; and divided interests in a parcel of such land, such Indian tribe did not consent to the lease or ‘‘(D) through any other means determined ap- interest may only be acquired under paragraph agreement. propriate by the Secretary. (1) with the consent of such Indian tribe. ‘‘(2) APPLICATION OF LEASE.—The lease or ‘‘(4) CERTIFICATION.—After providing notice ‘‘(B) LIMITATION.—With respect to a convey- agreement described in paragraph (1) shall under this subsection, the Secretary shall certify ance under this subsection, the Secretary shall apply to the portion of the undivided interest in that the requirements of this subsection have not approve an application to terminate the allotted land described in such paragraph (in- been met and shall publish notice of such certifi- trust status or remove the restrictions of such an cluding entitlement of the Indian tribe to pay- cation in the Federal Register. interest. ment under the lease or agreement), and the In- ‘‘(5) EFFECTIVE DATE.—The provisions of this ‘‘SEC. 214. ADMINISTRATION OF ACQUIRED FRAC- dian tribe shall not be treated as being a party section shall not apply to the estate of an indi- TIONAL INTERESTS, DISPOSITION to the lease or agreement. Nothing in this sec- vidual who dies prior to the day that is 365 days OF PROCEEDS. tion (or in the lease or agreement) shall be con- after the Secretary makes the certification re- ‘‘(a) IN GENERAL.—Subject to the conditions strued to affect the sovereignty of the Indian quired under paragraph (4).’’; and described in subsection (b)(1), an Indian tribe tribe. (5) by adding at the end the following: receiving a fractional interest under section 213 ‘‘SEC. 215. ESTABLISHING FAIR MARKET VALUE. ‘‘SEC. 213. PILOT PROGRAM FOR THE ACQUISI- may, as a tenant in common with the other TION OF FRACTIONAL INTERESTS. owners of the trust or restricted lands, lease the ‘‘(a) IN GENERAL.—For purposes of this Act, ‘‘(a) ACQUISITION BY SECRETARY.— interest, sell the resources, consent to the grant- the Secretary may develop a system for estab- ‘‘(1) IN GENERAL.—The Secretary may acquire, ing of rights-of-way, or engage in any other lishing the fair market value of various types of at the discretion of the Secretary and with the transaction affecting the trust or restricted land lands and improvements. Such a system may in- consent of the owner, except as provided in sec- authorized by law. clude determinations of fair market value based tion 207(c)(4), and at fair market value, any ‘‘(b) CONDITIONS.— on appropriate geographic units as determined fractional interest in trust or restricted lands. ‘‘(1) IN GENERAL.—The conditions described in by the Secretary. Such system may govern the ‘‘(2) AUTHORITY OF SECRETARY.— this paragraph are as follows: amounts offered for the purchase of interests in ‘‘(A) IN GENERAL.—The Secretary shall have ‘‘(A) Except as provided in subsection (d), trust or restricted lands under section 213. the authority to acquire interests in trust or re- until the purchase price paid by the Secretary ‘‘(b) RULE OF CONSTRUCTION.—Nothing in this stricted lands under this section during the 3- for an interest referred to in subsection (a) has section shall be construed to prevent the owner year period beginning on the date of certifi- been recovered, any lease, resource sale con- of an interest in trust or restricted lands from cation that is referred to in section 207(f)(5). tract, right-of-way, or other document evidenc- appealing a determination of fair market value ‘‘(B) REQUIRED REPORT.—Prior to expiration ing a transaction affecting the interest shall made in accordance with this section. of the authority provided for in subparagraph contain a clause providing that all revenue de- ‘‘SEC. 216. ACQUISITION FUND. (A), the Secretary shall submit the report re- rived from the interest shall be paid to the Sec- ‘‘(a) IN GENERAL.—The Secretary shall estab- quired under section 218 concerning whether the retary. lish an Acquisition Fund to— program to acquire fractional interests should be ‘‘(B) Subject to subparagraph (C), the Sec- ‘‘(1) disburse appropriations authorized to ac- extended or altered to make resources available retary shall deposit any revenue derived under complish the purposes of section 213; and to Indian tribes and individual Indian land- subparagraph (A) into the Acquisition Fund ‘‘(2) collect all revenues received from the owners. created under section 216. lease, permit, or sale of resources from interests ‘‘(3) INTERESTS HELD IN TRUST.—Subject to ‘‘(C) The Secretary shall deposit any revenue in trust or restricted lands transferred to Indian section 214, the Secretary shall immediately hold that is paid under subparagraph (A) that is in tribes by the Secretary under section 213.

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00125 Fmt 0686 Sfmt 6333 E:\BR00\S26JY0.004 S26JY0 16408 CONGRESSIONAL RECORD—SENATE July 26, 2000

‘‘(b) DEPOSITS; USE.— action shall be consistent with this Act and any ‘‘(D) If there are 20 or more such owners, the ‘‘(1) IN GENERAL.—Subject to paragraph (2), other provision of Federal law. applicable percentage shall be a majority of the all proceeds from leases, permits, or resource ‘‘(f) NO TERMINATION.—During the 7-year pe- interests in the allotted land. sales derived from an interest in trust or re- riod beginning on the date on which the Sec- ‘‘(2) DETERMINATION OF OWNERS.— stricted lands described in subsection (a)(2) retary approves a conveyance of an interest in ‘‘(A) IN GENERAL.—For purposes of this sub- shall— trust or restricted land under subsection (e), the section, in determining the number of owners of, ‘‘(A) be deposited in the Acquisition Fund; Secretary shall not approve an application to and their interests in, the undivided interest in and terminate the trust status of, or remove the re- the allotted land with respect to a lease or ‘‘(B) as specified in advance in appropriations strictions on, such an interest. agreement, the Secretary shall make such deter- Acts, be available for the purpose of acquiring ‘‘(g) LAND OWNERSHIP INFORMATION.—Not- mination based on the records of the Depart- additional fractional interests in trust or re- withstanding any other provision of law, the ment of the Interior that identify the owners of stricted lands. names and mailing addresses of the Indian own- such lands and their interests and the number ‘‘(2) MAXIMUM DEPOSITS OF PROCEEDS.—With ers of trust or restricted lands, and information of owners of such land on the date on which the respect to the deposit of proceeds derived from on the location of the parcel and the percentage lease or agreement involved is submitted to the an interest under paragraph (1), the aggregate of undivided interest owned by each individual, Secretary under this section. amount deposited under that paragraph shall or of any interest in trust or restricted lands, ‘‘(B) RULE OF CONSTRUCTION.—Nothing in not exceed the purchase price of that interest shall, upon written request, be made available subparagraph (A) shall be construed to author- under section 213. to— ize the Secretary to treat an Indian tribe as the ‘‘SEC. 217. TRUST AND RESTRICTED LAND TRANS- ‘‘(1) other Indian owners of interests in trust owner of an interest in allotted land that did ACTIONS. or restricted lands within the same reservation; not escheat to the tribe pursuant to section 207 ‘‘(a) POLICY.—It is the policy of the United ‘‘(2) the tribe that exercises jurisdiction over as a result of the Supreme Court’s decision in States to encourage and assist the consolidation the reservation where the parcel is located or Babbitt v. Youpee, (117 S Ct. 727 (1997)). of land ownership through transactions involv- any person who is eligible for membership in ‘‘(c) AUTHORITY OF SECRETARY TO SIGN LEASE ing individual Indians and between Indians and that tribe; and OR AGREEMENT ON BEHALF OF CERTAIN OWN- a reservation’s recognized tribal government in ‘‘(3) prospective applicants for the leasing, ERS.—The Secretary may give written consent to a manner consistent with the policy of main- use, or consolidation of such trust or restricted a lease or agreement under subsection (a)— taining the trust status of allotted lands. Noth- land or the interest in trust or restricted lands. ‘‘(1) on behalf of the individual Indian owner if the owner is deceased and the heirs to, or ing in this section shall be construed to apply to ‘‘SEC. 218. REPORTS TO CONGRESS. devisees of, the interest of the deceased owner or to authorize the sale of trust or restricted ‘‘(a) IN GENERAL.—Prior to expiration of the have not been determined; or lands to a person who is not an Indian. authority provided for in section 213(a)(2)(A), ‘‘(2) on behalf of any heir or devisee referred ‘‘(b) SALES AND EXCHANGES BETWEEN INDIANS the Secretary, after consultation with Indian to in paragraph (1) if the heir or devisee has AND BETWEEN INDIANS AND INDIAN TRIBES.— tribes and other interested parties, shall submit been determined but cannot be located ‘‘(1) IN GENERAL.— to the Committee on Indian Affairs and the ‘‘(d) EFFECT OF APPROVAL.— ‘‘(A) ESTIMATE OF VALUE.—Notwithstanding Committee on Energy and Natural Resources of ‘‘(1) APPLICATION TO ALL PARTIES.— any other provision of law and only after the the Senate and the Committee on Resources of ‘‘(A) IN GENERAL.—Subject to paragraph (2), a Indian selling or exchanging an interest in land the House of Representatives a report that indi- lease or agreement approved by the Secretary has been provided with an estimate of the value cates, for the period covered by the report— under subsection (a) shall be binding on the of the interest of the Indian pursuant to this ‘‘(1) the number of fractional interests in trust parties described in subparagraph (B), to the section— or restricted lands acquired; and same extent as if all of the owners of the undi- ‘‘(i) the sale or exchange of an interest in ‘‘(2) the impact of the resulting reduction in vided interest in allotted land covered under the trust or restricted land may be made for an the number of such fractional interests on the lease or agreement consented to the lease or amount that is less than the fair market value financial and realty recordkeeping systems of agreement. of that interest; and the Bureau of Indian Affairs. ‘‘(B) DESCRIPTION OF PARTIES.—The parties ‘‘(ii) the approval of a transaction that is in ‘‘(b) REPORT.—The reports described in sub- referred to in subparagraph (A) are— compliance with this section shall not constitute section (a) and section 213(a) shall contain find- ‘‘(i) the owners of the undivided interest in a breach of trust by the Secretary. ings as to whether the program under this Act the allotted land covered under the lease or ‘‘(B) WAIVER OF REQUIREMENT.—The require- to acquire fractional interests in trust or re- agreement referred to in such subparagraph; ment for an estimate of value under subpara- stricted lands should be extended and whether and graph (A) may be waived in writing by an In- such program should be altered to make re- ‘‘(ii) all other parties to the lease or agree- dian selling or exchanging an interest in land sources available to Indian tribes and individual ment. with an Indian person who is the owner’s Indian landowners. ‘‘(2) EFFECT ON INDIAN TRIBE.— spouse, brother, sister, lineal ancestor of Indian ‘‘SEC. 219. APPROVAL OF LEASES, RIGHTS-OF- ‘‘(A) IN GENERAL.—Subparagraph (B) shall blood, lineal descendant, or collateral heir. WAY, AND SALES OF NATURAL RE- apply with respect to any undivided interest in ‘‘(2) LIMITATION.—For a period of 5 years SOURCES. allotted land held by the Secretary in trust for after the Secretary approves a conveyance pur- ‘‘(a) APPROVAL BY THE SECRETARY.— a tribe if a lease or agreement under subsection suant to this subsection, the Secretary shall not ‘‘(1) IN GENERAL.—Notwithstanding any other (a) is otherwise applicable to such undivided in- approve an application to terminate the trust provision of law, the Secretary may approve any terest by reason of this section even though the status or remove the restrictions of such an in- lease or agreement that affects individually Indian tribe did not consent to the lease or terest. owned allotted land, if— agreement. ‘‘(c) ACQUISITION OF INTEREST BY SEC- ‘‘(A) the owners of not less than the applica- ‘‘(B) APPLICATION OF LEASE.—The lease or RETARY.—An Indian, or the recognized tribal ble percentage (determined under subsection (b)) agreement described in subparagraph (A) shall government of a reservation, in possession of an of the undivided interest in the allotted land apply to the portion of the undivided interest in interest in trust or restricted lands, at least a that is covered by the lease or agreement con- allotted land described in such paragraph (in- portion of which is in trust or restricted status sent in writing to the lease or agreement; and cluding entitlement of the Indian tribe to pay- on the date of enactment of the Indian Land ‘‘(B) the Secretary determines that approving ment under the lease or agreement), and the In- Consolidation Act Amendments of 2000 and lo- the lease or agreement is in the best interest of dian tribe shall not be treated as being a party cated within a reservation, may request that the the owners of the undivided interest in the allot- to the lease or agreement. Nothing in this sec- interest be taken into trust by the Secretary. ted land. tion (or in the lease or agreement) shall be con- Upon such a request, the Secretary shall forth- ‘‘(2) RULE OF CONSTRUCTION.—Nothing in this strued to affect the sovereignty of the Indian with take such interest into trust. section shall be construed to apply to leases in- tribe. ‘‘(d) STATUS OF LANDS.—The sale or exchange volving coal or uranium. ‘‘(e) DISTRIBUTION OF PROCEEDS.— of an interest in trust or restricted land under ‘‘(b) APPLICABLE PERCENTAGE.— ‘‘(1) IN GENERAL.—The proceeds derived from this section shall not affect the status of that ‘‘(1) PERCENTAGE INTEREST.—The applicable a lease or agreement that is approved by the land as trust or restricted land. percentage referred to in subsection (a)(1) shall Secretary under subsection (a) shall be distrib- ‘‘(e) GIFT DEEDS.— be determined as follows: uted to all owners of undivided interest in the ‘‘(1) IN GENERAL.—An individual owner of an ‘‘(A) If there are 5 or fewer owners of the un- allotted land covered under the lease or agree- interest in trust or restricted land may convey divided interest in the allotted land, the appli- ment. that interest by gift deed to— cable percentage shall be 100 percent. ‘‘(2) DETERMINATION OF AMOUNTS DISTRIB- ‘‘(A) an individual Indian; or ‘‘(B) If there are more than 5 such owners, but UTED.—The amount of the proceeds under para- ‘‘(B) the Indian tribe that exercises jurisdic- fewer than 11 such owners, the applicable per- graph (1) that are distributed to each owner tion over that land. centage shall be 80 percent. under that paragraph shall be determined in ac- ‘‘(2) SPECIAL RULE.—With respect to any gift ‘‘(C) If there are more than 10 such owners, cordance with the portion of the undivided in- deed conveyed under this section, the Secretary but fewer than 20 such owners, the applicable terest in the allotted land covered under the shall not require an appraisal and the trans- percentage shall be 60 percent. lease or agreement that is owned by that owner.

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00126 Fmt 0686 Sfmt 6333 E:\BR00\S26JY0.004 S26JY0 July 26, 2000 CONGRESSIONAL RECORD—SENATE 16409 ‘‘(f) RULE OF CONSTRUCTION.—Nothing in this The PRESIDING OFFICER. The lowed to ‘‘escheat’’ to the tribe exer- section shall be construed to amend or modify clerk will report. cising jurisdiction over the parcel. Be- the provisions of Public Law 105-188 (25 U.S.C. The legislative clerk read as follows: cause of the controversy associated 396 note), the American Indian Agricultural Re- sources Management Act (25 U.S.C. 3701 et seq.) The Senator from Ohio [Mr. DEWINE], for with the escheat provision, Committee or any other Act that provides specific stand- Mr. CAMPBELL, proposes an amendment num- staff continued to work with interested ards for the percentage of ownership interest bered 4019. parties to develop a proposal for ad- that must approve a lease or agreement on a (The text of the amendment is print- dressing fractionation without the use specified reservation. ed in today’s RECORD Under ‘‘Amend- of escheat. ‘‘SEC. 220. APPLICATION TO ALASKA. ments Submitted.’’) On June 14, 2000, the SCIA reported S. ‘‘(a) FINDINGS.—Congress find that— Mr. CAMPBELL. Mr. President, on 1586 with an amendment in the nature ‘‘(1) numerous academic and governmental or- of a substitute. In response to concerns ganizations have studied the nature and extent September 15, 1999, I introduced S. 1586, of fractionated ownership of Indian land out- the Indian Land Consolidation Act that probate reform should be com- side of Alaska and have proposed solutions to Amendments of 2000. At that time I prehensive, the reported version of the this problem; and pledged to work with all interested bill was not limited to smaller frac- ‘‘(2) despite these studies, there has not been parties to address the vexing problems tional interests. Instead the bill ad- a comparable effort to analyze the problem, if associated with fractionated ownership dressed both the problem of any, of fractionated ownership in Alaska. fractionated ownership and the loss of ‘‘(b) APPLICATION OF ACT TO ALASKA.—Except of Indian lands. These lands were as provided in this section, this Act shall not carved out of Indian reservations in the trust land through devise and descent. apply to land located within Alaska. late 19th and early 20th centuries. The bill provided that non-Indian heirs ‘‘(c) RULE OF CONSTRUCTION.—Nothing in this Within only a few generations, the and devisees would receive ‘‘non-Indian section shall be construed to constitute a ratifi- ownership of the allotments was di- interests in Indian land,’’ rather than cation of any determination by any agency, in- vided among dozens of the heirs of the fee title to trust and restricted land. In strumentality, or court of the United States that most instances, these interests would may support the assertion of tribal jurisdiction original owners of these parcels. This over allotment lands or interests in such land in situation has only grown worse as each operate as if they were a life estate in Alaska.’’. decade passes. the interest. SEC. 5. JUDICIAL REVIEW. In 1983, Congress tried to solve frac- S. 1586 was endorsed on June 28, 2000 Notwithstanding section 207(f)(5) of the In- tionation when it enacted the Indian by the National Congress of American dian Land Consolidation Act (25 U.S.C. Land Consolidation Act (ILCA), P.L. Indians (NCAI), the largest and most 2206(f)(5)), after the Secretary of Interior pro- 94–459. The ILCA prevented small undi- representative tribal organization in vides the certification required under section vided interests from passing by either the Nation, through Resolution Jun–00– 207(f)(4) of such Act, the owner of an interest in devise or descent. Only those interests 044. The Resolution requested that the trust or restricted land may bring an adminis- bill’s sponsor continue to work with trative action to challenge the application of that produced more than $100 in rev- such section 207 to their interest in trust or re- enue in the preceding year were ex- NCAI to address technical issues. stricted lands, and may seek judicial review of empted. In 1987 the Supreme Court Throughout June and July, a con- the final decision of the Secretary of Interior ruled in Hodel v. Irving, 481 U.S. 704, certed effort has been made to consult with respect to such challenge. that those provisions of the ILCA vio- with Indian tribes, landowners, and SEC. 6. AUTHORIZATION OF APPROPRIATIONS. lated the 5th Amendment by taking inter-tribal organizations, BIA per- There are authorized to be appropriated not to property without just compensation. sonnel, and interested academics to exceed $8,000,000 for fiscal year 2001 and each Then in 1992, the General Accounting clarify and simplify the bill. For exam- subsequent fiscal year to carry out the provi- ple, in many instances a ‘‘non-Indian sions of this Act (and the amendments made by Office surveyed 12 Indian reservations this Act) that are not otherwise funded under with fractionated ownership and re- estate in Indian land’’ might prove a the authority provided for in any other provi- ported to Congress: more complicated interest than was sion of Federal law. BIA’s workload for ownership records is necessary to achieve the bill’s objec- SEC. 7. CONFORMING AMENDMENTS. substantial. The agency maintains about 1.1 tive. It was recommended that the (a) PATENTS HELD IN TRUST.—The Act of Feb- million records for the 12 reservations. Over bill’s non-Indian estate should simply ruary 8, 1887 (24 Stat. 388) is amended— 60 percent of the records represent small be replaced by an ordinary life estate. (1) by repealing sections 1, 2, and 3 (25 U.S.C. ownership interests of Indian individuals— A proposed amendment in the nature 331, 332, and 333); and some as small as one four thousandth of 1 of a substitute has been produced. The (2) in the second proviso of section 5 (25 percent. (GAO/RCED–92–96BR) U.S.C. 348)— amendment differs from the version re- (A) by striking ‘‘and partition’’; and In 1994, the Department of Interior ported by the SCIA on June 14, 2000 in (B) by striking ‘‘except’’ and inserting ‘‘except began a national consultation with the following ways: as provided by the Indian Land Consolidation tribal leaders and landowners con- The definition of ‘‘Indian’’ is amend- Act or a tribal probate code approved under cerning the need to address fraction- ed. As reported on June 14, 2000, the such Act and except’’. (b) ASCERTAINMENT OF HEIRS AND DISPOSAL ation through a comprehensive legisla- definition included members of Indian OF ALLOTMENTS.—The Act of June 25, 1910 (36 tive proposal. Based on these consulta- tribes and those eligible for member- Stat. 855) is amended— tions, in June 1997, the Administration ship in an Indian tribe. The proposed (1) in the first sentence of section 1 (25 U.S.C. submitted a legislative proposal on amendment adds a provision for: ‘‘any 372), by striking ‘‘under’’ and inserting ‘‘under land fractionation to Congress. person who has been found to meet the the Indian Land Consolidation Act or a tribal Also in 1997, the Supreme Court ruled definition of ‘Indian’ under a provision probate code approved under such Act and pur- suant to’’; and in Babbitt v. Youpee, 519 U.S. 234 that of Federal law if the Secretary deter- (2) in the first sentence of section 2 (25 U.S.C. the 1984 amendments to the ILCA did mines that using such law’s definition 373), by striking ‘‘with regulations’’ and insert- not go far enough to alter the Court’s of Indian is consistent with the pur- ing ‘‘with the Indian Land Consolidation Act or previous finding that the ILCA violated poses of this Act.’’ This amendment a tribal probate code approved under such Act the 5th Amendment. will ensure that individuals who are and regulations’’. On November 4, 2000, the Senate In- treated as Indians for other purposes of (c) TRANSFER OF LANDS.—Section 4 of the Act dian Affairs Committee (SCIA) held a of June 18, 1934 (25 U.S.C. 464) is amended by Federal law will also be treated as In- striking ‘‘trust:’’ and inserting ‘‘trust, except as joint hearing on S. 1586 with the House dian for purposes of this Act. provided by the Indian Land Consolidation Committee on Resources. Section 207 dealing with the devise Act:’’. On March 23, 2000, the SCIA reported and descent of interests in trust and re- AMENDMENT NO. 4019 S. 1586. Relying on a suggestion in the stricted lands has been rewritten to (Purpose: To provide for a complete Supreme Court’s 1987 opinion, the re- provide that non-Indians inheriting in- substitute) ported bill allowed an owner to devise terest in trust and restricted land will Mr. DEWINE. Mr. President, I send fractional interests of less than 2%, but now receive life estates in place of an amendment to the desk and ask for eliminated the intestate descent of ‘‘non-Indian interests in Indian land.’’ its immediate consideration. such interests. These interests were al- The owner of allotted land who does

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00127 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.004 S26JY0 16410 CONGRESSIONAL RECORD—SENATE July 26, 2000 not have any Indian heirs may devise The committee amendment, in the (14) any devise or inheritance of an interest his interest to non-Indian heirs. Such a nature of a substitute, as amended, was in trust or restricted Indian lands is a mat- devise may then reserve a life estate if agreed to. ter of Federal law; and the remainder interest is acquired by The bill (S. 1586), as amended, was (15) consistent with the Federal policy of read the third time and passed. tribal self-determination, the Federal Gov- the tribe under section 206(c). ernment should encourage the recognized Section 206(c), which allows Indian S. 1586 tribal government that exercises jurisdiction tribes to acquire interests devised to Be it enacted by the Senate and House of Rep- over a reservation to establish a tribal pro- non-Indians has been rewritten for resentatives of the United States of America in bate code for that reservation. clarity. Congress assembled, As reported on June 14, 2000, S. 1586 SECTION 1. SHORT TITLE. SEC. 102. DECLARATION OF POLICY. provided that interests of 5% or less This Act may be cited as the ‘‘Indian Land It is the policy of the United States— that pass by intestate succession would Consolidation Act Amendments of 2000’’. (1) to prevent the further fractionation of be inherited with the right of survivor- TITLE I—INDIAN LAND CONSOLIDATION trust allotments made to Indians; ship to prevent further fractionation. SEC. 101. FINDINGS. (2) to consolidate fractional interests and ownership of those interests into usable par- Since the BIA is in the process of re- Congress finds that— (1) in the 1800’s and early 1900’s, the United cels; forming its trust and probate manage- States sought to assimilate Indian people (3) to consolidate fractional interests in a ment system, the proposed amendment into the surrounding non-Indian culture by manner that enhances tribal sovereignty; provides that this provision will not allotting tribal lands to individual members (4) to promote tribal self-sufficiency and take effect until the Secretary certifies of Indian tribes; self-determination; and that the BIA has a process in place to (2) as a result of the allotment Acts and re- (5) to reverse the effects of the allotment track interests held with the right of lated Federal policies, over 90,000,000 acres of policy on Indian tribes. survivorship. land have passed from tribal ownership; SEC. 103. AMENDMENTS TO THE INDIAN LAND A separate subsection concerning gift (3) many trust allotments were taken out CONSOLIDATION ACT. deeds is now incorporated into another of trust status, often without their owners consent; The Indian Land Consolidation Act (25 section that allows the Secretary to (4) without restrictions on alienation, al- U.S.C. 2201 et seq.) is amended— approve conveyance of trust land to In- lotment owners were subject to exploitation (1) in section 202— dians. Also, trust land may now be con- and their allotments were often sold or dis- (A) in paragraph (1), by striking ‘‘(1) veyed to Indians by a person of Indian posed of without any tangible or enduring ‘tribe’ ’’ and inserting ‘‘(1) ‘Indian tribe’ or ancestry who owns trust land, but does benefit to their owners; ‘tribe’ ’’; not meet the ILCA’’s definition of In- (5) the trust periods for trust allotments (B) by striking paragraph (2) and inserting have been extended indefinitely; the following: dian. ‘‘(2) ‘Indian’ means any person who is a A second title to S. 1586 includes the (6) because of the inheritance provisions in the original treaties or allotment Acts, the member of any Indian tribe or is eligible to text from S. 1315 and its House coun- become a member of any Indian tribe, or any terpart H.R. 3181, which allow the Sec- ownership of many of the trust allotments that have remained in trust status has be- person who has been found to meet the defi- retary of Interior to approve oil and come fractionated into hundreds or thou- nition of ‘Indian’ under a provision of Fed- gas leases on lands allotted to indi- sands of undivided interests, many of which eral law if the Secretary determines that vidual Navajo Indians, as long as the represent 2 percent or less of the total inter- using such law’s definition of Indian is con- specified majority of owners of undi- ests; sistent with the purposes of this Act;’’; vided interests approve the trans- (7) Congress has authorized the acquisition (C) by striking ‘‘and’’ at the end of para- action. S. 1315 and H.R. 3181 were intro- of lands in trust for individual Indians, and graph (3); many of those lands have also become (D) by striking the period at the end of duced at the request of the Navajo Al- paragraph (4) and inserting ‘‘; and’’; and lottee Association, Shii Shi Keyah. fractionated by subsequent inheritance; (8) the acquisitions referred to in para- (E) by adding at the end the following: I have described S. 1586 as the ‘‘cor- ‘‘(5) ‘heirs of the first or second degree’ nerstone’’ of the Committee’s efforts to graph (7) continue to be made; (9) the fractional interests described in this means parents, children, grandchildren, reform the BIA’s management of land section often provide little or no return to grandparents, brothers and sisters of a dece- fractionation. Without this bill, inter- the beneficial owners of those interests and dent.’’; ests will continue to fractionate. That the administrative costs borne by the United (2) in section 205— is why the Department of the Interior States for those interests are inordinately (A) in the matter preceding paragraph (1)— continues to support this bill, even high; (i) by striking ‘‘Any Indian’’ and inserting though it differs greatly from the De- (10) in Babbitt v. Youpee (117 S Ct. 727 ‘‘(a) IN GENERAL.—Subject to subsection (b), any Indian’’; partment’s original proposal. (1997)), the United States Supreme Court found the application of section 207 of the In- (ii) by striking the colon and inserting the As far back as 1934, a member of the following: ‘‘. Interests owned by an Indian House of Representatives referred to dian Land Consolidation Act (25 U.S.C. 2206) to the facts presented in that case to be un- tribe in a tract may be included in the com- fractionated interests as: ‘‘a meaning- constitutional, forcing the Department of putation of the percentage of ownership of less system of minute partitioning in the Interior to address the status of thou- the undivided interests in that tract for pur- which all thought of the possible use of sands of undivided interests in trust and re- poses of determining whether the consent re- the land to satisfy human needs is lost stricted lands; quirement under the preceding sentence has in a mathematical haze of book- (11)(A) on February 19, 1999, the Secretary been met.’’; keeping.’’ S. 1586 provides a framework of Interior issued a Secretarial Order which (iii) by striking ‘‘: Provided, That—’’; and inserting the following: that will allow the Federal govern- officially reopened the probate of all estates ment, tribal governments, and those where an interest in land was ordered to es- ‘‘(b) CONDITIONS APPLICABLE TO PUR- cheat to an Indian tribe pursuant to section CHASE.—Subsection (a) applies on the condi- who own interests in allotments to 207 of the Indian Land Consolidation Act (25 tion that—’’; begin addressing these issues. U.S.C. 2206); and (B) in paragraph (2)— Mr. DEWINE. Mr. President, I ask (B) the Secretarial Order also directed ap- (i) by striking ‘‘If,’’ and inserting ‘‘if’’; and unanimous consent that the amend- propriate officials of the Bureau of Indian (ii) by adding ‘‘and’’ at the end; and ment be agreed to, the committee Affairs to distribute such interests ‘‘to the (C) by striking paragraph (3) and inserting amendment be agreed to, as amended, rightful heirs and beneficiaries without re- the following: the bill be read the third time and gard to 25 U.S.C. 2206’’; ‘‘(3) the approval of the Secretary shall be passed, the motion to reconsider be (12) in the absence of comprehensive reme- required for a land sale initiated under this laid upon the table, and any state- dial legislation, the number of the fractional section, except that such approval shall not interests will continue to grow exponen- be required with respect to a land sale trans- ments relating to the bill be printed in tially; action initiated by an Indian tribe that has the RECORD. (13) the problem of the fractionation of In- in effect a land consolidation plan that has The PRESIDING OFFICER. Without dian lands described in this section is the re- been approved by the Secretary under sec- objection, it is so ordered. sult of a policy of the Federal Government, tion 204.’’; The amendment (No. 4019) was agreed cannot be solved by Indian tribes, and re- (3) by striking section 206 and inserting the to. quires a solution under Federal law. following:

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00128 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.004 S26JY0 July 26, 2000 CONGRESSIONAL RECORD—SENATE 16411 ‘‘SEC. 206. TRIBAL PROBATE CODES; ACQUISI- forth in section 102 of the Indian Land Con- (4) by striking section 207 and inserting the TIONS OF FRACTIONAL INTERESTS solidation Act of 2000. following: BY TRIBES. ‘‘(3) EFFECTIVE DATES.—A tribal probate ‘‘SEC. 207. DESCENT AND DISTRIBUTION. ‘‘(a) TRIBAL PROBATE CODES.— code approved under paragraph (2) shall be- ‘‘(a) TESTAMENTARY DISPOSITION.— ‘‘(1) IN GENERAL.—Notwithstanding any come effective on the later of— ‘‘(1) IN GENERAL.—Interests in trust or re- other provision of law, any Indian tribe may ‘‘(A) the date specified in section 207(g)(5); stricted land may be devised only to— adopt a tribal probate code to govern descent or ‘‘(A) the decedent’s Indian spouse or any and distribution of trust or restricted lands ‘‘(B) 180 days after the date of approval. other Indian person; or that are— ‘‘(4) LIMITATIONS.— ‘‘(B) the Indian tribe with jurisdiction over ‘‘(A) located within that Indian tribe’s res- ‘‘(A) TRIBAL PROBATE CODES.—Each tribal the land so devised. ervation; or probate code enacted under subsection (a) ‘‘(2) LIFE ESTATE.—Any devise of an inter- ‘‘(B) otherwise subject to the jurisdiction shall apply only to the estate of a decedent est in trust or restricted land to a non-In- of that Indian tribe. who dies on or after the effective date of the dian shall create a life estate with respect to ‘‘(2) POSSIBLE INCLUSIONS.—A tribal probate tribal probate code. such interest. code referred to in paragraph (1) may in- ‘‘(B) AMENDMENTS TO TRIBAL PROBATE ‘‘(3) REMAINDER.— clude— CODES.—With respect to an amendment to a ‘‘(A) IN GENERAL.—Except where the re- ‘‘(A) rules of intestate succession; and tribal probate code referred to in subpara- mainder from the life estate referred to in ‘‘(B) other tribal probate code provisions graph (A), that amendment shall apply only paragraph (2) is devised to an Indian, such that are consistent with Federal law and to the estate of a decedent who dies on or remainder shall descend to the decedent’s In- that promote the policies set forth in section after the effective date of the amendment. dian spouse or Indian heirs of the first or 102 of the Indian Land Consolidation Act ‘‘(5) REPEALS.—The repeal of a tribal pro- second degree pursuant to the applicable law Amendments of 2000. bate code shall— of intestate succession. ‘‘(3) LIMITATIONS.—The Secretary shall not ‘‘(A) not become effective earlier than the ‘‘(B) DESCENT OF INTERESTS.—If a decedent approve a tribal probate code if such code date that is 180 days after the Secretary re- described in subparagraph (A) has no Indian prevents an Indian person from inheriting an ceives notice of the repeal; and heirs of the first or second degree, the re- interest in an allotment that was originally ‘‘(B) apply only to the estate of a decedent mainder interest described in such subpara- allotted to his or her lineal ancestor. who dies on or after the effective date of the graph shall descend to any of the decedent’s ‘‘(b) SECRETARIAL APPROVAL.— repeal. collateral heirs of the first or second degree, ‘‘(1) IN GENERAL.—Any tribal probate code ‘‘(c) AUTHORITY AVAILABLE TO INDIAN pursuant to the applicable laws of intestate enacted under subsection (a), and any TRIBES.— succession, if on the date of the decedent’s amendment to such a tribal probate code, ‘‘(1) IN GENERAL.—If the owner of an inter- death, such heirs were a co-owner of an in- shall be subject to the approval of the Sec- est in trust or restricted land devises an in- terest in the parcel of trust or restricted retary. terest in such land to a non-Indian under land involved. ‘‘(2) REVIEW AND APPROVAL.— section 207(a)(6)(A), the Indian tribe that ex- ‘‘(C) DEFINITION.—For purposes of this sec- ‘‘(A) IN GENERAL.—Each Indian tribe that ercises jurisdiction over the parcel of land tion, the term ‘collateral heirs of the first or adopts a tribal probate code under sub- involved may acquire such interest by pay- second degree’ means the brothers, sisters, section (a) shall submit that code to the Sec- ing to the Secretary the fair market value of aunts, uncles, nieces, nephews, and first retary for review. Not later than 180 days such interest, as determined by the Sec- cousins, of a decedent. after a tribal probate code is submitted to retary on the date of the decedent’s death. ‘‘(4) DESCENT TO TRIBE.—If the remainder the Secretary under this paragraph, the Sec- The Secretary shall transfer such payment interest described in paragraph (3)(A) does retary shall review and approve or dis- to the devisee. not descend to an Indian heir or heirs it shall approve that tribal probate code. ‘‘(2) LIMITATION.— descend to the Indian tribe that exercises ju- ‘‘(B) CONSEQUENCE OF FAILURES TO APPROVE ‘‘(A) IN GENERAL.—Paragraph (1) shall not risdiction over the parcel of trust or re- OR DISAPPROVE A TRIBAL PROBATE CODE.—If apply to an interest in trust or restricted stricted lands involved, subject to paragraph the Secretary fails to approve or disapprove land if, while the decedent’s estate is pend- (5). a tribal probate code submitted for review ing before the Secretary, the non-Indian dev- ‘‘(5) ACQUISITION OF INTEREST BY INDIAN CO- under subparagraph (A) by the date specified isee renounces the interest in favor of an In- OWNERS.—An Indian co-owner of a parcel of in that subparagraph, the tribal probate code dian person. trust or restricted land may prevent the de- shall be deemed to have been approved by ‘‘(B) RESERVATION OF LIFE ESTATE.—A non- scent of an interest in Indian land to an In- the Secretary, but only to the extent that Indian devisee described in subparagraph (A) dian tribe under paragraph (4) by paying into the tribal probate code is consistent with or a non-Indian devisee described in section the decedent’s estate the fair market value Federal law and promotes the policies set 207(a)(6)(B), may retain a life estate in the of the interest in such land. If more than 1 forth in section 102 of the Indian Land Con- interest involved, including a life estate to Indian co-owner offers to pay for such an in- solidation Act Amendments of 2000. the revenue produced from the interest. The terest, the highest bidder shall obtain the in- ‘‘(C) CONSISTENCY OF TRIBAL PROBATE CODE amount of any payment required under para- terest. If payment is not received before the WITH ACT.—The Secretary may not approve a graph (1) shall be reduced to reflect the value close of the probate of the decedent’s estate, tribal probate code, or any amendment to of any life estate reserved by a non-Indian the interest shall descend to the tribe that such a code, under this paragraph unless the devisee under this subparagraph. exercises jurisdiction over the parcel. Secretary determines that the tribal probate ‘‘(3) PAYMENTS.—With respect to payments ‘‘(6) SPECIAL RULE.— code promotes the policies set forth in sec- by an Indian tribe under paragraph (1), the ‘‘(A) IN GENERAL.—Notwithstanding para- tion 102 of the Indian Land Consolidation Secretary shall— graph (2), an owner of trust or restricted land Act Amendments of 2000. ‘‘(A) upon the request of the tribe, allow a who does not have an Indian spouse, Indian ‘‘(D) EXPLANATION.—If the Secretary dis- reasonable period of time, not to exceed 2 lineal descendant, an Indian heir of the first approves a tribal probate code, or an amend- years, for the tribe to make payments of or second degree, or an Indian collateral heir ment to such a code, under this paragraph, amounts due pursuant to paragraph (1); or of the first or second degree, may devise his the Secretary shall include in the notice of ‘‘(B) recognize alternative agreed upon ex- or her interests in such land to any of the de- disapproval to the Indian tribe a written ex- changes of consideration or extended pay- cedent’s heirs of the first or second degree or planation of the reasons for the disapproval. ment terms between the non-Indian devisee collateral heirs of the first or second degree. ‘‘(E) AMENDMENTS.— described in paragraph (1) and the tribe in ‘‘(B) ACQUISITION OF INTEREST BY TRIBE.— ‘‘(i) IN GENERAL.—Each Indian tribe that satisfaction of the payment under paragraph An Indian tribe that exercises jurisdiction amends a tribal probate code under this (1). over an interest in trust or restricted land paragraph shall submit the amendment to ‘‘(d) USE OF PROPOSED FINDINGS BY TRIBAL described in subparagraph (A) may acquire the Secretary for review and approval. Not JUSTICE SYSTEMS.— any interest devised to a non-Indian as pro- later than 60 days after receiving an amend- ‘‘(1) TRIBAL JUSTICE SYSTEM DEFINED.—In vided for in section 206(c). ment under this subparagraph, the Secretary this subsection, the term ‘tribal justice sys- ‘‘(b) INTESTATE SUCCESSION.— shall review and approve or disapprove the tem’ has the meaning given that term in sec- ‘‘(1) IN GENERAL.—An interest in trust or amendment. tion 3 of the Indian Tribal Justice Act (25 restricted land shall pass by intestate suc- ‘‘(ii) CONSEQUENCE OF FAILURE TO APPROVE U.S.C. 3602). cession only to a decedent’s spouse or heirs OR DISAPPROVE AN AMENDMENT.—If the Sec- ‘‘(2) REGULATIONS.—The Secretary by regu- of the first or second degree, pursuant to the retary fails to approve or disapprove an lation may provide for the use of findings of applicable law of intestate succession. amendment submitted under clause (i), the fact and conclusions of law, as rendered by a ‘‘(2) LIFE ESTATE.—Notwithstanding para- amendment shall be deemed to have been ap- tribal justice system, as proposed findings of graph (1), with respect to land described in proved by the Secretary, but only to the ex- fact and conclusions of law in the adjudica- such paragraph, a non-Indian spouse or non- tent that the amendment is consistent with tion of probate proceedings by the Depart- Indian heirs of the first or second degree Federal law and promotes the policies set ment of the Interior.’’; shall only receive a life estate in such land.

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00129 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.004 S26JY0 16412 CONGRESSIONAL RECORD—SENATE July 26, 2000

‘‘(3) DESCENT OF INTERESTS.—If a decedent ‘‘(B) the boundaries of any Indian tribe’s ‘‘(4) CERTIFICATION.—After providing notice described in paragraph (1) has no Indian current or former reservation; or under this subsection, the Secretary shall heirs of the first or second degree, the re- ‘‘(C) any area where the Secretary is re- certify that the requirements of this sub- mainder interest from the life estate referred quired to provide special assistance or con- section have been met and shall publish no- to in paragraph (2) shall descend to any of sideration of a tribe’s acquisition of land or tice of such certification in the Federal Reg- the decedent’s collateral Indian heirs of the interests in land. ister. first or second degree, pursuant to the appli- ‘‘(2) DESCENT.—Except in the State of Cali- ‘‘(5) EFFECTIVE DATE.—The provisions of cable laws of intestate succession, if on the fornia, upon the death of an individual hold- this section shall not apply to the estate of date of the decedent’s death, such heirs were ing an interest in trust or restricted lands an individual who dies prior to the day that a co-owner of an interest in the parcel of that are located outside the boundaries of an is 365 days after the Secretary makes the trust or restricted land involved. Indian reservation and that are not subject certification required under paragraph (4).’’; ‘‘(4) DESCENT TO TRIBE.—If the remainder to the jurisdiction of any Indian tribe, that (5) in section 208, by striking ‘‘section 206’’ interest described in paragraph (3) does not interest shall descend either— and inserting ‘‘subsections (a) and (b) of sec- descend to an Indian heir or heirs it shall de- ‘‘(A) by testate or intestate succession in tion 206’’; and scend to the Indian tribe that exercises juris- trust to an Indian; or (6) by adding at the end the following: diction over the parcel of trust or restricted ‘‘(B) in fee status to any other devises or lands involved, subject to paragraph (5). heirs. ‘‘SEC. 213. PILOT PROGRAM FOR THE ACQUISI- TION OF FRACTIONAL INTERESTS. ‘‘(5) ACQUISITION OF INTEREST BY INDIAN CO- ‘‘(e) APPROVAL OF AGREEMENTS.—The offi- OWNERS.—An Indian co-owner of a parcel of cial authorized to adjudicate the probate of ‘‘(a) ACQUISITION BY SECRETARY.— trust or restricted land may prevent the de- trust or restricted lands shall have the au- ‘‘(1) IN GENERAL.—The Secretary may ac- scent of an interest in such land for which thority to approve agreements between a de- quire, at the discretion of the Secretary and there is no heir of the first or second degree cedent’s heirs and devisees to consolidate in- with the consent of the owner, and at fair by paying into the decedent’s estate the fair terests in trust or restricted lands. The market value, any fractional interest in market value of the interest in such land. If agreements referred to in the preceding sen- trust or restricted lands. more than 1 Indian co-owner makes an offer tence may include trust or restricted lands ‘‘(2) AUTHORITY OF SECRETARY.— to pay for such an interest, the highest bid- that are not a part of the decedent’s estate ‘‘(A) IN GENERAL.—The Secretary shall der shall obtain the interest. If no such offer that is the subject of the probate. The Sec- have the authority to acquire interests in is made, the interest shall descend to the In- retary may promulgate regulations for the trust or restricted lands under this section dian tribe that exercises jurisdiction over implementation of this subsection. during the 3-year period beginning on the the parcel of land involved. ‘‘(f) ESTATE PLANNING ASSISTANCE.— date of certification that is referred to in ‘‘(c) JOINT TENANCY; RIGHT OF SURVIVOR- ‘‘(1) IN GENERAL.—The Secretary shall pro- section 207(g)(5). SHIP.— vide estate planning assistance in accord- ‘‘(B) REQUIRED REPORT.—Prior to expira- ‘‘(1) TESTATE.—If a testator devises inter- ance with this subsection, to the extent tion of the authority provided for in subpara- ests in the same parcel of trust or restricted amounts are appropriated for such purpose. graph (A), the Secretary shall submit the re- lands to more than 1 person, in the absence ‘‘(2) REQUIREMENTS.—The estate planning port required under section 218 concerning of express language in the devise to the con- assistance provided under paragraph (1) shall whether the program to acquire fractional trary, the devise shall be presumed to create be designed to— joint tenancy with the right of survivorship interests should be extended or altered to in the land involved. ‘‘(A) inform, advise, and assist Indian land- make resources available to Indian tribes owners with respect to estate planning in and individual Indian landowners. ‘‘(2) INTESTATE.— order to facilitate the transfer of trust or re- ‘‘(3) INTERESTS HELD IN TRUST.—Subject to ‘‘(A) IN GENERAL.—Any interest in trust or restricted land that— stricted lands to a devisee or devisees se- section 214, the Secretary shall immediately ‘‘(i) passes by intestate succession to more lected by the landowners; and hold interests acquired under this Act in than 1 person, including a remainder interest ‘‘(B) assist Indian landowners in accessing trust for the recognized tribal government under subsection (a) or (b) of section 207; and information pursuant to section 217(e). that exercises jurisdiction over the land in- ‘‘(ii) that constitutes 5 percent or more of ‘‘(3) CONTRACTS.—In carrying out this sec- volved. tion, the Secretary may enter into contracts the undivided interest in a parcel of trust or ‘‘(b) REQUIREMENTS.—In implementing sub- with entities that have expertise in Indian restricted land; section (a), the Secretary— estate planning and tribal probate codes. shall be held as tenancy in common. ‘‘(1) shall promote the policies provided for ‘‘(g) NOTIFICATION TO INDIAN TRIBES AND ‘‘(B) LIMITED INTEREST.—Any interest in in section 102 of the Indian Land Consolida- OWNERS OF TRUST OR RESTRICTED LANDS.— trust or restricted land that— tion Act Amendments of 2000; ‘‘(1) IN GENERAL.—Not later than 180 days ‘‘(i) passes by intestate succession to more ‘‘(2) may give priority to the acquisition of after the date of enactment of the Indian than 1 person, including a remainder interest fractional interests representing 2 percent or Land Consolidation Act Amendments of 2000, under subsection (a) or (b) of section 207; and less of a parcel of trust or restricted land, es- the Secretary shall notify Indian tribes and ‘‘(ii) that constitutes less than 5 percent of pecially those interests that would have owners of trust or restricted lands of the the undivided interest in a parcel of trust or escheated to a tribe but for the Supreme amendments made by the Indian Land Con- restricted land; Court’s decision in Babbitt v. Youpee, (117 S solidation Act Amendments of 2000. shall be held by such heirs with the right of Ct. 727 (1997)); ‘‘(2) SPECIFICATIONS.—The notice required survivorship. ‘‘(3) to the extent practicable— under paragraph (1) shall be designed to in- ‘‘(3) EFFECTIVE DATE.— ‘‘(A) shall consult with the tribal govern- form Indian owners of trust or restricted ‘‘(A) IN GENERAL.—This subsection (other ment that exercises jurisdiction over the land of— than subparagraph (B)) shall become effec- land involved in determining which tracts to ‘‘(A) the effect of this Act, with emphasis tive on the later of— acquire on a reservation; on the effect of the provisions of this section, ‘‘(i) the date referred to in subsection ‘‘(B) shall coordinate the acquisition ac- on the testate disposition and intestate de- (g)(5); or tivities with the acquisition program of the scent of their interests in trust or restricted ‘‘(ii) the date that is six months after the tribal government that exercises jurisdiction land; and date on which the Secretary makes the cer- over the land involved, including a tribal ‘‘(B) estate planning options available to tification required under subparagraph (B). land consolidation plan approved pursuant to the owners, including any opportunities for ‘‘(B) CERTIFICATION.—Upon a determina- section 204; and receiving estate planning assistance or ad- tion by the Secretary that the Department ‘‘(C) may enter into agreements (such vice. of the Interior has the capacity, including agreements will not be subject to the provi- ‘‘(3) REQUIREMENTS.—The Secretary shall policies and procedures, to track and manage sions of the Indian Self-Determination and provide the notice required under paragraph interests in trust or restricted land held with Education Assistance Act of 1974) with the (1)— the right of survivorship, the Secretary shall tribal government that exercises jurisdiction ‘‘(A) by direct mail for those Indians with certify such determination and publish such over the land involved or a subordinate enti- interests in trust and restricted lands for certification in the Federal Register. ty of the tribal government to carry out ‘‘(d) DESCENT OF OFF-RESERVATION which the Secretary has an address for the some or all of the Secretary’s land acquisi- LANDS.— interest holder; tion program; and ‘‘(1) INDIAN RESERVATION DEFINED.—For ‘‘(B) through the Federal Register; ‘‘(4) shall minimize the administrative purposes of this subsection, the term ‘Indian ‘‘(C) through local newspapers in areas costs associated with the land acquisition reservation’ includes lands located within— with significant Indian populations, reserva- program. ‘‘(A)(i) Oklahoma; and tion newspapers, and newspapers that are di- ‘‘(ii) the boundaries of an Indian tribe’s rected at an Indian audience; and ‘‘(c) SALE OF INTEREST TO INDIAN LAND- former reservation (as defined and deter- ‘‘(D) through any other means determined OWNERS.— mined by the Secretary); appropriate by the Secretary. ‘‘(1) CONVEYANCE AT REQUEST.—

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00130 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.004 S26JY0 July 26, 2000 CONGRESSIONAL RECORD—SENATE 16413

‘‘(A) IN GENERAL.—At the request of any ‘‘(i) the costs of administering the interest ‘‘(1) involving individual Indians; Indian who owns at least 5 percent of the un- will equal or exceed the projected revenues ‘‘(2) between Indians and the tribal govern- divided interest in a parcel of trust or re- for the parcel involved; ment that exercises jurisdiction over the stricted land, the Secretary shall convey an ‘‘(ii) in the discretion of the Secretary, it land; or interest acquired under this section to the will take an unreasonable period of time for ‘‘(3) between individuals who own an inter- Indian landowner upon payment by the In- the parcel to generate revenue that equals est in trust and restricted land who wish to dian landowner of the amount paid for the the purchase price paid for the interest; or convey that interest to an Indian or the trib- interest by the Secretary. ‘‘(iii) a subsequent decrease in the value of al government that exercises jurisdiction ‘‘(B) LIMITATION.—With respect to a con- land or commodities associated with the over the parcel of land involved; veyance under this subsection, the Secretary land make it likely that the interest will be in a manner consistent with the policy of shall not approve an application to termi- unable to generate revenue that equals the maintaining the trust status of allotted nate the trust status or remove the restric- purchase price paid for the interest in a rea- lands. Nothing in this section shall be con- tions of such an interest. sonable time; or strued to apply to or to authorize the sale of ‘‘(2) MULTIPLE OWNERS.—If more than one ‘‘(B) an amount equal to the purchase price trust or restricted lands to a person who is Indian owner requests an interest under (1), of that interest in land has been paid into not an Indian. the Secretary shall convey the interest to the Acquisition Fund created under section ‘‘(b) SALES, EXCHANGES AND GIFT DEEDS the Indian owner who owns the largest per- 216. BETWEEN INDIANS AND BETWEEN INDIANS AND centage of the undivided interest in the par- ‘‘(c) TRIBE NOT TREATED AS PARTY TO INDIAN TRIBES.— cel of trust or restricted land involved. LEASE; NO EFFECT ON TRIBAL SOVEREIGNTY, ‘‘(1) IN GENERAL.— ‘‘(3) LIMITATION.—If an Indian tribe that IMMUNITY.— ‘‘(A) ESTIMATE OF VALUE.—Notwith- has jurisdiction over a parcel of trust or re- ‘‘(1) IN GENERAL.—Paragraph (2) shall apply standing any other provision of law and only stricted land owns 10 percent or more of the with respect to any undivided interest in al- after the Indian selling, exchanging, or con- undivided interests in a parcel of such land, lotted land held by the Secretary in trust for veying by gift deed for no or nominal consid- such interest may only be acquired under a tribe if a lease or agreement under sub- eration an interest in land, has been pro- paragraph (1) with the consent of such Indian section (a) is otherwise applicable to such vided with an estimate of the value of the in- tribe. undivided interest by reason of this section terest of the Indian pursuant to this sec- even though the Indian tribe did not consent tion— ‘‘SEC. 214. ADMINISTRATION OF ACQUIRED FRAC- to the lease or agreement. TIONAL INTERESTS, DISPOSITION OF ‘‘(i) the sale or exchange or conveyance of ‘‘(2) APPLICATION OF LEASE.—The lease or PROCEEDS. an interest in trust or restricted land may be agreement described in paragraph (1) shall ‘‘(a) IN GENERAL.—Subject to the condi- made for an amount that is less than the fair apply to the portion of the undivided inter- tions described in subsection (b)(1), an Indian market value of that interest; and est in allotted land described in such para- tribe receiving a fractional interest under ‘‘(ii) the approval of a transaction that is graph (including entitlement of the Indian section 213 may, as a tenant in common with in compliance with this section shall not tribe to payment under the lease or agree- the other owners of the trust or restricted constitute a breach of trust by the Sec- ment), and the Indian tribe shall not be lands, lease the interest, sell the resources, retary. treated as being a party to the lease or ‘‘(B) WAIVER OF REQUIREMENT.—The re- consent to the granting of rights-of-way, or agreement. Nothing in this section (or in the engage in any other transaction affecting lease or agreement) shall be construed to af- quirement for an estimate of value under the trust or restricted land authorized by fect the sovereignty of the Indian tribe. subparagraph (A) may be waived in writing law. by an Indian selling, exchanging, or con- ‘‘SEC. 215. ESTABLISHING FAIR MARKET VALUE. ‘‘(b) CONDITIONS.— veying by gift deed for no or nominal consid- ‘‘For purposes of this Act, the Secretary N GENERAL.—The conditions described ‘‘(1) I may develop a system for establishing the eration an interest in land with an Indian in this paragraph are as follows: fair market value of various types of lands person who is the owner’s spouse, brother, ‘‘(A) Until the purchase price paid by the and improvements. Such a system may in- sister, lineal ancestor of Indian blood, lineal Secretary for an interest referred to in sub- clude determinations of fair market value descendant, or collateral heir. section (a) has been recovered, or until the based on appropriate geographic units as de- ‘‘(2) LIMITATION.—For a period of 5 years Secretary makes any of the findings under termined by the Secretary. Such system may after the Secretary approves a conveyance paragraph (2)(A), any lease, resource sale govern the amounts offered for the purchase pursuant to this subsection, the Secretary contract, right-of-way, or other document of interests in trust or restricted lands under shall not approve an application to termi- evidencing a transaction affecting the inter- section 213. nate the trust status or remove the restric- est shall contain a clause providing that all ‘‘SEC. 216. ACQUISITION FUND. tions of such an interest. revenue derived from the interest shall be ‘‘(a) IN GENERAL.—The Secretary shall es- ‘‘(c) ACQUISITION OF INTEREST BY SEC- paid to the Secretary. tablish an Acquisition Fund to— RETARY.—An Indian, or the recognized tribal ‘‘(B) Subject to subparagraph (C), the Sec- ‘‘(1) disburse appropriations authorized to government of a reservation, in possession of retary shall deposit any revenue derived accomplish the purposes of section 213; and an interest in trust or restricted lands, at under subparagraph (A) into the Acquisition ‘‘(2) collect all revenues received from the least a portion of which is in trust or re- Fund created under section 216. lease, permit, or sale of resources from inter- stricted status on the date of enactment of ‘‘(C) The Secretary shall deposit any rev- ests in trust or restricted lands transferred the Indian Land Consolidation Act Amend- enue that is paid under subparagraph (A) to Indian tribes by the Secretary under sec- ments of 2000 and located within a reserva- that is in excess of the purchase price of the tion 213 or paid by Indian landowners under tion, may request that the interest be taken fractional interest involved to the credit of section 213(c). into trust by the Secretary. Upon such a re- the Indian tribe that receives the fractional ‘‘(b) DEPOSITS; USE.— quest, the Secretary shall forthwith take interest under section 213 and the tribe shall ‘‘(1) IN GENERAL.—Subject to paragraph (2), such interest into trust. have access to such funds in the same man- all proceeds from leases, permits, or resource ‘‘(d) STATUS OF LANDS.—The sale, ex- ner as other funds paid to the Secretary for sales derived from an interest in trust or re- change, or conveyance by gift deed for no or the use of lands held in trust for the tribe. stricted lands described in subsection (a)(2) nominal consideration of an interest in trust ‘‘(D) Notwithstanding any other provision shall— or restricted land under this section shall of law, including section 16 of the Act of ‘‘(A) be deposited in the Acquisition Fund; not affect the status of that land as trust or June 18, 1934 (commonly referred to as the and restricted land. ‘Indian Reorganization Act’) (48 Stat. 987, ‘‘(B) as specified in advance in appropria- ‘‘(e) LAND OWNERSHIP INFORMATION.—Not- chapter 576; 25 U.S.C. 476), with respect to tions Acts, be available for the purpose of ac- withstanding any other provision of law, the any interest acquired by the Secretary under quiring additional fractional interests in names and mailing addresses of the Indian section 213, the Secretary may approve a trust or restricted lands. owners of trust or restricted lands, and infor- transaction covered under this section on be- ‘‘(2) MAXIMUM DEPOSITS OF PROCEEDS.— mation on the location of the parcel and the half of a tribe until— With respect to the deposit of proceeds de- percentage of undivided interest owned by ‘‘(i) the Secretary makes any of the find- rived from an interest under paragraph (1), each individual, or of any interest in trust or ings under paragraph (2)(A); or the aggregate amount deposited under that restricted lands, shall, upon written request, ‘‘(ii) an amount equal to the purchase price paragraph shall not exceed the purchase be made available to— of that interest has been paid into the Acqui- price of that interest under section 213. ‘‘(1) other Indian owners of interests in sition Fund created under section 216. ‘‘SEC. 217. TRUST AND RESTRICTED LAND TRANS- trust or restricted lands within the same res- ‘‘(2) EXCEPTION.—Paragraph (1)(A) shall not ACTIONS. ervation; apply to any revenue derived from an inter- ‘‘(a) POLICY.—It is the policy of the United ‘‘(2) the tribe that exercises jurisdiction est in a parcel of land acquired by the Sec- States to encourage and assist the consolida- over the land where the parcel is located or retary under section 213 after— tion of land ownership through trans- any person who is eligible for membership in ‘‘(A) the Secretary makes a finding that— actions— that tribe; and

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00131 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.004 S26JY0 16414 CONGRESSIONAL RECORD—SENATE July 26, 2000

‘‘(3) prospective applicants for the leasing, ‘‘(2) DETERMINATION OF OWNERS.— owner under that paragraph shall be deter- use, or consolidation of such trust or re- ‘‘(A) IN GENERAL.—For purposes of this sub- mined in accordance with the portion of the stricted land or the interest in trust or re- section, in determining the number of own- undivided interest in the allotted land cov- stricted lands. ers of, and their interests in, the undivided ered under the lease or agreement that is ‘‘(f) NOTICE TO INDIAN TRIBE.—After the ex- interest in the allotted land with respect to owned by that owner. piration of the limitation period provided for a lease or agreement, the Secretary shall ‘‘(f) RULE OF CONSTRUCTION.—Nothing in in subsection (b)(2) and prior to considering make such determination based on the this section shall be construed to amend or an Indian application to terminate the trust records of the Department of the Interior modify the provisions of Public Law 105-188 status or to remove the restrictions on alien- that identify the owners of such lands and (25 U.S.C. 396 note), the American Indian Ag- ation from trust or restricted land sold, ex- their interests and the number of owners of ricultural Resources Management Act (25 changed or otherwise conveyed under this such land on the date on which the lease or U.S.C. 3701 et seq.), title II of the Indian section, the Indian tribe that exercises juris- agreement involved is submitted to the Sec- Land Consolidation Act Amendments of 2000, diction over the parcel of such land shall be retary under this section. or any other Act that provides specific notified of the application and given the op- ‘‘(B) RULE OF CONSTRUCTION.—Nothing in standards for the percentage of ownership in- portunity to match the purchase price that subparagraph (A) shall be construed to au- terest that must approve a lease or agree- has been offered for the trust or restricted thorize the Secretary to treat an Indian ment on a specified reservation. land involved. tribe as the owner of an interest in allotted ‘‘SEC. 220. APPLICATION TO ALASKA. ‘‘SEC. 218. REPORTS TO CONGRESS. land that did not escheat to the tribe pursu- ‘‘(a) FINDINGS.—Congress find that— ‘‘(a) IN GENERAL.—Prior to expiration of ant to section 207 as a result of the Supreme ‘‘(1) numerous academic and governmental the authority provided for in section Court’s decision in Babbitt v. Youpee, (117 S organizations have studied the nature and 213(a)(2)(A), the Secretary, after consultation Ct. 727 (1997)). extent of fractionated ownership of Indian with Indian tribes and other interested par- ‘‘(c) AUTHORITY OF SECRETARY TO SIGN land outside of Alaska and have proposed so- ties, shall submit to the Committee on In- LEASE OR AGREEMENT ON BEHALF OF CERTAIN lutions to this problem; and dian Affairs and the Committee on Energy OWNERS.—The Secretary may give written ‘‘(2) despite these studies, there has not and Natural Resources of the Senate and the consent to a lease or agreement under sub- been a comparable effort to analyze the prob- Committee on Resources of the House of section (a)— lem, if any, of fractionated ownership in Representatives a report that indicates, for ‘‘(1) on behalf of the individual Indian Alaska. the period covered by the report— owner if the owner is deceased and the heirs ‘‘(b) APPLICATION OF ACT TO ALASKA.—Ex- ‘‘(1) the number of fractional interests in to, or devisees of, the interest of the de- cept as provided in this section, this Act trust or restricted lands acquired; and shall not apply to land located within Alas- ceased owner have not been determined; or ‘‘(2) the impact of the resulting reduction ka. ‘‘(2) on behalf of any heir or devisee re- in the number of such fractional interests on ‘‘(c) RULE OF CONSTRUCTION.—Nothing in ferred to in paragraph (1) if the heir or devi- the financial and realty recordkeeping sys- this section shall be construed to constitute see has been determined but cannot be lo- tems of the Bureau of Indian Affairs. a ratification of any determination by any cated ‘‘(b) REPORT.—The reports described in agency, instrumentality, or court of the subsection (a) and section 213(a) shall con- ‘‘(d) EFFECT OF APPROVAL.— United States that may support the asser- tain findings as to whether the program ‘‘(1) APPLICATION TO ALL PARTIES.— tion of tribal jurisdiction over allotment under this Act to acquire fractional interests ‘‘(A) IN GENERAL.—Subject to paragraph lands or interests in such land in Alaska.’’. in trust or restricted lands should be ex- (2), a lease or agreement approved by the SEC. 104. JUDICIAL REVIEW. tended and whether such program should be Secretary under subsection (a) shall be bind- Notwithstanding section 207(g)(5) of the In- altered to make resources available to In- ing on the parties described in subparagraph dian Land Consolidation Act (25 U.S.C. dian tribes and individual Indian landowners. (B), to the same extent as if all of the owners 2206(f)(5)), after the Secretary of Interior pro- ‘‘SEC. 219. APPROVAL OF LEASES, RIGHTS-OF- of the undivided interest in allotted land vides the certification required under section WAY, AND SALES OF NATURAL RE- covered under the lease or agreement con- 207(g)(4) of such Act, the owner of an interest SOURCES. sented to the lease or agreement. in trust or restricted land may bring an ad- ‘‘(a) APPROVAL BY THE SECRETARY.— ‘‘(B) DESCRIPTION OF PARTIES.—The parties ministrative action to challenge the applica- ‘‘(1) IN GENERAL.—Notwithstanding any referred to in subparagraph (A) are— tion of such section 207 to the devise or de- other provision of law, the Secretary may ‘‘(i) the owners of the undivided interest in scent of his or her interest or interests in approve any lease or agreement that affects the allotted land covered under the lease or trust or restricted lands, and may seek judi- individually owned allotted land or any agreement referred to in such subparagraph; cial review of the final decision of the Sec- other land held in trust or restricted status and retary of Interior with respect to such chal- by the Secretary on behalf of an Indian, if— ‘‘(ii) all other parties to the lease or agree- lenge. ‘‘(A) the owners of not less than the appli- ment. SEC. 105. AUTHORIZATION OF APPROPRIATIONS. cable percentage (determined under sub- ‘‘(2) TRIBE NOT TREATED AS PARTY TO LEASE; There are authorized to be appropriated section (b)) of the undivided interest in the NO EFFECT ON TRIBAL SOVEREIGNTY, IMMU- not to exceed $8,000,000 for fiscal year 2001 allotted land that is covered by the lease or NITY.— and each subsequent fiscal year to carry out agreement consent in writing to the lease or ‘‘(A) IN GENERAL.—Subparagraph (B) shall the provisions of this title (and the amend- agreement; and apply with respect to any undivided interest ments made by this title) that are not other- ‘‘(B) the Secretary determines that approv- in allotted land held by the Secretary in wise funded under the authority provided for ing the lease or agreement is in the best in- trust for a tribe if a lease or agreement in any other provision of Federal law. terest of the owners of the undivided interest under subsection (a) is otherwise applicable SEC. 106. CONFORMING AMENDMENTS. in the allotted land. to such undivided interest by reason of this (a) PATENTS HELD IN TRUST.—The Act of ‘‘(2) RULE OF CONSTRUCTION.—Nothing in section even though the Indian tribe did not February 8, 1887 (24 Stat. 388) is amended— this section shall be construed to apply to consent to the lease or agreement. (1) by repealing sections 1, 2, and 3 (25 leases involving coal or uranium. ‘‘(B) APPLICATION OF LEASE.—The lease or U.S.C. 331, 332, and 333); and ‘‘(3) DEFINITION.—In this section, the term agreement described in subparagraph (A) (2) in the second proviso of section 5 (25 ‘allotted land’ includes any land held in shall apply to the portion of the undivided U.S.C. 348)— trust or restricted status by the Secretary interest in allotted land described in such (A) by striking ‘‘and partition’’; and on behalf of one or more Indians. paragraph (including entitlement of the In- (B) by striking ‘‘except’’ and inserting ‘‘ex- ‘‘(b) APPLICABLE PERCENTAGE.— dian tribe to payment under the lease or cept as provided by the Indian Land Consoli- ‘‘(1) PERCENTAGE INTEREST.—The applicable agreement), and the Indian tribe shall not be dation Act or a tribal probate code approved percentage referred to in subsection (a)(1) treated as being a party to the lease or under such Act and except’’. shall be determined as follows: agreement. Nothing in this section (or in the (b) ASCERTAINMENT OF HEIRS AND DISPOSAL ‘‘(A) If there are 5 or fewer owners of the lease or agreement) shall be construed to af- OF ALLOTMENTS.—The Act of June 25, 1910 (36 undivided interest in the allotted land, the fect the sovereignty of the Indian tribe. Stat. 855) is amended— applicable percentage shall be 100 percent. ‘‘(e) DISTRIBUTION OF PROCEEDS.— (1) in the first sentence of section 1 (25 ‘‘(B) If there are more than 5 such owners, ‘‘(1) IN GENERAL.—The proceeds derived U.S.C. 372), by striking ‘‘under’’ and insert- but fewer than 11 such owners, the applicable from a lease or agreement that is approved ing ‘‘under the Indian Land Consolidation percentage shall be 80 percent. by the Secretary under subsection (a) shall Act or a tribal probate code approved under ‘‘(C) If there are more than 10 such owners, be distributed to all owners of undivided in- such Act and pursuant to’’; and but fewer than 20 such owners, the applicable terest in the allotted land covered under the (2) in the first sentence of section 2 (25 percentage shall be 60 percent. lease or agreement. U.S.C. 373), by striking ‘‘with regulations’’ ‘‘(D) If there are 20 or more such owners, ‘‘(2) DETERMINATION OF AMOUNTS DISTRIB- and inserting ‘‘with the Indian Land Consoli- the applicable percentage shall be a majority UTED.—The amount of the proceeds under dation Act or a tribal probate code approved of the interests in the allotted land. paragraph (1) that are distributed to each under such Act and regulations’’.

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00132 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.004 S26JY0 July 26, 2000 CONGRESSIONAL RECORD—SENATE 16415 (c) TRANSFER OF LANDS.—Section 4 of the proved by the Secretary under paragraph (1) AUTHORITY FOR UNITED STATES Act of June 18, 1934 (25 U.S.C. 464) is amended shall be binding on the parties described in POSTAL SERVICE TO ISSUE by striking ‘‘member or:’’ and inserting clause (ii), to the same extent as if all of the SEMIPOSTALS ‘‘member or, except as provided by the In- owners of the undivided interest in Navajo dian Land Consolidation Act,’’. Indian allotted land covered under the lease Mr. DEWINE. Mr. President, I ask TITLE II—LEASES OF NAVAJO INDIAN or agreement consented to the lease or unanimous consent that the Senate ALLOTTED LANDS agreement. now proceed to the consideration of SEC. 201. LEASES OF NAVAJO INDIAN ALLOTTED (ii) DESCRIPTION OF PARTIES.—The parties H.R. 4437, which is at the desk. LANDS. referred to in clause (i) are— The PRESIDING OFFICER. The (a) DEFINITIONS.—In this section: (I) the owners of the undivided interest in clerk will report the bill by title. the Navajo Indian allotted land covered (1) INDIAN TRIBE.—The term ‘‘Indian tribe’’ The legislative clerk read as follows: has the meaning given the term in section under the lease or agreement referred to in 4(e) of the Indian Self-Determination and clause (i); and A bill (H.R. 4437) to grant to the United Education Assistance Act (25 U.S.C. 450b(e)). (II) all other parties to the lease or agree- States Postal Service the authority to issue (2) INDIVIDUALLY OWNED NAVAJO INDIAN AL- ment. semipostals, and for other purposes. LOTTED LAND.—The term ‘‘individually (B) EFFECT ON INDIAN TRIBE.—If— There being no objection, the Senate owned Navajo Indian allotted land’’ means (i) an Indian tribe is the owner of a portion proceeded to consider the bill. of an undivided interest in Navajo Indian al- Navajo Indian allotted land that is owned in Mr. DEWINE. Mr. President, I ask lotted land; and whole or in part by 1 or more individuals. unanimous consent that the bill be (3) NAVAJO INDIAN.—The term ‘‘Navajo In- (ii) an oil or gas lease or agreement under dian’’ means a member of the Navajo Nation. paragraph (1) is otherwise applicable to such read the third time and passed, the mo- (4) NAVAJO INDIAN ALLOTTED LAND.—The portion by reason of this subsection even tion to reconsider be laid upon the term ‘‘Navajo Indian allotted land’’ means a though the Indian tribe did not consent to table, and that any statements relating single parcel of land that— the lease or agreement, to the bill be printed in the RECORD. (A) is located within the jurisdiction of the then the lease or agreement shall apply to The PRESIDING OFFICER. Without Navajo Nation; and such portion of the undivided interest (in- objection, it is so ordered. (B)(i) is held in trust or restricted status cluding entitlement of the Indian tribe to The bill (H.R. 4437) was read the third by the United States for the benefit of Nav- payment under the lease or agreement), but time and passed. ajo Indians or members of another Indian the Indian tribe shall not be treated as a tribe; and party to the lease or agreement and nothing f (ii) was— in this subsection (or in the lease or agree- INDIAN SELF-DETERMINATION (I) allotted to a Navajo Indian; or ment) shall be construed to affect the sov- AND EDUCATION ASSISTANCE ACT (II) taken into trust or restricted status by ereignty of the Indian tribe. the United States for a Navajo Indian. (5) DISTRIBUTION OF PROCEEDS.— Mr. DEWINE. Mr. President, I ask (5) OWNER.—The term ‘‘owner’’ means, in (A) IN GENERAL.—The proceeds derived unanimous consent that the Chair lay the case of any interest in land described in from an oil or gas lease or agreement that is before the Senate a message from the paragraph (4)(B)(i), the beneficial owner of approved by the Secretary under paragraph House to accompany H.R. 1167. the interest. (1) shall be distributed to all owners of the There being no objection, the Pre- undivided interest in the Navajo Indian al- (6) SECRETARY.—The term ‘‘Secretary’’ siding Officer laid before the Senate means the Secretary of the Interior. lotted land covered under the lease or agree- (b) APPROVAL BY THE SECRETARY.— ment. the following message from the House (1) IN GENERAL.—The Secretary may ap- (B) DETERMINATION OF AMOUNTS DISTRIB- of Representatives: prove an oil or gas lease or agreement that UTED.—The amount of the proceeds under Resolved, That the House agree to the affects individually owned Navajo Indian al- subparagraph (A) distributed to each owner amendment of the Senate to the bill (H.R. lotted land, if— under that subparagraph shall be determined 1167) entitled ‘‘An Act to amend the Indian (A) the owners of not less than the applica- in accordance with the portion of the undi- Self-Determination and Education Assist- ble percentage (determined under paragraph vided interest in the Navajo Indian allotted ance Act to provide for further self-govern- (2)) of the undivided interest in the Navajo land covered under the lease or agreement ance by Indian tribes, and for other pur- Indian allotted land that is covered by the that is owned by that owner. poses’’, with the following amendments: oil or gas lease or agreement consent in writ- Ω æ ø f 1 Page 14, line 12, strike (or of such other ing to the lease or agreement; and agency)¿. (B) the Secretary determines that approv- RECOGNIZING HEROES PLAZA IN Ω2æPage 15, line 1, after ‘‘functions’’ insert: so ing the lease or agreement is in the best in- THE CITY OF PUEBLO, COLORADO Ω3æPage 19, line 4, after ‘‘section 106’’ insert: terest of the owners of the undivided interest other provisions of law, in the Navajo Indian allotted land. Mr. DEWINE. Mr. President, I ask Ω4æPage 20, line 6, strike ø305¿ and insert: 505 (2) PERCENTAGE INTEREST.—The applicable unanimous consent that the Armed Ω5æPage 31, line 23, strike ømay¿ and insert: percentage referred to in paragraph (1)(A) Services Committee be discharged from is authorized to shall be determined as follows: further consideration of H. Con. Res. Ω6æPage 39, strike lines 7 through 14, and in- (A) If there are 10 or fewer owners of the 351, and the Senate then proceed to its sert the following: undivided interest in the Navajo Indian al- immediate consideration. ‘‘ ‘(g) WAGES.—All laborers and mechanics em- lotted land, the applicable percentage shall The PRESIDING OFFICER. Without ployed by contractors and subcontractors (ex- be 100 percent. cluding tribes and tribal organizations) in the (B) If there are more than 10 such owners, objection, it is so ordered. The clerk construction, alteration, or repair, including but fewer than 51 such owners, the applicable will report the resolution by title. painting or decorating of a building or other fa- percentage shall be 80 percent. The legislative clerk read as follows: cilities in connection with construction projects (C) If there are 51 or more such owners, the A concurrent resolution (H. Con. Res. 351) funded by the United States under this Act shall applicable percentage shall be 60 percent. recognizing Heroes Plaza in the City of Pueb- be paid wages at not less than those prevailing (3) AUTHORITY OF SECRETARY TO SIGN LEASE lo, Colorado, as honoring recipients of the wages on similar construction in the locality as OR AGREEMENT ON BEHALF OF CERTAIN OWN- Medal of Honor. determined by the Secretary of Labor in accord- ERS.—The Secretary may give written con- There being no objection, the Senate ance with the Davis-Bacon Act of March 3, 1931 sent to an oil or gas lease or agreement (46 Stat. 1494). With respect to construction al- under paragraph (1) on behalf of an indi- proceeded to consider the concurrent teration, or repair work to which the Act of vidual Indian owner if— resolution. March 3, 1931, is applicable under this section, (A) the owner is deceased and the heirs to, Mr. DEWINE. Mr. President, I ask the Secretary of Labor shall have the authority or devisees of, the interest of the deceased unanimous consent that the concur- and functions set forth in the Reorganization owner have not been determined; or rent resolution be agreed to, the pre- Plan numbered 14, of 1950, and section 2 of the (B) the heirs or devisees referred to in sub- amble be agreed to, the motion to re- Act of June 13, 1934 (48 Stat. 948).’’. paragraph (A) have been determined, but 1 or consider be laid upon the table, and fi- Ω7æPage 39, strike line 24 and all that follows more of the heirs or devisees cannot be lo- nally that any statements relating to through page 40, line 6, and insert the fol- cated. lowing: (4) EFFECT OF APPROVAL.— the resolution be printed in the ‘‘ ‘Regarding construction programs or (A) APPLICATION TO ALL PARTIES.— RECORD. projects, the Secretary and Indian tribes may (i) IN GENERAL.—Subject to subparagraph The PRESIDING OFFICER. Without negotiate for the inclusion of specific provisions (B), an oil or gas lease or agreement ap- objection, it is so ordered. of the Office of Federal Procurement and Policy

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00133 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.004 S26JY0 16416 CONGRESSIONAL RECORD—SENATE July 26, 2000 Act (41 U.S.C. 401 et seq.) and Federal acquisi- The PRESIDING OFFICER. The that the fugitive fled from or evaded, or at- tion regulations in any funding agreement en- clerk will report the bill by title. tempted to flee from or evade, the jurisdiction of tered into under this part. Absent a negotiated The legislative clerk read as follows: the court, or escaped from custody, in or affect- agreement, such provisions and regulatory re- ing, or using any facility of, interstate or for- quirements shall not apply.’’. A bill (S. 2516) to fund task forces to locate eign commerce, or as to whom an appropriate Ω8æPage 41, line 1, insert a comma after ‘‘Ex- and apprehend fugitives in Federal, State law enforcement officer or official of a State or ecutive orders’’. and local felony criminal cases and give ad- political subdivision has requested the Attorney Ω9æPage 49, strike lines 4 through 10. ministrative subpoena authority to the General to assist in the investigation, and the Ω10æPage 56, beginning on line 21, strike øfor United States Marshals Service, and for Attorney General finds that the particular cir- fiscal years 2000 and 2001¿. other purposes. cumstances of the request give rise to a Federal Ω11æPage 60, line 6, strike ø(a) IN GENERAL.— There being no objection, the Senate interest sufficient for the exercise of Federal ju- ¿. proceeded to consider the bill which risdiction pursuant to section 1075. Ω12æPage 60, strike lines 9 and 10. ‘‘(3) STATE.—The term ‘State’ means a State of Ω13æPage 60, strike line 16 and all that fol- had been reported from the Committee the United States, the District of Colombia, and lows through page 65, line 16. on the Judiciary, with an amendment, any commonwealth, territory, or possession of Ω14æPage 65, line 17, strike øSEC. 13.¿ and in- as follows: the United States. sert: SEC. 12. (Strike out all after the enacting Ω15æPage 66, after line 7, insert the following: ‘‘(b) SUBPOENAS AND WITNESSES.— clause and insert the part printed in ‘‘(1) SUBPOENAS.—In any investigation with ‘‘SEC. 13. EFFECTIVE DATE. italic) respect to the apprehension of a fugitive, the At- ‘‘Except as otherwise provided, the provisions S. 2516 torney General may subpoena witnesses for the of this Act shall take effect on the date of the purpose of the production of any records (in- enactment of this Act.’’. Be it enacted by the Senate and House of Rep- resentatives of the United States of America in cluding books, papers, documents, electronic INDIAN TRIBAL PURCHASES OF PRESCRIPTION Congress assembled, data, and other tangible and intangible items DRUGS IN SELF GOVERNANCE that constitute or contain evidence) that the At- Mr. HELMS. Mr. President, it would SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Fugitive Appre- torney General finds, based on articulable facts, be helpful to get a clarification for the hension Act of 2000’’. are relevant to discerning the whereabouts of RECORD from the manager of H.R. 1167, the fugitive. A subpoena under this subsection SEC. 2. FUGITIVE APPREHENSION TASK FORCES. the distinguished Chairman of the Sen- shall describe the records or items required to be (a) IN GENERAL.—The Attorney General shall, produced and prescribe a return date within a ate Committee on Indian Affairs. I un- upon consultation with appropriate Department derstand that H.R. 1167, the bill to reasonable period of time within which the of Justice and Department of the Treasury law records or items can be assembled and made amend the Indian Self-Determination enforcement components, establish permanent available. and Education Assistance Act to pro- Fugitive Apprehension Task Forces consisting of ‘‘(2) WITNESSES.—The attendance of witnesses vide for further self-governance by In- Federal, State, and local law enforcement au- and the production of records may be required dian tribes, contains a provision that thorities in designated regions of the United from any place in any State or other place sub- would allow Indian tribes to purchase States, to be directed and coordinated by the ject to the jurisdiction of the United States at United States Marshals Service, for the purpose prescription drugs from the Federal any designated place where the witness was of locating and apprehending fugitives. served with a subpoena, except that a witness Supply Schedule for the purpose of pro- (b) AUTHORIZATION OF APPROPRIATIONS.— viding health services to Indians under shall not be required to appear more than 500 There are authorized to be appropriated to the miles distant from the place where the witness contract with the Indian Health Serv- United States Marshal Service to carry out the was served. Witnesses summoned under this sec- ice. provisions of this section $30,000,000 for the fis- tion shall be paid the same fees and mileage that Mr. CAMPBELL. I would be glad to cal year 2001, $5,000,000 for fiscal year 2002, and are paid witnesses in the courts of the United clarify this matter for the distin- $5,000,000 for fiscal year 2003. States. (c) OTHER EXISTING APPLICABLE LAW.—Noth- guished Senator from North Carolina. ‘‘(c) SERVICE.— ing in this section shall be construed to limit ‘‘(1) AGENT.—A subpoena issued under this Your understanding is correct. any existing authority under any other provi- Mr. HELMS. I thank the able Sen- section may be served by any person designated sion of Federal or State law for law enforcement in the subpoena as the agent of service. ator. Moreover, I understand that the agencies to locate or apprehend fugitives committee intends that the prescrip- ‘‘(2) NATURAL PERSON.—Service upon a nat- through task forces or any other means. ural person may be made by personal delivery of tion drugs purchased off the Federal SEC. 3. ADMINISTRATIVE SUBPOENAS TO APPRE- the subpoena to that person or by certified mail Supply Schedule can only be used for HEND FUGITIVES. with return receipt requested. Indians whose health care is provided (a) IN GENERAL.—Chapter 49 of title 18, ‘‘(3) CORPORATION.—Service may be made by the tribe, and cannot be purchased United States Code, is amended by adding at the upon a domestic or foreign corporation or upon or used for resale, nor may they be dis- end the following: a partnership or other unincorporated associa- pensed to non-Indian employees of a ‘‘§ 1075. Administrative subpoenas to appre- tion that is subject to suit under a common tribe. Is that correct, Mr. Chairman? hend fugitives name, by delivering the subpoena to an officer, Mr. CAMPBELL. It is the Commit- ‘‘(a) DEFINITIONS.—In this section: to a managing or general agent, or to any other agent authorized by appointment or by law to tee’s intent that prescription drugs ‘‘(1) FUGITIVE.—The term ‘fugitive’ means a person who— receive service of process. purchased off the Federal Supply ‘‘(A) having been accused by complaint, infor- ‘‘(4) AFFIDAVIT.—The affidavit of the person Schedule, as authorized under H.R. mation, or indictment under Federal law or hav- serving the subpoena entered on a true copy 1167, are for the exclusive use of tribal ing been convicted of committing a felony under thereof by the person serving it shall be proof of members, not for non-Indian employees Federal law, flees or attempts to flee from or service. of a tribe. Furthermore, it is the intent evades or attempts to evade the jurisdiction of ‘‘(d) CONTUMACY OR REFUSAL.— of the committee that prescription the court with jurisdiction over the felony; ‘‘(1) IN GENERAL.—In the case of the contu- drugs purchased through access to the ‘‘(B) having been accused by complaint, infor- macy by or refusal to obey a subpoena issued to mation, or indictment under State law or having any person, the Attorney General may invoke Federal Supply Schedule by tribes are been convicted of committing a felony under the aid of any court of the United States within not to be resold. State law, flees or attempts to flee from, or the jurisdiction of which the investigation is Mr. DEWINE. Mr. President, I ask evades or attempts to evade, the jurisdiction of carried on or of which the subpoenaed person is unanimous consent that the Senate the court with jurisdiction over the felony; an inhabitant, or in which he carries on busi- agree to the amendments of the House. ‘‘(C) escapes from lawful Federal or State cus- ness or may be found, to compel compliance The PRESIDING OFFICER. Without tody after having been accused by complaint, with the subpoena. The court may issue an objection, it is so ordered. information, or indictment or having been con- order requiring the subpoenaed person to appear victed of committing a felony under Federal or before the Attorney General to produce records f State law; or if so ordered. FUGITIVE APPREHENSION ACT OF ‘‘(D) is in violation of subparagraph (2) or (3) ‘‘(2) CONTEMPT.—Any failure to obey the 2000 of the first undesignated paragraph of section order of the court may be punishable by the 1073. court as contempt thereof. E Mr. D WINE. Mr. President, I ask ‘‘(2) INVESTIGATION.—The term ‘investigation’ ‘‘(3) PROCESS.—All process in any case to en- unanimous consent that the Senate means, with respect to a State fugitive described force an order under this subsection may be now proceed to the consideration of in subparagraph (B) or (C) of paragraph (1), an served in any judicial district in which the per- Calendar No. 695, S. 2516. investigation in which there is reason to believe son may be found.

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00134 Fmt 0686 Sfmt 6333 E:\BR00\S26JY0.004 S26JY0 July 26, 2000 CONGRESSIONAL RECORD—SENATE 16417 ‘‘(4) RIGHTS OF SUBPOENA RECIPIENT.—Not ‘‘(iv) intimidation of potential witnesses; or Mr. THURMOND. Mr. President, I am later than 20 days after the date of service of an ‘‘(v) otherwise seriously jeopardizing an inves- very pleased that tonight the Senate is administrative subpoena under this section tigation or undue delay in trial. considering S. 2516, the Fugitive Appre- upon any person, or at any time before the re- ‘‘(h) IMMUNITY FROM CIVIL LIABILITY.—Any hension Act. Senator BIDEN and I intro- turn date specified in the subpoena, whichever person, including officers, agents, and employ- period is shorter, such person may file, in the ees, who in good faith produce the records or duced this important legislation to district within which such person resides, is items requested in a subpoena shall not be liable help address the serious threat of fed- found, or transacts business, a petition to mod- in any court of any State or the United States eral and state fugitives. The need for it ify or quash such subpoena on grounds that— to any customer or other person for such pro- was clearly demonstrated in a hearing ‘‘(A) the terms of the subpoena are unreason- duction or for nondisclosure of that production I held on this matter last month in my able or unnecessary; to the customer, in compliance with the terms of subcommittee. ‘‘(B) the subpoena fails to meet the require- a court order for nondisclosure.’’. The number of wanted persons is ments of this section; or (b) TECHNICAL AND CONFORMING AMEND- truly alarming. There are over 38,000 ‘‘(C) the subpoena violates the constitutional MENT.—The analysis for chapter 49 of title 18, United States Code, is amended by adding at the felony warrants outstanding in federal rights or any other legal rights or privilege of cases. There are over one-half million the subpoenaed party. end the following: ‘‘(e) REPORT.— ‘‘1075. Administrative subpoenas to apprehend felony or other serious fugitives listed ‘‘(1) IN GENERAL.—The Attorney General shall fugitives.’’. in the National Crime Information report in January of each year to the Commit- SEC. 4. STUDY AND REPORT OF THE USE OF AD- Center database. Yet, this is far less tees on the Judiciary of the Senate and the MINISTRATIVE SUBPOENAS. than the actual number of dangerous House of Representatives on the number of ad- Not later than December 31, 2001, the Attorney fugitives roaming the streets because ministrative subpoenas issued under this sec- General shall complete a study on the use of ad- many states do not put all dangerous tion, whether each matter involved a fugitive ministrative subpoena power by executive wanted persons into the database. As from Federal or State charges, and identifica- branch agencies or entities and shall report the findings to the Committees on the Judiciary of recently reported in the Washington tion of the agency or component of the Depart- Post, California has 2.5 million ment of Justice issuing the subpoena and impos- the Senate and the House of Representatives. ing the charges. Such report shall include— unserved felony and misdemeanor war- ‘‘(2) EXPIRATION.—The reporting requirement (1) a description of the sources of administra- rants, and Baltimore has 61,000. of this subsection shall terminate in 3 years tive subpoena power and the scope of such sub- While violent crime in the United after the date of enactment of this section. poena power within executive branch agencies; States has been decreasing in recent ‘‘(f) GUIDELINES.— (2) a description of applicable subpoena en- years, the number of serious fugitives forcement mechanisms; ‘‘(1) IN GENERAL.—The Attorney General shall has been climbing. The number of (3) a description of any notification provisions issue guidelines governing the issuance of ad- N.C.I.C. fugitives has doubled since ministrative subpoenas pursuant to this section. and any other provisions relating to safe- guarding privacy interests; 1987, and continues to rise steadily ‘‘(2) REVIEW.—The guidelines required by this (4) a description of the standards governing each year. subsection shall mandate that administrative the issuance of administrative subpoenas; and Fugitives represent not only an out- subpoenas may be issued only after review and (5) recommendations from the Attorney Gen- approval of senior supervisory personnel within rage to the rule of law, they are also a eral regarding necessary steps to ensure that ad- serious threat to public safety. Many of the respective investigative agency or component ministrative subpoena power is used and en- of the Department of Justice. them continue to commit additional forced consistently and fairly by executive crimes while they roam undetected. ‘‘(g) DELAYED NOTICE.— branch agencies. ‘‘(1) IN GENERAL.—Where an administrative The bill would provide $40 million subpoena is issued under this section to a pro- AMENDMENT NO. 4020 dollars over three years for the Mar- vider of electronic communication service (as de- Mr. DEWINE. Mr. President, I send shals Service to form fugitive task fined in section 2510 of this title) or remote com- an amendment to the desk on behalf of forces with state and local authorities. puting service (as defined in section 2711 of this Senators THURMOND, BIDEN, and LEAHY. The Marshals Service is the lead fed- title), the Attorney General may— The PRESIDING OFFICER. The eral agency regarding this matter. ‘‘(A) in accordance with section 2705(a) of this clerk will report. Task forces combine the expertise of title, delay notification to the subscriber or cus- The legislative clerk read as follows: tomer to whom the record pertains; and the Marshals Service in these special- The Senator from Ohio (Mr. DEWINE) for ‘‘(B) apply to a court, in accordance with sec- ized investigations with the knowledge Mr. THURMOND, Mr. BIDEN, and Mr. LEAHY, that local law enforcement has about tion 2705(b) of this title, for an order com- proposes an amendment numbered 4020. manding the provider of electronic communica- their communities. This teamwork tion service or remote computing service not to The amendment is as follows: helps authorities prioritize and appre- notify any other person of the existence of the (Purpose: To impose nondisclosure hend large numbers of dangerous crimi- subpoena or court order. requirements, and for other purposes) nals. ‘‘(2) SUBPOENAS FOR FINANCIAL RECORDS.—If a On page 14, beginning with line 21, strike The legislation would also provide subpoena is issued under this section to a finan- through page 15, line 20 and insert the fol- administrative subpoena authority, cial institution for financial records of any cus- lowing: which would allow investigators to tomer of such institution, the Attorney General ‘‘(3) NONDISCLOSURE REQUIREMENTS.— may apply to a court under section 1109 of the ‘‘(A) IN GENERAL.—Except as provided in track down leads about wanted persons Right to Financial Privacy Act of 1978 (12 paragraphs (1) and (2), the Attorney General faster and more efficiently. Currently, U.S.C. 3409) for an order to delay customer no- may apply to a court for an order requiring the time it takes to get vital informa- tice as otherwise required. the party to whom an administrative sub- tion, such as telephone or apartment ‘‘(3) NONDISCLOSURE REQUIREMENTS.— poena is directed to refrain from notifying rental records, through a formal court ‘‘(A) IN GENERAL.—Except as otherwise pro- any other party of the existence of the sub- order can make the difference between vided in paragraphs (1) and (2), the Attorney poena or court order for such period as the whether a fugitive is apprehended or General may require the party to whom an ad- court deems appropriate. ministrative subpoena is directed to refrain from remains on the run. ‘‘(B) ORDER.—The court shall enter such This bill has been endorsed by var- notifying any other party of the existence of the order if it determines that there is reason to subpoena for 30 days. believe that notification of the existence of ious law enforcement organizations, in- ‘‘(B) EXTENSION.—The Attorney General may the administrative subpoena will result in— cluding the National Sheriffs Associa- apply to a court for an order extending the time ‘‘(i) endangering the life or physical safety tion, the Fraternal Order of Police, and for such period as the court deems appropriate. of an individual; the National Association of Police Or- ‘‘(C) CRITERIA FOR EXTENSION.—The court ‘‘(ii) flight from prosecution; ganizations, and the subpoena author- shall enter an order under subparagraph (B) if ‘‘(iii) destruction of or tampering with evi- ity is supported by the Administration. it determines that there is reason to believe that dence; This is an important step that we can notification of the existence of the administra- ‘‘(iv) intimidation of potential witnesses; take to help federal and state law en- tive subpoena will result in— or forcement address the serious fugitive ‘‘(i) endangering the life or physical safety of ‘‘(v) otherwise seriously jeopardizing an in- an individual; vestigation or undue delay of a trial. threat that exists in our country. ‘‘(ii) flight from prosecution; On page 16, line 9 insert ‘‘, in consultation I ask consent to have printed in the ‘‘(iii) destruction of or tampering with evi- with the Secretary of the Treasury,’’ after RECORD a section-by-section analysis of dence; ‘‘eral’’. the bill.

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00135 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.004 S26JY0 16418 CONGRESSIONAL RECORD—SENATE July 26, 2000 There being no objection, the anal- delayed notification and nondisclosure provi- fugitives than all the other federal ysis was ordered to be printed in the sions consistent with 18 U.S.C. § 2705. Para- agencies combined. In prior years, the RECORD, as follows: graph (g) further provides that subpoenas Marshals Service spearheaded special issued under this section for financial SECTION-BY-SECTION ANALYSIS fugitive apprehension task forces, records are subject to the Attorney General’s called FIST Operations, that targeted Section 1. Short title power to request a delayed customer notice The title is the ‘‘Fugitive Apprehension pursuant to 12 U.S.C. § 3409. Administrative fugitives in particular areas and was Act of 2000.’’ subpoenas issued pursuant to this section singularly successful in arresting over Section 2. Fugitive apprehension task forces should be governed, where appropriate, by 18 34,000 fugitive felons. U.S.C. § 2705 and 12 U.S.C. § 3409. Otherwise, Similarly, the FBI has established The purpose of this provision is to assist the Attorney General may apply for a court twenty-four Safe Streets Task Forces Federal, state and local law enforcement au- order imposing a non-disclosure period for thorities by forming multi-agency task exclusively focused on apprehending specified reasons. forces around the country to locate and ap- fugitives in cities around the country. Section 1075(h) provides that good faith Over the period of 1995 to 1999, the prehend fugitives wanted by their jurisdic- compliance with a subpoena issued under tions. this section, and good faith compliance with FBI’s efforts have resulted in the ar- The bill would authorize to be appropriated a nondisclosure order under this provision rest of a total of 65,359 state fugitives. to the U.S. Marshals Service $40 million dol- (whether incorporated in a subpoena by the Nevertheless, the number of out- lars over three years to establish new, per- Attorney General or separately ordered by a standing fugitives is too large. The manent Fugitive Apprehension Task Forces court), will be immunized from civil liability substitute amendment we consider and supplement the efforts of task forces al- in state and federal courts. today will help make a difference by ready operating in areas throughout the Section 4. Study and report of the use of admin- providing new but limited administra- United States. The Fugitive Apprehension istrative subpoenas Task Forces would be totally dedicated to lo- tive subpoena authority to the Depart- cating and apprehending fugitives under the This section requires the Attorney Gen- ment of Justice to obtain documentary direction of a National Director and not eral, in consultation with the Secretary of evidence helpful in tracking down fugi- under a specific District to insure that they the Treasury, to complete a study of the use tives and by authorizing the Attorney are not utilized for other Marshals Service of administrative subpoena power, and re- General to establish fugitive task missions. port to the Congress by December 31, 2001. Mr. LEAHY. Mr. President, I am forces. Section 3. Administrative subpoena authority ‘‘Administrative subpoena’’ is the pleased that the Senate is passing S. term generally used to refer to a de- This section of the bill creates a new sec- 2516, ‘‘The Fugitive Apprehension Act tion 1075 in Title 18, United States Code, pro- mand for documents or testimony by of 2000.’’ viding for administrative subpoena authority an investigative entity or regulatory During Senate Judiciary Committee to ascertain the whereabouts of fugitives. agency that is empowered to issue the consideration of this legislation, we Section 1075(a) contains various definitions subpoena independently and without were able to reconcile in the Thur- for ‘‘fugitive,’’ ‘‘investigation,’’ and ‘‘state,’’ the approval of any grand jury, court that delimit the scope of the section’s opera- mond-Biden-Leahy substitute amend- or other judicial entity. I am generally tive provisions. ment to S. 2516, the significant dif- skeptical of administrative subpoena Section 1075(b) provides for the issuance of ferences between that bill, as intro- administrative subpoenas in investigations power. Administrative subpoenas avoid duced, and S. 2761, ‘‘The Capturing the strict grand jury secrecy rules and as defined in section 1075(a). The Attorney Criminals Act,’’ which I introduced General may subpoena witnesses for the pro- the documents provided in response to duction of records the Attorney General with Senator KOHL on June 21, 2000. I such subpoenas are, therefore, subject finds, based on articulable facts, are relevant commend Senators THURMOND and to broader dissemination. Moreover, to discerning the whereabouts of a fugitive. BIDEN for their leadership on this issue since investigative agents issue such A subpoena must describe the records or and am glad we were able to make a subpoenas directly, without review by items required to be produced and prescribe number of changes to the bill to ensure a judicial officer or even a prosecutor, a return date within a reasonable period of that the authority granted is con- time within which the records or items can fewer ‘‘checks’’ are in place to ensure sistent with privacy and other appro- the subpoena is issued with good cause be assembled and made available. Witnesses priate safeguards. may not be required to travel more than 500 and not merely as a fishing expedition. miles from the place of service of the sub- As a former prosecutor, I am well Nonetheless, unlike initial criminal poena, and must be paid the same fees and aware that fugitives from justice are inquiries, fugitive investigations mileage paid witnesses in United States an important problem and that their present unique difficulties. Law en- courts. capture is an essential function of law forcement may not use grand jury sub- Section 1075(c) provides for methods of enforcement. According to the FBI, poenas since, by the time a person is a service of a subpoena under this section. nearly 550,000 people are currently fugi- fugitive, the grand jury phase of an in- Section 1075(d) empowers courts to enforce tives from justice on federal, state, and vestigation is usually over. Use of subpoenas issued under this section. Sub- local felony charges combined. This poena recipients may move to modify or grand jury subpoenas to obtain phone quash an administrative subpoena within 20 means that there are almost as many or bank records to track down a fugi- days of service of the subpoena, or prior to fugitive felons as there are citizens re- tive would be an abuse of the grand the return date, whichever period is shorter, siding in my home state of Vermont. jury. Trial subpoenas may also not be on specified grounds. The fact that we have more than one used, either because the fugitive is al- Section 1075(e) provides that the Attorney half million fugitives from justice, a ready convicted or no trial may take General must issue a report to the Congress significant portion of whom are con- place without the fugitive. about the use of this section, for the first victed felons in violation of probation This inability to use trial and grand three years following enactment of the stat- or parole, who have been able to flaunt jury subpoenas for fugitive investiga- ute. courts order and avoid arrest, breeds Section 1075(f) provides that the Attorney tions creates a gap in law enforcement General shall issue guidelines governing the disrespect for our laws and poses unde- procedures. Law enforcement partially issuance of administrative subpoenas aimed niable risks to the safety of our citi- fills this gap by using the All Writs at the apprehension of fugitives as author- zens. Act, 28 U.S.C. § 1651(a), which author- ized by this section. The guidelines shall Our federal law enforcement agencies izes federal courts to ‘‘issue all writs mandate that no such subpoenas issue absent should be commended for the job they necessary or appropriate in aid of their review and approval of senior supervisory have been doing to date on capturing respective jurisdictions and agreeable personnel within the respective investigative federal fugitives and helping the states to the usages and principles of law.’’ agency or component of the Department of and local communities bring their fugi- The procedures, however, for obtaining Justice. tives to justice. The U.S. Marshals Section 1075(g) provides that administra- orders under this Act, and the scope tive subpoenas issued to a provider of elec- Service, our oldest law enforcement and non-disclosure terms of such or- tronic communication service (as defined in agency, has arrested over 120,000 fed- ders, vary between jurisdictions. 18 U.S.C. § 2510) or remote computing service eral, state and local fugitives in the Thus, authorizing administrative (as defined in 18 U.S.C. § 2711) may include past four years, including more federal subpoena power will help bridge the

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00136 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.004 S26JY0 July 26, 2000 CONGRESSIONAL RECORD—SENATE 16419 gap in fugitive investigations to allow thority for law enforcement to apply to participate in the Task Forces to federal law enforcement agencies to ob- for a court order directing the custo- find their fugitives. tain records useful for tracking a fugi- dian of records to delay notice to sub- This Thurmond-Biden-Leahy sub- tive’s whereabouts. scribers of the existence of the sub- stitute amendment makes necessary The Thurmond-Biden-Leahy sub- poena on the same terms applicable in changes to this bill that will help law stitute amendment incorporates a current law to other subpoenas issued enforcement—with increased resources number of provisions from the Leahy- to phone companies and other elec- for regional fugitive apprehension task Kohl ‘‘Capturing Criminals Act’’ and tronic service providers and to banks. forces and administrative subpoena au- makes significant and positive modi- Fifth, the original S. 2516 did not pro- thority—bring to justice both federal fications to the original version of S. vide any immunity from civil liability and state fugitives who, by their con- 2516. First, as introduced, S. 2516 would for persons complying with administra- duct, have demonstrated a lack of re- have limited use of an administrative tive subpoenas in fugitive investiga- spect for our nation’s criminal justice subpoena to those fugitives who have tions. As in the Capturing Criminals system. been ‘‘indicted,’’ and failed to address Act, the substitute amendment would Mr. DEWINE. Mr. President, I ask the fact that fugitives flee after arrest provide immunity from civil liability unanimous consent the amendment be on the basis of a ‘‘complaint’’ and may for good faith compliance with an ad- agreed to, the committee substitute flee after the prosecutor has filed an ministrative subpoena, including non- amendment, as amended, agreed to, the ‘‘information’’ in lieu of an indictment. disclosure in compliance with the bill be read the third time and passed, The substitute amendment, by con- terms of a court order. the motion to reconsider be laid upon trast, would allow use of such sub- Sixth, S. 2516, as introduced, would the table, and that any statements re- poenas to track fugitives who have have authorized use of an administra- lating to the bill be printed in the been accused in a ‘‘complaint, informa- tive subpoena upon a finding by the At- RECORD. tion or indictment.’’ torney General that the documents are The PRESIDING OFFICER. Without Second, S. 2516, as introduced, would ‘‘relevant and material,’’ which is fur- objection, it is so ordered. have required the U.S. Marshal Service ther defined to mean that ‘‘there are The amendment (No. 4020) was agreed to report quarterly to the Attorney articulable facts that show the fugi- to. General (who must transmit the report tive’s whereabouts may be discerned The committee amendment in the to Congress) on use of the administra- from the records sought.’’ Changing nature of a substitute, as amended, was tive subpoenas. While a reporting re- the standard for issuance of a subpoena agreed to. quirement is useful, the requirement as from ‘‘relevancy’’ to a hybrid of ‘‘rel- The bill (S. 2516), as amended, was described in the original S. 2516 was evant and material’’ sets a confusing passed. overly burdensome and insufficiently and bad precedent. Accordingly, the S. 2516 specific. The substitute amendment, as substitute amendment would authorize Be it enacted by the Senate and House of Rep- in the Capturing Criminals Act, would issuance of an administrative subpoena resentatives of the United States of America in Congress assembled, require the Attorney General to report for documents if the Attorney General SECTION 1. SHORT TITLE. for the next three years to the Judici- finds based upon articulable facts that This Act may be cited as the ‘‘Fugitive Ap- ary Committees of both the House and they are relevant to discerning the fu- prehension Act of 2000’’. Senate with the following information gitive’s whereabouts. SEC. 2. FUGITIVE APPREHENSION TASK FORCES. about the use of administrative sub- Seventh, the original S. 2516 author- (a) IN GENERAL.—The Attorney General poenas in fugitive investigations: the ized the Attorney General to issue shall, upon consultation with appropriate number issued, by which agency, iden- guidelines delegating authority for Department of Justice and Department of tification of the charges on which the issuance of administrative subpoenas the Treasury law enforcement components, fugitive was wanted and whether the only to the Director of the U.S. Mar- establish permanent Fugitive Apprehension fugitive was wanted on federal or state shals Service, despite the fact that the Task Forces consisting of Federal, State, and local law enforcement authorities in des- charges. FBI, and the Drug Enforcement Admin- ignated regions of the United States, to be Third, although the original S. 2516 istration also want this authority to directed and coordinated by the United outlined the procedures for enforce- find fugitives on charges over which States Marshals Service, for the purpose of ment of an administrative subpoena, it they have investigative authority. The locating and apprehending fugitives. was silent on the mechanisms for con- substitute amendment would authorize (b) AUTHORIZATION OF APPROPRIATIONS.— testing the subpoena by the recipient. the Attorney General to issue guide- There are authorized to be appropriated to The substitute amendment expressly lines delegating authority for issuance the United States Marshal Service to carry addresses this issue. As set forth in the of administrative subpoenas to super- out the provisions of this section $30,000,000 for the fiscal year 2001, $5,000,000 for fiscal Capturing Criminals Act, this sub- visory personnel within components of year 2002, and $5,000,000 for fiscal year 2003. stitute amendment would allow a per- the Department. (c) OTHER EXISTING APPLICABLE LAW.— son who is served with an administra- Eighth, the original S. 2516 did not Nothing in this section shall be construed to tive subpoena to petition a court to address the issue that a variety of ad- limit any existing authority under any other modify or set aside the subpoena on ministrative subpoena authorities exist provision of Federal or State law for law en- grounds that compliance would be ‘‘un- in multiple forms in every agency. The forcement agencies to locate or apprehend reasonable or oppressive’’ (a standard substitute amendment incorporates fugitives through task forces or any other used in Fed. R. Crim. P. 17 for trial from the Capturing Criminals Act a re- means. SEC. 3. ADMINISTRATIVE SUBPOENAS TO APPRE- subpoenas) or would violate constitu- quirement that the Attorney General HEND FUGITIVES. tional or other legal rights of the per- provide a report on this issue. (a) IN GENERAL.—Chapter 49 of title 18, son. Finally, as introduced, S. 2516 au- United States Code, is amended by adding at Fourth, the original S. 2516 did not thorized the U.S. Marshal Service to the end the following: provide, or set forth a procedure, for establish permanent Fugitive Appre- ‘‘§ 1075. Administrative subpoenas to appre- the government to command a custo- hension Task Forces. By contrast, the hend fugitives dian of records not to disclose or to substitute amendment would authorize ‘‘(a) DEFINITIONS.—In this section: delay notice to a customer about the $40,000,000 over three years for the At- ‘‘(1) FUGITIVE.—The term ‘fugitive’ means existence of the subpoena. This is par- torney General to establish multi- a person who— ticularly critical in fugitive investiga- agencytask forces (which will be co- ‘‘(A) having been accused by complaint, in- tions when law enforcement does not ordinated by the Director of the Mar- formation, or indictment under Federal law or having been convicted of committing a want to alert the fugitive that the po- shals Service) in consultation with the felony under Federal law, flees or attempts lice are on his/her trail. The substitute Secretary of the Treasury and the to flee from or evades or attempts to evade amendment incorporates from the Cap- States, so that the Secret Service, the jurisdiction of the court with jurisdic- turing Criminals Act the express au- BATF, the FBI and the States are able tion over the felony;

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00137 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.004 S26JY0 16420 CONGRESSIONAL RECORD—SENATE July 26, 2000 ‘‘(B) having been accused by complaint, in- copy thereof by the person serving it shall be not to notify any other person of the exist- formation, or indictment under State law or proof of service. ence of the subpoena or court order. having been convicted of committing a fel- ‘‘(d) CONTUMACY OR REFUSAL.— ‘‘(2) SUBPOENAS FOR FINANCIAL RECORDS.—If ony under State law, flees or attempts to ‘‘(1) IN GENERAL.—In the case of the contu- a subpoena is issued under this section to a flee from, or evades or attempts to evade, macy by or refusal to obey a subpoena issued financial institution for financial records of the jurisdiction of the court with jurisdic- to any person, the Attorney General may in- any customer of such institution, the Attor- tion over the felony; voke the aid of any court of the United ney General may apply to a court under sec- ‘‘(C) escapes from lawful Federal or State States within the jurisdiction of which the tion 1109 of the Right to Financial Privacy custody after having been accused by com- investigation is carried on or of which the Act of 1978 (12 U.S.C. 3409) for an order to plaint, information, or indictment or having subpoenaed person is an inhabitant, or in delay customer notice as otherwise required. been convicted of committing a felony under which he carries on business or may be ‘‘(3) NONDISCLOSURE REQUIREMENTS.— Federal or State law; or found, to compel compliance with the sub- ‘‘(A) IN GENERAL.—Except as provided in ‘‘(D) is in violation of subparagraph (2) or poena. The court may issue an order requir- paragraphs (1) and (2), the Attorney General (3) of the first undesignated paragraph of sec- ing the subpoenaed person to appear before may apply to a court for an order requiring tion 1073. the Attorney General to produce records if the party to whom an administrative sub- ‘‘(2) INVESTIGATION.—The term ‘investiga- so ordered. poena is directed to refrain from notifying tion’ means, with respect to a State fugitive ‘‘(2) CONTEMPT.—Any failure to obey the any other party of the existence of the sub- described in subparagraph (B) or (C) of para- order of the court may be punishable by the poena or court order for such period as the graph (1), an investigation in which there is court as contempt thereof. court deems appropriate. reason to believe that the fugitive fled from ‘‘(3) PROCESS.—All process in any case to ‘‘(B) ORDER.—The court shall enter such or evaded, or attempted to flee from or enforce an order under this subsection may order if it determines that there is reason to evade, the jurisdiction of the court, or es- be served in any judicial district in which believe that notification of the existence of caped from custody, in or affecting, or using the person may be found. the administrative subpoena will result in— any facility of, interstate or foreign com- ‘‘(4) RIGHTS OF SUBPOENA RECIPIENT.—Not ‘‘(i) endangering the life or physical safety merce, or as to whom an appropriate law en- later than 20 days after the date of service of of an individual; forcement officer or official of a State or po- an administrative subpoena under this sec- ‘‘(ii) flight from prosecution; litical subdivision has requested the Attor- tion upon any person, or at any time before ‘‘(iii) destruction of or tampering with evi- ney General to assist in the investigation, the return date specified in the subpoena, dence; and the Attorney General finds that the par- whichever period is shorter, such person may ‘‘(iv) intimidation of potential witnesses; ticular circumstances of the request give rise file, in the district within which such person or to a Federal interest sufficient for the exer- resides, is found, or transacts business, a pe- ‘‘(v) otherwise seriously jeopardizing an in- cise of Federal jurisdiction pursuant to sec- tition to modify or quash such subpoena on vestigation or undue delay of a trial. tion 1075. grounds that— ‘‘(h) IMMUNITY FROM CIVIL LIABILITY.—Any ‘‘(3) STATE.—The term ‘State’ means a ‘‘(A) the terms of the subpoena are unrea- person, including officers, agents, and em- State of the United States, the District of sonable or unnecessary; ployees, who in good faith produce the Colombia, and any commonwealth, territory, ‘‘(B) the subpoena fails to meet the re- records or items requested in a subpoena or possession of the United States. quirements of this section; or shall not be liable in any court of any State ‘‘(b) SUBPOENAS AND WITNESSES.— ‘‘(C) the subpoena violates the constitu- or the United States to any customer or ‘‘(1) SUBPOENAS.—In any investigation with tional rights or any other legal rights or other person for such production or for non- respect to the apprehension of a fugitive, the disclosure of that production to the cus- Attorney General may subpoena witnesses privilege of the subpoenaed party. ‘‘(e) REPORT.— tomer, in compliance with the terms of a for the purpose of the production of any court order for nondisclosure.’’. ‘‘(1) IN GENERAL.—The Attorney General records (including books, papers, documents, (b) TECHNICAL AND CONFORMING AMEND- shall report in January of each year to the electronic data, and other tangible and in- MENT.—The analysis for chapter 49 of title 18, Committees on the Judiciary of the Senate tangible items that constitute or contain United States Code, is amended by adding at and the House of Representatives on the evidence) that the Attorney General finds, the end the following: number of administrative subpoenas issued based on articulable facts, are relevant to ‘‘1075. Administrative subpoenas to appre- discerning the whereabouts of the fugitive. A under this section, whether each matter in- volved a fugitive from Federal or State hend fugitives.’’. subpoena under this subsection shall de- SEC. 4. STUDY AND REPORT OF THE USE OF AD- scribe the records or items required to be charges, and identification of the agency or component of the Department of Justice MINISTRATIVE SUBPOENAS. produced and prescribe a return date within Not later than December 31, 2001, the At- issuing the subpoena and imposing the a reasonable period of time within which the torney General, in consultation with the charges. records or items can be assembled and made Secretary of the Treasury, shall complete a ‘‘(2) EXPIRATION.—The reporting require- available. study on the use of administrative subpoena ‘‘(2) WITNESSES.—The attendance of wit- ment of this subsection shall terminate in 3 power by executive branch agencies or enti- nesses and the production of records may be years after the date of enactment of this sec- ties and shall report the findings to the Com- required from any place in any State or tion. mittees on the Judiciary of the Senate and other place subject to the jurisdiction of the ‘‘(f) GUIDELINES.— the House of Representatives. Such report United States at any designated place where ‘‘(1) IN GENERAL.—The Attorney General shall include— the witness was served with a subpoena, ex- shall issue guidelines governing the issuance (1) a description of the sources of adminis- cept that a witness shall not be required to of administrative subpoenas pursuant to this trative subpoena power and the scope of such appear more than 500 miles distant from the section. subpoena power within executive branch place where the witness was served. Wit- ‘‘(2) REVIEW.—The guidelines required by agencies; nesses summoned under this section shall be this subsection shall mandate that adminis- (2) a description of applicable subpoena en- paid the same fees and mileage that are paid trative subpoenas may be issued only after forcement mechanisms; witnesses in the courts of the United States. review and approval of senior supervisory (3) a description of any notification provi- ‘‘(c) SERVICE.— personnel within the respective investigative sions and any other provisions relating to ‘‘(1) AGENT.—A subpoena issued under this agency or component of the Department of safeguarding privacy interests; section may be served by any person des- Justice. (4) a description of the standards governing ignated in the subpoena as the agent of serv- ‘‘(g) DELAYED NOTICE.— the issuance of administrative subpoenas; ice. ‘‘(1) IN GENERAL.—Where an administrative and ‘‘(2) NATURAL PERSON.—Service upon a nat- subpoena is issued under this section to a (5) recommendations from the Attorney ural person may be made by personal deliv- provider of electronic communication serv- General regarding necessary steps to ensure ery of the subpoena to that person or by cer- ice (as defined in section 2510 of this title) or that administrative subpoena power is used tified mail with return receipt requested. remote computing service (as defined in sec- and enforced consistently and fairly by exec- ‘‘(3) CORPORATION.—Service may be made tion 2711 of this title), the Attorney General utive branch agencies. upon a domestic or foreign corporation or may— upon a partnership or other unincorporated ‘‘(A) in accordance with section 2705(a) of f association that is subject to suit under a this title, delay notification to the sub- ORDER FOR COMMITTEES TO FILE common name, by delivering the subpoena to scriber or customer to whom the record per- LEGISLATIVE MATTERS an officer, to a managing or general agent, tains; and or to any other agent authorized by appoint- ‘‘(B) apply to a court, in accordance with Mr. DEWINE. Mr. President, I ask ment or by law to receive service of process. section 2705(b) of this title, for an order com- unanimous consent that, notwith- ‘‘(4) AFFIDAVIT.—The affidavit of the per- manding the provider of electronic commu- standing the adjournment of the Sen- son serving the subpoena entered on a true nication service or remote computing service ate, committees have until 1 p.m. on

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00138 Fmt 0686 Sfmt 0634 E:\BR00\S26JY0.004 S26JY0 July 26, 2000 CONGRESSIONAL RECORD—SENATE 16421 Friday, August 25, in order to file legis- a period of morning business until 11 MARGARET J. FLETCHER, OF VIRGINIA ELISE J. FOX, OF CALIFORNIA lative matters. a.m. for statements in memory of Sen- SAMIR A. GEORGE, OF VIRGINIA The PRESIDING OFFICER. Without ator Paul Coverdell. Following morn- MICHAEL JOSEPH GIARUCKIS, OF FLORIDA JULIET S. GOLE, OF MARYLAND objection, it is so ordered. ing business, the Senate will have a GLENN GRIMES, OF VIRGINIA swearing-in ceremony for Senator-des- GLENN JAMES GUIMOND, OF CALIFORNIA f TRACY HAILEY GEORGIEVA, OF FLORIDA ignate Zell Miller. After the ceremony NORMAN C. HALL, OF VIRGINIA MEASURE READ FOR THE FIRST and the remarks by the Senator-des- JENNY S. HAN, OF LOUISIANA TIME—S. 2940 JASON M. HANCOCK, OF VIRGINIA ignate, the Senate will proceed to a RUTH ANN HARGUS, OF VIRGINIA Mr. DEWINE. Mr. President, I under- cloture vote on the motion to proceed ANDREW R. HERRUP, OF THE DISTRICT OF COLUMBIA NICHOLAS J. HILGERT III, OF VIRGINIA stand that S. 2940 is at the desk, and I to the energy and water appropriations CHARLES DAVID HILLON, OF VIRGINIA ask for its first reading. bill. By previous order, following the KIMBERLY A. HOFFSTROM, OF FLORIDA HANS A. HOLMER, OF THE DISTRICT OF COLUMBIA The PRESIDING OFFICER. The cloture vote, the Senate will begin con- JOHN A. IRVIN, OF VIRGINIA clerk will report the bill by title. sideration of the conference report to KEVIN A. KIERCE, OF VIRGINIA JOSEPH C. KOEN, OF TEXAS The legislative clerk read as follows: accompany the Department of Defense JOHN A. KRINGEN, OF VIRGINIA A bill (S. 2940) to authorize additional as- appropriations bill, with a vote to ANNE M. LARSON, OF VIRGINIA BRYAN D. LARSON, OF COLORADO sistance for international malaria control, occur at approximately 3:15 p.m. As- EUGENE LENSTON, OF CALIFORNIA and to provide for coordination and consulta- suming cloture is invoked on the mo- DAVID WALTER LETTENEY, OF MARYLAND tion in providing assistance under the For- DANA M. LINNET, OF MASSACHUSETTS tion to proceed to the energy and water GREGORY DANIEL LOGERFO, OF NEW YORK eign Assistance Act of 1961 with respect to appropriations bill, the Senate will DAVID P. MATHEWSON, OF VIRGINIA malaria, HIV, and tuberculosis. LORRIE W. MC CORKELL, OF VIRGINIA then begin 30 hours of postcloture de- CRAIG W. MC GARRAH III, OF VIRGINIA Mr. DEWINE. Mr. President, I ask for bate. RANDALL T. MERIDETH, OF MINNESOTA its second reading and object to my EDWARD L. MICCIO, OF CALIFORNIA As a reminder, cloture was filed on FRANKLIN B. MILES, OF VIRGINIA own request. the motion to proceed to the PNTR DAVID ERIC MITCHELL, OF TEXAS The PRESIDING OFFICER. Under ANNE MARIE MOORE, OF NEW HAMPSHIRE China legislation during today’s ses- DAVID THOMAS MOORE, OF CALIFORNIA the order, the bill will receive its next sion. It is hoped an agreement can be KATHARINE MOSELEY, OF THE DISTRICT OF COLUMBIA reading on the next legislative day. STANLEY M. NESTOR, OF PENNSYLVANIA made to schedule that vote for tomor- MICHAEL J. OLEJARZ, OF FLORIDA f row afternoon. RANDALL M. OLSON, OF VIRGINIA CHRISTOPHER J. PANICO, OF CONNECTICUT MEASURE READ FOR THE FIRST f ANDREW B. PAUL, OF OHIO TIME—S. 2941 SHERYL A. PICKNEY-MAAS, OF SOUTH CAROLINA ADJOURNMENT UNTIL 9:30 A.M. DANIEL MOSHE RENNA, OF THE DISTRICT OF COLUMBIA Mr. DEWINE. Mr. President, I under- DAVID N. RICHELSOPH, OF CONNECTICUT TOMORROW SHERI SIMPSON RIEDL, OF VIRGINIA stand that S. 2941 is at the desk and I SCOTT R. RIEDMANN, OF OHIO ask for its first reading. Mr. DEWINE. If there is no further MARK S. RILEY, OF VIRGINIA LISA CHRISTINE ROYDEN, OF VIRGINIA The PRESIDING OFFICER. The business to come before the Senate, I EDWIN S. SAEGER, OF MARYLAND clerk will read the bill for the first now ask unanimous consent the Senate PHILIP S. SALTER, OF VIRGINIA MARK ANDREW SCHAPIRO, OF NEW YORK time. stand in adjournment under the pre- GREGORY KENT SCHIFFER, OF TEXAS The legislative clerk read as follows: vious order. DAVID C. SCHROEDER, OF FLORIDA MICHAEL K. SINGH, OF ILLINOIS A bill (S. 2941) to amend the Federal Elec- There being no objection, the Senate, MARY JANE SKAPEK, OF VIRGINIA tion Campaign Act of 1971 to provide mean- at 8:04 p.m., adjourned until, Thursday, BRICE SLOAN, OF IDAHO MATTHEW DAVID SMITH, OF NEW HAMPSHIRE ingful campaign finance reform through bet- July 27, at 9:30 a.m. LEE J. SPERRY, OF VIRGINIA ter reporting, decreasing the role of soft RUTH ANNE STEVENS, OF OHIO money, and increasing individual contribu- f TRACY LYNN TAYLOR, OF THE DISTRICT OF COLUMBIA WILLIAM W. TENNEY, OF VIRGINIA tion limits, and for other purposes. NOMINATIONS BETTY L. WADE, OF WEST VIRGINIA Mr. DEWINE. I now ask for its second DANIEL JOSEPH WARTKO, OF THE DISTRICT OF COLUM- Executive nominations received by BIA reading, and I object to my own re- the Senate July 26, 2000: TIMOTHY W. WILKIE, OF HAWAII quest. GREGORY M. WINSTEAD, OF FLORIDA NATIONAL CREDIT UNION ADMINISTRATION NOAH S. ZARING, OF IOWA The PRESIDING OFFICER. The ob- DAVID L. ZINKOWICH, OF VIRGINIA BOARD jection is heard. THE FOLLOWING-NAMED CAREER MEMBER OF THE The bill will be read the second time GEOFF BACINO, OF ILLINOIS, TO BE A MEMBER OF THE FOREIGN SERVICE OF THE AGENCY FOR INTERNATIONAL NATIONAL CREDIT UNION ADMINISTRATION BOARD FOR DEVELOPMENT FOR PROMOTION INTO THE SENIOR FOR- on the next legislative day. THE TERM OF SIX YEARS EXPIRING AUGUST 2, 2005, VICE EIGN SERVICE AS INDICATED, EFFECTIVE NOVEMBER 21, NORMAN E. D’AMOURS, TERM EXPIRED. f 1999: DEPARTMENT OF TRANSPORTATION CAREER MEMBER OF THE SENIOR FOREIGN SERVICE OF THE UNITED STATES OF AMERICA, CLASS OF COUN- ORDERS FOR THURSDAY, JULY 27, DAVID Z. PLAVIN, OF NEW YORK, TO BE A MEMBER OF SELOR: 2000 THE FEDERAL AVIATION MANAGEMENT ADVISORY COUNCIL FOR A TERM OF ONE YEAR. (NEW POSITION) AGENCY FOR INTERNATIONAL DEVELOPMENT Mr. DEWINE. Mr. President, I ask BROADCASTING BOARD OF GOVERNORS GEORGE DEIKUN, OF CALIFORNIA unanimous consent that when the Sen- EDWARD E. KAUFMAN, OF DELAWARE, TO BE A MEM- THE FOLLOWING-NAMED CAREER MEMBER OF THE ate completes its business today, it ad- BER OF THE BROADCASTING BOARD OF GOVERNORS FOR FOREIGN SERVICE OF THE DEPARTMENT OF STATE FOR journ until the hour of 9:30 a.m. on A TERM EXPIRING AUGUST 13, 2003. (REAPPOINTMENT) PROMOTION INTO THE SENIOR FOREIGN SERVICE AS IN- ALBERTO J. MORA, OF FLORIDA, TO BE A MEMBER OF DICATED, EFFECTIVE NOVEMBER 21, 1999: Thursday, July 27. I further ask con- THE BROADCASTING BOARD OF GOVERNORS FOR A TERM CAREER MEMBER OF THE SENIOR FOREIGN SERVICE sent that on Thursday, immediately EXPIRING AUGUST 13, 2003. (REAPPOINTMENT) OF THE UNITED STATES OF AMERICA, CLASS OF COUN- SELOR: following the prayer, the Journal of FOREIGN SERVICE DEPARTMENT OF STATE proceedings be approved to date, the THE FOLLOWING-NAMED MEMBERS OF THE FOREIGN morning hour be deemed expired, the SERVICE OF THE DEPARTMENT OF COMMERCE AND PAUL G. CHURCHILL, OF ILLINOIS STATE TO BE CONSULAR OFFICERS AND/OR SECRE- IN THE AIR FORCE time for the two leaders be reserved for TARIES IN THE DIPLOMATIC SERVICE OF THE UNITED their use later in the day, and the Sen- STATES OF AMERICA, AS INDICATED: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CONSULAR OFFICERS AND SECRETARIES IN THE DIP- IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- ate then begin a period of morning LOMATIC SERVICE OF THE UNITED STATES OF AMERICA: CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION business for Coverdell tributes only JOHN F. ALOIA, OF NEW JERSEY 601: until 11 a.m., with Senators permitted EDIE J. BACKMAN, OF VIRGINIA CHRISTOPHER J. BANE, OF VIRGINIA To be general to speak for up to 10 minutes each. DESIREE A. BARON, OF MICHIGAN The PRESIDING OFFICER. Without DAVID HILL BENNER, OF VIRGINIA LT. GEN. CHARLES R. HOLLAND, 0000 DANA M. BROWN, OF CALIFORNIA objection, it is so ordered. CHRISTOPHER P. CHIARELLO, OF VIRGINIA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- f D. SHANE CHRISTENSEN, OF CALIFORNIA ELIZABETH OVERTON COLTON, OF VIRGINIA CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE LAMONT CARY COLUCCI, OF WISCONSIN AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION PROGRAM JOHN P. COONEY III, OF NEW YORK 601: Mr. DEWINE. When the Senate con- CHAD PARKER CUMMINS, OF CALIFORNIA To be lieutenant general ERIC G. FALLS, OF VIRGINIA venes at 9:30 a.m., the Senate will be in EVAN T. FELSING, OF NEW JERSEY MAJ. GEN. GLEN W. MOORHEAD III, 0000

VerDate Mar 15 2010 20:53 Apr 17, 2014 Jkt 081600 PO 00000 Frm 00139 Fmt 0686 Sfmt 9801 C:\1999-2001-BOUND-RECORD\BR2000\JUL\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY 16422 CONGRESSIONAL RECORD—SENATE July 26, 2000

THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MICHAEL G. BENAC, 0000 JUDY R. MERRING, 0000 IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- STEPHEN A. BIRD, 0000 MELISSA M. MERRITT, 0000 CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE JERRY J. BISHOP II, 0000 JAMES A. MILLER, 0000 AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION WAYNE A. BLEY, 0000 JOHN H. MILLER II, 0000 601: PAUL M. BLOSE, JR., 0000 RICHARD J. MILLS, 0000 PHILIP L. BOERSTLER, 0000 LAURA J. MIRKINSON, 0000 To be lieutenant general JULIE L. BOHANNON, 0000 DIANA L. MITTSCARCAVALLO, 0000 LT. GEN. NORTON A. SCHWARTZ, 0000 BRUCE H. BOKONY, 0000 EDA MORENO, 0000 MICHAEL T. BOND, 0000 CATHERINE J. MORTON, 0000 IN THE ARMY CHRISTINA M. BONNER, 0000 RICHARD J. MULLINS, 0000 DOUGLAS J. BOWER, 0000 KARLA J. NACION, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT KENNETH G. BRADSHAW, 0000 GORDON S. NAYLOR, 0000 IN THE UNITED STATES ARMY TO THE GRADE INDICATED MARK V. BRADY, 0000 JEFFREY M. NEVELS, 0000 WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND THOMAS D. BRANT, 0000 ROBERT S. NEWMAN, 0000 RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601, STEVE J. BRASINGTON, 0000 MICHAEL S. OCONNOR, 0000 AND AS A SENIOR MEMBER OF THE MILITARY STAFF WAYNE A. BREER, 0000 WANG S. OHM, 0000 COMMITTEE OF THE UNITED NATIONS UNDER TITLE 10, PETER S. BRIGHTMAN, 0000 JOAN M. OLSON, 0000 U.S.C., SECTION 711: RANDY S. BRINKMANN, 0000 RICHARD E. OSWALD, JR., 0000 To be lieutenant general SHERRY L. BROWN, 0000 JOHN W. OWEN, 0000 MICHAEL J. CATANESE, 0000 THOMAS C. PATTON, 0000 MAJ. GEN. JOHN P. ABIZAID, 0000 SIMON K. CHAN, 0000 JEFFREY R. PEARCE, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RENEE C. CLANCY, 0000 WILLIAM T. PERKINS, 0000 IN THE UNITED STATES ARMY TO THE GRADE INDICATED LOGAN V. COCKRUM, JR., 0000 JOHN F. PIERCE, 0000 WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND PRISCILLA B. COE, 0000 SANFORD POLLAK, 0000 RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: FREDERICK J. COLE, 0000 PAUL J. PONTIER, 0000 DOUGLAS R. CONTE, 0000 EDWARD J. POSNAK, 0000 To be lieutenant general KEVIN B. COOK, 0000 BRUCE M. POTENZA, 0000 LAWRENCE H. COPPOCK, JR., 0000 PRESCOTT L. PRINCE, 0000 LT. GEN. EDWARD G. ANDERSON III, 0000 CELINDA R. CREWS, 0000 KAREN PURDIN, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT KEVIN W. CROPP, 0000 JANET J. L. QUINN, 0000 IN THE UNITED STATES ARMY TO THE GRADE INDICATED KAREN C. DANTIN, 0000 BRUCE T. REED, 0000 WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND DONNA E. DEHART, 0000 GARY M. REITER, 0000 RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: JOSEPH P. DERVAY, 0000 RONALD G. RESS, 0000 MICHAEL L. DETZKY, 0000 MICHAEL D. RIGG, 0000 To be lieutenant general STEPHEN I. DEUTSCH, 0000 JOHN K. ROBERTSON, 0000 MAJ. GEN. BRYAN D. BROWN, 0000 BILLY K. DODSON, 0000 PAUL P. ROUNTREE, 0000 PATRICK G. DONOVAN, 0000 BRUCE A. RUMSCH, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TERESA L. DOYLE, 0000 KAROLYN K. RYAN, 0000 IN THE UNITED STATES ARMY TO THE GRADE INDICATED MICHAEL A. DROLL, 0000 LINDA K. M. SALYER, 0000 WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND CYNTHIA A. DULLEA, 0000 JOSE SAMSON, 0000 RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: CLARETTA Y. DUPREE, 0000 DAVID F. SCACCIA, 0000 SCOTT W. ECK, 0000 RICHARD J. SCAPPINI, 0000 To be lieutenant general CARL F. ERCK, 0000 REINHART SCHELERT, 0000 LT. GEN. WILLIAM P. TANGNEY, 0000 JOHN C. ERLANDSON, 0000 PAUL E. SCHMIDT, JR, 0000 WILLIE E. EVANS, 0000 RANDALL K. SCHMITT, 0000 IN THE MARINE CORPS LARRY D. FARR, 0000 STEVEN R. SCHNEIDER, 0000 WALTER W. FARRELL, 0000 JOHN R. SCHUSTER, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JAMES R. FELL, 0000 KEVIN G. SEAMAN, 0000 IN THE UNITED STATES MARINE CORPS TO THE GRADE BRIAN E. FERGUSON, 0000 CAROL F. SEDNEK, 0000 INDICATED WHILE ASSIGNED TO A POSITION OF IMPOR- ELAINE A. FINCHER, 0000 STEPHEN W. SEELIG, 0000 TANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., WILLIAM F. FISCHER, 0000 CATHERINE P. SESSIONS, 0000 SECTION 601: WESTBY G. FISHER, 0000 ROBERT A. SHARP, 0000 To be lieutenant general CAROL A. FORSSELL, 0000 THOMAS G. SHAW, 0000 MICHAEL J. FRAC, 0000 EUGENE M. SIBICK, 0000 MAJ. GEN. MICHAEL P. DELONG, 0000 GREGORY FRAILEY, 0000 JARED H. SILBERMAN, 0000 SANDRA S. FRANKLIN, 0000 BARBARA A. SISSON, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DONALD GALLIGAN, 0000 SUSAN M. SKINNER, 0000 IN THE RESERVE OF THE ARMY TO THE GRADES INDI- PAUL M. GAMBLE, 0000 MARTIN E. SMITH, 0000 CATED UNDER TITLE 10, U.S.C., SECTION 12203: V.A. GARBARINI, 0000 PAUL R. SMITH, 0000 To be major general FREDERICK GENUALDI, 0000 CHRISTOPHER W. SOIKA, 0000 LEON A. GEORGE, 0000 CATHERINE E. SPANGLER, 0000 BRIG. GEN. GEORGE F. BOWMAN, 0000 WILLIAM F. R. GILROY, 0000 CRAIG W. SPENCER, 0000 BRIG. GEN. LLOYD D. BURTCH, 0000 DONALD R. GINTZIG, 0000 CHRISTOPHER C. STAEHELI, 0000 BRIG. GEN. ALFONSA GILLEY, 0000 GLORIA S. GLENEWINKEL, 0000 ALLAN M. STANCZAK, 0000 BRIG. GEN. JAMES R. HELMLY, 0000 MARY A. GONZALEZ, 0000 PAUL W. STEEL, 0000 BRIG. GEN. DENNIS E. KLEIN, 0000 JULIA C. GOODIN, 0000 VICTOR G. STIEBEL, 0000 KENT S. GORE, 0000 ORSURE W. STOKES, 0000 TO BE BRIGADIER GENERAL TIMOTHY M. GRIGGS, 0000 MARC A. SUMMERS, 0000 THOMAS C. GUERCI, 0000 MICHAEL A. SZYMANSKI, 0000 COL. JAMES A. CHEATHAM, 0000 ANNE L. GUZA, 0000 LESLIE J. TENARO, 0000 COL. GEORGE R. FAY, 0000 KENT N. HALL, 0000 ARTHUR F. I. THIBODEAU II, 0000 COL. CHARLES E. GORTON, 0000 OLEH HALUSZKA, 0000 PAMELA L. M. THOMPSON, 0000 COL. JOHN H. KERN, 0000 MARY E. HARDING, 0000 KEITH G. TOWNSLEY, 0000 COL. CHARLES E. MCCARTNEY, 0000 CHARLES D. HARR, 0000 JANET L. TREMBLAY, 0000 COL. JACK C. STULTZ, JR., 0000 BEVERLY D. HEDGEPETH, 0000 RALPH W. TURNER, JR, 0000 COL. STEPHEN D. TOM, 0000 MARIE C. HEIMERDINGER, 0000 WILLIAM M. TURNER, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT KATHLEEN G. HENNELLY, 0000 SUSAN P. TYE, 0000 IN THE UNITED STATES MARINE CORPS TO THE GRADE JEFFREY A. HILL, 0000 TIMOTHY E. TYRE, 0000 INDICATED WHILE ASSIGNED TO A POSITION OF IMPOR- JANICE J. HOFFMAN, 0000 DAVID S. VANDERBILT, 0000 TANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., JAMES L. HONEY, 0000 DAVID O. VOLLENWEIDER II, 0000 SECTION 601: MICHAEL D. HOOD, 0000 MARIAN C. WELLS, 0000 JACK N. HOSTETTER, 0000 MELVIN D. WETZEL II, 0000 To be lieutenant general JAMES G. HUPP, 0000 MARY S. WHEELER, 0000 KATHERINE L. IMMERMAN, 0000 STEPHEN B. WHITE, 0000 MAJ. GEN. GREGORY S. NEWBOLD, 0000 JANICE R. JOHNSON, 0000 BARBARA A. WHITING, 0000 IN THE NAVY EDWARD C. KASSAB, 0000 NANCY A. WINCHESTER, 0000 PAMELA A. KEEN, 0000 JEROME A. WISNIEW, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT KEVIN M. KENNY, 0000 RICHARD J. WOLFRAM, 0000 IN THE UNITED STATES NAVY TO THE GRADE INDICATED MICHAEL J. KING, 0000 JOAN H. WOOTEN, 0000 WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND ANN M. KOLSHAK, 0000 PATRICIA E. YAP, 0000 RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: STEPHEN KORONKA, 0000 BRIAN G. YONISH, 0000 To be vice admiral HUGH S. KROELL, JR., 0000 JAMES YOUNG, 0000 DAVID R. LAIB, 0000 JOHN ZAREM, 0000 VICE ADM. WALTER F. DORAN, 0000 STEVEN R. LAPP, 0000 ROSANNE V. LEAHY, 0000 DEPARTMENT OF TRANSPORTATION THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT LINDA M. LENAHAN, 0000 SUE BAILEY, OF MARYLAND, TO BE ADMINISTRATOR TO THE GRADE INDICATED IN THE UNITED STATES PATRICIA A. LEONARD, 0000 NAVAL RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: OF THE NATIONAL HIGHWAY TRAFFIC SAFETY ADMINIS- FREDERICK S. LOCHTE, 0000 TRATION, VICE RICARDO MARTINEZ, RESIGNED. To be captain RAYMOND K. LOFINK, 0000 ADRIEL LOPEZ, 0000 WILLIAM B. ACKER III, 0000 TERRY M. LOUIE, 0000 f DENNIS L. ANDERSON, 0000 BRIAN M. MADDEN, 0000 JAMES W. ANTHAMATTEN, 0000 CLOVIS E. MANLEY, 0000 PAUL E. ANTONIOU, 0000 CHARLES J. MARDEN, JR., 0000 WITHDRAWAL TERRENCE E. ARAGONI, 0000 MICHAELEEN MASON, 0000 ANA M. AVILLANROSA, 0000 JOHN W. MASTERS, 0000 Executive message transmitted by JAMES G. BAKER, 0000 WILLIAM J. MC ELLROY, JR., 0000 the President to the Senate on July 26, DANIEL J. BALBERCHAK, JR., 0000 JEANETTE L. MC GRAW, 0000 JOHN D. BALUCH, 0000 THOMAS P. MC GREGOR, 0000 2000, withdrawing from further Senate WENDY L. BARNES, 0000 CRAIG L. MEADOWS, 0000 consideration the following nomina- CRAIG L. BARTOS, 0000 L.M. MECKLER IV, 0000 JEFFREY J. BARTZ, 0000 IGNACIO I. MENDIGUREN, 0000 tion:

VerDate Mar 15 2010 20:53 Apr 17, 2014 Jkt 081600 PO 00000 Frm 00140 Fmt 0686 Sfmt 9801 C:\1999-2001-BOUND-RECORD\BR2000\JUL\S26JY0.REC S26JY0 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 26, 2000 CONGRESSIONAL RECORD—SENATE 16423 DEPARTMENT OF JUSTICE CONFIRMATION DEPARTMENT OF ENERGY JOHN R. SIMPSON, OF MARYLAND, TO BE A COMMIS- MILDRED SPIEWAK DRESSELHAUS, OF MASSACHU- SIONER OF THE UNITED STATES PAROLE COMMISSION Executive nomination confirmed by SETTS, TO BE DIRECTOR OF THE OFFICE OF SCIENCE, DE- FOR A TERM OF SIX YEARS (REAPPOINTMENT), WHICH the Senate July 26, 2000: PARTMENT OF ENERGY. WAS SENT TO THE SENATE ON JULY 19, 1999.

VerDate Aug 04 2004 13:23 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00141 Fmt 0686 Sfmt 9801 E:\BR00\S26JY0.005 S26JY0 16424 CONGRESSIONAL RECORD—HOUSE July 26, 2000 HOUSE OF REPRESENTATIVES—Wednesday, July 26, 2000

The House met at 10 a.m. and was MESSAGE FROM THE SENATE follow and whose hope he shares with called to order by the Speaker pro tem- A message from the Senate by Mr. many, especially young people and pore (Mr. OSE). Lundregan, one of its clerks, an- children, now in his current position. f nounced that the Senate has passed Finally, he is a man of determination with amendments in which the concur- who understands that we face chal- DESIGNATION OF THE SPEAKER lenges every day, not only as families, PRO TEMPORE rence of the House is requested, a bill of the House of the following title: but also as a Nation, challenges that The SPEAKER pro tempore laid be- will define our future. fore the House the following commu- H.R. 4040. An act to amend title 5, United Reverend McDowell is one of those States Code, to provide for the establishment nication from the Speaker: of a program under which long-term care in- special folks that provides advice and WASHINGTON, DC, surance is made available to Federal employ- guidance to those seeking answers to July 26, 2000. ees, members of the uniformed services, and life’s most difficult questions and prob- I hereby appoint the Honorable DOUG OSE civilian and military retirees, and for other lems. to act as Speaker pro tempore on this day. purposes. Mr. Speaker, Reverend McDowell has J. DENNIS HASTERT, The message also announced that the spent his entire life serving people. So Speaker of the House of Representatives. Senate disagrees to the amendment of it was very appropriate today that he f the House to the amendment of the came from North Carolina to join us PRAYER Senate to the bill (H.R. 2614) ‘‘An Act here in the people’s House to provide us to amend the Small Business Invest- with keen insight, a man of decision The Reverend C.F. McDowell, III, and dedication and determination who Baptist’s Children’s Homes of North ment Act to make improvements to the certified development company is, indeed, I am sure my colleagues will Carolina, Thomasville, North Carolina, agree, his words in his prayer offered offered the following prayer: program, and for other purposes,’’ re- quests a conference with the House on up to God have blessed us and will bless Almighty God, You are worthy of our us in this day of decision and dedica- time and attention as we begin this the disagreeing votes of the two Houses thereon, and appoints Mr. BOND, Mr. tion and determination for all of us and day. for America. For each person in this Chamber, BURNS, and Mr. KERRY, to be the con- may these moments represent a day ferees on the part of the Senate. f full of the blessings of Your loving The message also announced that ANNOUNCEMENT BY THE SPEAKER presence, amazing grace, guiding hand, pursuant to Public Law 106–65, the PRO TEMPORE sustaining strength, and perfect wis- Chair, on behalf of the Democratic Leader, and in consultation with the The SPEAKER pro tempore. The dom. Chair will receive 15 one-minute May each of us as Americans fulfill Ranking Member of the Senate Com- mittee on Armed Services, announces speeches on each side. the hope of the late Dr. Peter Marshall f in casting off all Pharisaical garments, the appointment of Alan L. Hansen, laying down the overcoats of smug AIA, of Virginia, to serve as a member TAX RELIEF WILL HELP THE complacence, putting aside self-inter- of the Commission on the National AMERICAN FAMILY est and pride, and become truly right- Military Museum. (Mr. GIBBONS asked and was given eous so that America might rise to her f permission to address the House for 1 God appointed destiny of world leader- INTRODUCTION OF REVEREND C.F. minute and to revise and extend his re- ship. McDOWELL III marks.) May Thy will be done in this place Mr. GIBBONS. Mr. Speaker, today is today above party and personality for (Mr. MCINTYRE asked and was given just another typical Wednesday for the the good of every American, peace in permission to address the House for 1 average hard-working American family the world, and Your glory. Amen. minute.) because, Mr. Speaker, millions of hard- Mr. MCINTYRE. Mr. Speaker, it is f working people will punch a time card with great pleasure that I recognize at work in order just to put food on the THE JOURNAL the gentleman who is today’s guest table and clothes on the back of their The SPEAKER pro tempore. The chaplain, the Reverend C.F. McDowell, children. Chair has examined the Journal of the III, who just offered our prayer. Yet, every day, the IRS takes far last day’s proceedings and announces A native of Greensboro, North Caro- more than its fair share out of the av- to the House his approval thereof. lina, Reverend McDowell currently erage American’s paycheck. Pursuant to clause 1, rule I, the Jour- serves as executive vice president of The continual greed of a bloated and nal stands approved. Special Ministries for the Baptist Chil- inefficient Washington bureaucracy is dren’s Homes of North Carolina. f being financed on the back of hard- He is immensely involved in commu- working Americans. PLEDGE OF ALLEGIANCE nity, civic and church-related activi- Mr. Speaker, by providing meaning- The SPEAKER pro tempore. Will the ties, and he has served the citizens of ful tax relief, parents will not have to gentleman from Illinois (Mr. WELLER) North Carolina through his decision, spend their extra time at a second job come forward and lead the House in the dedication, and determination. to make ends meet. Instead, these Pledge of Allegiance. He is a man of decision who has pro- hard-working parents will have more Mr. WELLER led the Pledge of Alle- vided support and guidance to many, time to spend with their kids or to lend giance as follows: including myself, and many others in time to their elderly family members. I pledge allegiance to the Flag of the many communities throughout North Tax relief can bring about a family United States of America, and to the Repub- Carolina. renewal. lic for which it stands, one nation under God, He is a man of dedication who has I am proud to be a part of a Repub- indivisible, with liberty and justice for all. provided a positive example for all to lican Congress dedicated to helping

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

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00001 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.000 H26JY0 July 26, 2000 CONGRESSIONAL RECORD—HOUSE 16425 American families by keeping Wash- really mean to say is that, when a doc- lief. Extremist Democrats believe just ington in check, balancing the budget, tor botches an abortion and the child is the opposite. They believe that if one paying off the national debt, protecting born alive, the doctor should still have does not subscribe to their beliefs and Social Security, strengthening Medi- the right to kill it. How far we have their view of the world, then one is in- care, and reducing taxes on every hard- fallen, Mr. Speaker? tolerant and must be chastised. working American. Thank you and I f These liberal Democrats are in error. yield back. Tolerance does not require a moral INTERNATIONAL CHILD equivalency. Rather, it implies a will- f ABDUCTION ingness to recognize and respect the be- PALESTINIANS NEVER MISS AN (Mr. LAMPSON asked and was given liefs of others. OPPORTUNITY TO MISS AN OP- permission to address the House for 1 The Boy Scouts are a model of inclu- PORTUNITY minute.) siveness. Today, boys of every ethnic, (Mr. LANTOS asked and was given Mr. LAMPSON. Mr. Speaker, this religious, and economic background, permission to address the House for 1 weekend I brought together inter- including those with disabilities and minute and to revise and extend his re- national leaders at a luncheon in Lon- special needs, participate in Scouting marks.) don to discuss the problem of inter- programs across America. Mr. LANTOS. Mr. Speaker, as has national parental child abduction. This I urge my colleagues to vote against happened so often before, the Palestin- is an issue that touches families every- this extremist measure promoted by ians never miss an opportunity to miss where and an issue, to be solved, needs liberal Democrats. an opportunity. to be addressed everywhere. The lunch- f The President and the Secretary of eon was very productive, and I hope State may be constrained by diplo- that it will lead to action by my for- ACCIDENTAL HOSPITAL DEATHS matic protocol, but those of us in this eign counterparts. National boundaries ARE HIGHER THAN ACCIDENTAL House who follow these events are not. are no barrier to the transportation GUN DEATHS This summit collapsed because Yasir and victimization of children. (Mr. TRAFICANT asked and was Arafat refused to budge. I pay high Today, there is no enforceable global given permission to address the House tribute to the President and his team. system to attack and address this prob- for 1 minute and to revise and extend I pay high tribute to Prime Minister lem. Despite legal, law enforcement, his remarks.) Barak, who has gone way beyond any- and diplomatic mechanisms, many Mr. TRAFICANT. Mr. Speaker, acci- thing that anybody could rationally cases are not identified. Many children dental deaths caused by doctors and expect in terms of compromise and giv- are not recovered. Many children who hospitals in America reached 120,000 ing. are located are not returned to their per year. Meanwhile, gun deaths have I deplore that Egypt and Saudi Ara- country of origin due to legal and pro- dropped 35 percent. In fact, accidental bia again encourage the most intran- cedural problems. This situation causes gun deaths dropped to 1,500 last year. sigent position possible on Arafat. anger, outrage, and pain for searching Think about it. We have got hos- Today, I am introducing legislation parents around the world. pitals slicing and dicing American peo- that would terminate all aid to the Unless urgent and rapid action is ple like Freddie Kruger, and Congress Palestinian Authority if a unilateral taken, more and more children will be is passing more gun laws. Beam me up. declaration of independence should be denied their most basic right, that of There is something wrong in America forthcoming. Such a declaration would having access to both parents. The when one is 80 times more likely to be mean new violence, and we cannot be challenge is now to find commitment killed by a doctor than Smith & party to it. I encourage all of my col- at both national and international lev- Wesson. Think about it, 80 to 1. Maybe leagues to join me. els to implement these actions. Family we need a gun in surgery. f disputes and divorce will never go I yield back the fact that the second away. Parental child abduction, how- amendment was not written to cover BORN ALIVE INFANTS ever, must be eradicated. just duck hunters. PROTECTION ACT f f (Mr. PITTS asked and was given per- mission to address the House for 1 OPPOSITION TO H.R. 4892, GORE SENIOR TAX POLICY minute and to revise and extend his re- SCOUTING FOR ALL ACT (Mr. STEARNS asked and was given marks.) (Mr. BUYER asked and was given permission to address the House for 1 Mr. PITTS. Mr. Speaker, ever since permission to address the House for 1 minute.) Roe v. Wade, Americans have debated minute and to revise and extend his re- Mr. STEARNS. Mr. Speaker, the Aus- the question, When does life begin? marks.) trian philosopher Karl Krauss once Some of us believe it starts at concep- Mr. BUYER. Mr. Speaker, the Su- wrote, ‘‘When the end comes, I want to tion, others at viability, and others, preme Court has ruled that the Boy be living in retirement.’’ amazingly, not until birth. Scouts of America, as a private organi- Many Americans in this country feel But once a baby has been born, ev- zation, has the right to set its own that way. They put in countless hours eryone agrees life has begun, and this standards for membership and leader- anticipating the day when they will re- baby is a new human being with all his ship. This allows the Scouts to con- tire. Unfortunately, the Clinton-Gore or her God-given rights. tinue developing young men of strong administration sees these benefits as a Well, what was once obvious seems to moral character without imposing the prime opportunity to grab more money have been called into question lately. mores on them that they find abhor- for the Federal Government. The Supreme Court shocked America rent. In 1993, the Clinton-Gore administra- recently by ruling that States may not Would my colleagues like a view of tion decided to tax up to 85 percent of ban partial birth abortions. Now we are extremist liberal Democrats who seek the Social Security benefits received hearing stories of children being born to control this House? They have filed by single seniors whose incomes were alive in abortion clinics and then left a bill to revoke the Boy Scouts Federal $34,000, and married taxpayers, seniors, to die. charter, a blatant attempt to under- with incomes exceeding $44,000. H.R. 4292, the Born Alive Infants Pro- mine the Supreme Court’s ruling and Worse yet, Mr. Speaker, because tection Act, codifies in law that, once a punish the Boy Scouts for their belief. these incomes were not indexed for in- baby is born, it is legally alive. Unbe- This bill promotes intolerance. The flation, the tax effects were more dra- lievably, the National Abortion Rights Boy Scouts respect other people’s right matic every year for our seniors. Action League and their allies call this to hold differing opinions than their This week the House will vote to end a renewed assault on Roe. What they own and ask others to respect their be- this burdensome tax and give seniors a

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00002 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.000 H26JY0 16426 CONGRESSIONAL RECORD—HOUSE July 26, 2000 well-deserved tax break. Seniors have I was so proud when this House SPACE STATION TEACHES COSTLY paid their fair share of taxes. It is time passed just this past week legislation LESSON we repeal the Clinton-Gore seniors’ wiping out the marriage tax penalty (Mr. DUNCAN asked and was given tax. for 25 million married working couples, permission to address the House for 1 f on average, $1,400. We made sure, if one minute and to revise and extend his re- suffers the marriage tax penalty, VETERANS RIGHT TO KNOW ACT marks.) whether one is a homeowner or not, Mr. DUNCAN. Mr. Speaker, yester- (Mr. PASCRELL asked and was given one receives relief. It deserves bipar- day’s lead front page story in the permission to address the House for 1 tisan support. I hope the President will Christian Science Monitor newspaper minute and to revise and extend his re- change his mind. was headlined, ‘‘Late, Costly Milestone marks.) Mr. PASCRELL. Mr. Speaker, I rise f for Space Base.’’ It was about the Space Station and U.S. costs now ap- this morning to commend this body for b 1015 passing two pieces of legislation yes- proaching $100 billion. When this terday that enhance the benefits of our GOP ACCOMPLISHMENTS project was first started in 1984, cost veterans, H.R. 4850 and H.R. 4864. It (Mr. BARTLETT of Maryland asked projections were only 6 to $8 billion. does not matter how many benefits we and was given permission to address This is the old Washington con game: provide our veterans if they do not the House for 1 minute and to revise Drastically low ball the cost estimates know what they are entitled to. and extend his remarks.) at the beginning, then spread the Throughout our Nation’s history, Mr. BARTLETT of Maryland. Mr. project around to as many congres- millions of men and women have Speaker, nothing we do in Congress can sional districts as possible and it will served in our Armed Forces during be accomplished alone. Today I want to never end. As the well-respected Monitor point- times of peace and times of war. They thank my colleagues on both sides of ed out yesterday, ‘‘The $96 billion sta- have defended the very freedoms our the aisle who have worked to make the tion is 21 2 country was founded upon. 106th Congress’ record one of accom- ⁄ years behind schedule and Too often our Nation’s heroes are not plishments and not of partisan grid- costs are burgeoning,’’ meaning still adequately informed about what their lock. going up. U.S. taxpayers have even had benefits are and what they are entitled This Congress has passed some of the to pay out an extra 3 to $5 billion to to. This is simply unacceptable. most solid education reform ever help the Russians participate. This Space Station will go down in We have introduced H.R. 3256, the brought before this body, measures history as the biggest boondoggle this Veterans Right to Know Act; and if that will give parents and teachers Nation has ever produced. Mr. Speaker, anyone has a right to know, our vet- more flexibility to meet students’ it just goes to show once again that the erans have a right to know. The Vet- unique needs. But that is not all. We Federal Government cannot do any- erans Right to Know Act requires the have also worked tirelessly to pay off thing in an economical, cost-effective Secretary of VA to prepare an annual our public debt portion of our national manner. outreach plan that will include efforts debt which is saddling children born to identify veterans who are not other- this year with a $13,300 debt burden. f wise enrolled or registered with the De- Our debt relief measures will save the RECOGNIZING EL PASO VET partment for benefits or services. average household an estimated $4,000 CENTER It enjoys the bipartisan support of 72 in interest payments over the next 10 House members. Veterans have served (Mr. REYES asked and was given per- years. Think of what American fami- this country. We are accountable to mission to address the House for 1 lies can do with $4,000 in additional in- our veterans, and we are going to de- minute.) come. liver. Mr. REYES. Mr. Speaker, I rise to The 106th Congress has an agenda for recognize an outstanding institution in f success, and I am proud to be a part of my district, the Department of Vet- MARRIAGE TAX PENALTY RELIEF it. erans Affairs El Paso Vet Center which DESERVES SUPPORT f has served the veterans of west Texas (Mr. WELLER asked and was given and southern New Mexico for the last BIG BROTHER IS READING OUR E- permission to address the House for 1 21 years. The center provides quality MAIL minute and to revise and extend his re- care to improve the lives of men and marks.) (Ms. MCKINNEY asked and was given women who fought and defended our Mr. WELLER. Mr. Speaker, have you permission to address the House for 1 Nation’s security and freedom. These heard Bill Clinton and AL GORE’s latest minute.) services are provided with incredible definition of rich? Bill Clinton and AL Ms. MCKINNEY. Mr. Speaker, al- compassion and understanding. GORE say that, if one is married and though it is 16 years after the titled Through counseling, guidance and re- one is a homeowner or if one is married date of 1984 in George Orwell’s novel of habilitation programs, the center is an and one gives money to church and the same name, Big Brother is really invaluable link between our veterans charity and one suffers the marriage here and now he is reading our e-mail. and the Department of Veterans Af- tax penalty, one is rich. Our constitutional rights to privacy fairs. By reaching out to more than Bill Clinton and AL GORE say now are currently being trampled by gov- 100,000 veterans in the El Paso area, the that they want to veto the Marriage ernment-sanctioned invasions cur- center makes an incredible difference Tax Elimination Act, legislation which rently over at the FBI. These privacy in our community. wipes out the marriage tax penalty for invasions use today’s latest technology It is veterans programs like this that 25 million married working couples through the FBI’s Carnivore system deserve the full support and apprecia- who, on average, pay $1,400 more in which monitors and captures our e- tion of this institution. Abraham Lin- higher taxes. They say that there are mail without our consent or our knowl- coln once said, ‘‘Let us strive on to fin- people that are homeowners, there are edge. ish the work we are in, to bind up the people that give money to church and What business is it of the U.S. Gov- Nation’s wounds, to care for him who charity, and there are people that ernment what I say in an e-mail to my shall have borne the battle and for his itemize their taxes, and because of family and to my friends? We must widow and his orphan.’’ that, they are rich, and they do not de- never knowingly allow any government Wars indeed have left behind men and serve marriage tax relief, and they agency to use our e-mail to do to us women who need our assistance. As we should be discriminated against and today what they did with other tech- celebrate the 25th anniversary of the should continue to receive and suffer nologies to Malcolm X and Martin Lu- end of the Vietnam War, I am proud to from the marriage tax penalty. ther King yesterday. recognize the El Paso Vet Center, an

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00003 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.000 H26JY0 July 26, 2000 CONGRESSIONAL RECORD—HOUSE 16427 institution that has continuously pro- nated the marriage penalty and death Duncan Kleczka Pitts Dunn Klink Pombo vided assistance to our Nation’s vet- tax. That is just to name a few. Edwards Knollenberg Pomeroy erans in El Paso. The Democrats have attacked these Ehlers Kolbe Porter f accomplishments as risky. But I do not Ehrlich Kucinich Portman think it is risky to give something Emerson Kuykendall Price (NC) THE FLEECING OF UTAH English LaFalce Pryce (OH) back to the very Americans who made PROPERTY OWNERS Eshoo LaHood Quinn this country great, the people. Etheridge Lampson Radanovich (Mr. HANSEN asked and was given Evans Lantos Rahall permission to address the House for 1 f Everett Largent Ramstad Farr Larson Rangel minute and to revise and extend his re- ANNOUNCEMENT BY THE SPEAKER Fattah Latham Regula marks.) PRO TEMPORE Filner LaTourette Reyes Mr. HANSEN. Mr. Speaker, the U.S. Fletcher Lazio Reynolds Constitution says that if the Govern- The SPEAKER pro tempore (Mr. Foley Leach Riley Forbes Lee Rivers ment takes private property, the owner OSE). Pursuant to clause 8, rule XX, the Chair will now put the question on Ford Levin Rodriguez of the property shall receive just com- Fossella Lewis (CA) Roemer pensation. In Washington County, each motion to suspend the rules on Fowler Lewis (GA) Rogan Utah, the desert tortoise was put on which further proceedings were post- Frank (MA) Lewis (KY) Rogers poned on Tuesday, July 25, 2000, in the Franks (NJ) Linder Rohrabacher the endangered species list. Therefore, Frelinghuysen Lipinski Ros-Lehtinen the U.S. Government required hun- order in which that motion was enter- Frost LoBiondo Rothman dreds of acres of tracts for that habi- tained. Gallegly Lofgren Roukema Ganske Lowey Roybal-Allard tat. About 30 taxpayers were involved. Votes will be taken in the following order: Gejdenson Lucas (KY) Royce They did not want to give up their Gekas Lucas (OK) Rush ground. They wanted to keep it. But H.R. 4033, by the yeas and nays; Gephardt Luther Ryan (WI) no, the Federal Government says, H.R. 4710, by the yeas and nays. Gibbons Maloney (CT) Ryun (KS) The Chair will reduce to 5 minutes Gilchrest Maloney (NY) Sabo ‘‘We’ve got to take that ground for this Gillmor Manzullo Salmon habitat.’’ And they said, ‘‘It’s not tak- the time for the second electronic vote Gonzalez Markey Sanchez ing your ground.’’ after the first such vote in this series. Goode Martinez Sanders Goodlatte Mascara Sandlin And then you ask, ‘‘What is it tak- f Goodling Matsui Sawyer ing?’’ Gordon McCarthy (MO) Saxton ‘‘Well,’’ they say, ‘‘you can keep your BULLETPROOF VEST Goss McCarthy (NY) Scarborough PARTNERSHIP GRANT ACT OF 2000 Graham McCollum Schaffer property but you can’t put your foot on Green (TX) McCrery Schakowsky it. You can pay taxes on your property, The SPEAKER pro tempore. The un- Green (WI) McDermott Scott but you can’t use it. We’re not taking finished business is the question of sus- Greenwood McGovern Sensenbrenner your property.’’ Gutierrez McHugh Serrano pending the rules and passing the bill, Gutknecht McInnis Sessions So the Federal Government offered H.R. 4033, as amended. Hall (OH) McIntyre Shadegg about one-fourth of the value of the The Clerk read the title of the bill. Hall (TX) McKeon Shaw ground. Now, is that fair? Is that just? The SPEAKER pro tempore. The Hansen McKinney Shays Hastings (FL) McNulty Sherman Is that just compensation? I do not question is on the motion offered by Hastings (WA) Meehan Sherwood think it is. the gentleman from Ohio (Mr. CHABOT) Hayes Meeks (NY) Shimkus Tom Brokaw of NBC does a program that the House suspend the rules and Hayworth Menendez Shows called The Fleecing of America. He Hefley Metcalf Shuster pass the bill, H.R. 4033, as amended, on Herger Mica Simpson used this land issue saying these poor which the yeas and nays are ordered. Hill (IN) Millender- Sisisky taxpayers fleeced the American Gov- The vote was taken by electronic de- Hill (MT) McDonald Skeen ernment when they got it for that vice, and there were—yeas 413, nays 3, Hilleary Miller (FL) Skelton Hilliard Miller, Gary Slaughter price. Well, he got it wrong, as the not voting 18, as follows: Hinchey Miller, George Smith (MI) press normally does. I am just amazed [Roll No. 439] Hinojosa Minge Smith (NJ) Hobson Mink Smith (TX) that the media misses one so far. Who YEAS—413 really got fleeced on this, Mr. Speaker? Hoeffel Moakley Snyder Ackerman Bonior Combest Hoekstra Mollohan Souder The people who got fleeced were those Aderholt Bono Condit Holden Moore Spence people that gave up their ground for Allen Borski Conyers Holt Moran (KS) Spratt one-fourth of the value. Andrews Boswell Cook Hooley Moran (VA) Stabenow Archer Boucher Cooksey Horn Morella Stearns f Armey Boyd Costello Hostettler Murtha Stenholm Baca Brady (PA) Cox Houghton Myrick Strickland REPUBLICAN ACCOMPLISHMENTS Bachus Brady (TX) Coyne Hoyer Nadler Stump (Mr. SAM JOHNSON of Texas asked Baird Brown (FL) Cramer Hulshof Napolitano Stupak Baldacci Brown (OH) Crane Hunter Neal Sununu and was given permission to address Baldwin Bryant Crowley Hutchinson Nethercutt Sweeney the House for 1 minute and to revise Ballenger Burr Cummings Hyde Ney Talent and extend his remarks.) Barcia Burton Cunningham Inslee Northup Tancredo Mr. SAM JOHNSON of Texas. Mr. Barr Buyer Danner Isakson Norwood Tanner Barrett (NE) Callahan Davis (FL) Istook Nussle Tauscher Speaker, Democrats are running Barrett (WI) Calvert Davis (IL) Jackson (IL) Oberstar Tauzin scared. Their message of fear, class Bartlett Camp Davis (VA) Jackson-Lee Obey Taylor (MS) warfare and big government has failed Bass Campbell Deal (TX) Olver Taylor (NC) Bateman Canady DeFazio Jefferson Ortiz Terry again. Even their own focus groups and Becerra Cannon DeGette John Ose Thomas polls tell them Americans want the Re- Bentsen Capps Delahunt Johnson (CT) Owens Thompson (CA) publican agenda of less taxes, less gov- Bereuter Capuano DeLauro Johnson, E. B. Oxley Thompson (MS) ernment and local control. Berkley Cardin DeLay Johnson, Sam Packard Thornberry Berman Carson DeMint Jones (NC) Pallone Thune And who can blame them? Just listen Berry Castle Deutsch Jones (OH) Pascrell Thurman to what the Republicans have accom- Biggert Chabot Diaz-Balart Kanjorski Pastor Tiahrt plished: we have created the longest Bilbray Chambliss Dickey Kaptur Payne Toomey Bilirakis Chenoweth-Hage Dicks Kasich Pease Towns economic expansion in America’s his- Bishop Clay Dingell Kelly Pelosi Traficant tory, balanced the budget, paid down Blagojevich Clayton Dixon Kennedy Peterson (MN) Turner the national debt, saved Medicare, Bliley Clement Doggett Kildee Peterson (PA) Udall (CO) locked away 100 percent of the Social Blumenauer Clyburn Dooley Kilpatrick Petri Udall (NM) Boehlert Coble Doolittle Kind (WI) Phelps Upton Security surplus, eliminated the Social Boehner Coburn Doyle King (NY) Pickering Velazquez Security earnings penalty, and elimi- Bonilla Collins Dreier Kingston Pickett Visclosky

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00004 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.000 H26JY0 16428 CONGRESSIONAL RECORD—HOUSE July 26, 2000 Vitter Weiner Wilson Cannon Hall (OH) McIntyre Sherwood Sweeney Velazquez Walden Weldon (FL) Wise Capps Hall (TX) McKeon Shimkus Talent Visclosky Walsh Weldon (PA) Wolf Capuano Hansen McKinney Shows Tancredo Vitter Wamp Weller Woolsey Cardin Hastings (FL) McNulty Shuster Tanner Walden Watkins Wexler Wu Carson Hastings (WA) Meehan Simpson Tauscher Walsh Watt (NC) Weygand Wynn Castle Hayes Meeks (NY) Sisisky Tauzin Wamp Watts (OK) Whitfield Chabot Hayworth Menendez Skeen Taylor (MS) Watkins Waxman Wicker Chambliss Hefley Metcalf Skelton Taylor (NC) Watt (NC) Chenoweth-Hage Herger Mica Slaughter Terry Watts (OK) NAYS—3 Clay Hill (IN) Millender- Smith (MI) Thomas Waxman Blunt Paul Sanford Clayton Hill (MT) McDonald Smith (NJ) Thompson (CA) Weiner Clement Hilleary Miller (FL) Smith (TX) Thompson (MS) Weldon (FL) NOT VOTING—18 Clyburn Hilliard Miller, Gary Snyder Thornberry Weldon (PA) Abercrombie Gilman Stark Coble Hinchey Miller, George Souder Thune Weller Baker Granger Tierney Coburn Hinojosa Minge Spence Thurman Wexler Barton Jenkins Vento Collins Hobson Mink Spratt Tiahrt Weygand Cubin McIntosh Waters Combest Hoeffel Moakley Stabenow Toomey Whitfield Engel Meek (FL) Young (AK) Condit Hoekstra Mollohan Stearns Towns Wicker Ewing Smith (WA) Young (FL) Conyers Holden Moore Stenholm Traficant Wilson Cook Holt Moran (KS) Strickland Turner Wise b 1049 Cooksey Hooley Morella Stump Udall (CO) Wolf Costello Horn Murtha Stupak Udall (NM) Woolsey So (two-thirds having voted in favor Cox Hostettler Myrick Sununu Upton Wu thereof), the rules were suspended and Coyne Houghton Napolitano Cramer Hoyer Nethercutt NAYS—4 the bill, as amended, was passed. Crane Hulshof Northup Moran (VA) Paul The result of the vote was announced Crowley Hunter Norwood Nadler Scott Cummings Hutchinson Nussle as above recorded. NOT VOTING—18 A motion to reconsider was laid on Cunningham Hyde Oberstar Danner Inslee Obey Barton McIntosh Tierney the table. Davis (FL) Isakson Olver Cubin Meek (FL) Vento f Davis (IL) Istook Ortiz Ewing Neal Waters Davis (VA) Jackson (IL) Ose Gilman Ney Wynn ANNOUNCEMENT BY THE SPEAKER Deal Jackson-Lee Owens Granger Smith (WA) Young (AK) DeFazio (TX) Oxley Jenkins Stark Young (FL) PRO TEMPORE DeGette Jefferson Packard 1057 The SPEAKER pro tempore (Mr. Delahunt John Pallone b DeLauro Johnson (CT) Pascrell So (two-thirds having voted in favor OSE). Pursuant to the provisions of DeLay Johnson, E.B. Pastor clause 8 of rule XX, the Chair an- DeMint Johnson, Sam Payne thereof), the rules were suspended and nounces that he will reduce to a min- Deutsch Jones (NC) Pease the bill was passed. imum of 5 minutes the period of time Diaz-Balart Jones (OH) Pelosi The result of the vote was announced Dickey Kanjorski Peterson (MN) as above recorded. within which a vote by electronic de- Dicks Kaptur Peterson (PA) vice may be taken on this additional Dingell Kasich Petri A motion to reconsider was laid on motion to suspend the rules on which Dixon Kelly Phelps the table. Doggett Kennedy Pickering the Chair has postponed further pro- Stated for: Dooley Kildee Pickett Mrs. MEEK of Florida. Mr. Speaker, on roll- ceedings. Doolittle Kilpatrick Pitts Doyle Kind (WI) Pombo call No. 440, final passage on H.R. 4710, Ille- f Dreier King (NY) Pomeroy gal Pornography Prosecution Act, I was un- Duncan Kingston Porter able to vote. Had I been present, I would have ILLEGAL PORNOGRAPHY Dunn Kleczka Portman PROSECUTION ACT OF 2000 Edwards Klink Price (NC) voted ‘‘yea.’’ Ehlers Knollenberg Pryce (OH) f The SPEAKER pro tempore. The un- Ehrlich Kolbe Quinn finished business is the question of sus- Emerson Kucinich Radanovich DISAPPROVING EXTENSION OF pending the rules and passing the bill, Engel Kuykendall Rahall MOST FAVORED NATION TRAD- English LaFalce Ramstad ING STATUS TO VIETNAM H.R. 4710. Eshoo LaHood Rangel The Clerk read the title of the bill. Etheridge Lampson Regula Mr. CRANE. Mr. Speaker, pursuant The SPEAKER pro tempore. The Evans Lantos Reyes to the previous order of the House, I question is on the motion offered by Everett Largent Reynolds call up the joint resolution (H.J. Res. Farr Larson Riley the gentleman from Ohio (Mr. CHABOT) Fattah Latham Rivers 99) disapproving the extension of the that the House suspend the rules and Filner LaTourette Rodriguez waiver authority contained in section pass the bill, H.R. 4710, on which the Fletcher Lazio Roemer 402(c) of the Trade Act of 1974 with re- Foley Leach Rogan yeas and nays are ordered. Forbes Lee Rogers spect to Vietnam, and ask for its im- This will be a 5-minute vote. Ford Levin Rohrabacher mediate consideration. The vote was taken by electronic de- Fossella Lewis (CA) Ros-Lehtinen The Clerk read the title of the joint vice, and there were—yeas 412, nays 4, Fowler Lewis (GA) Rothman resolution. Frank (MA) Lewis (KY) Roukema not voting 18, as follows: Franks (NJ) Linder Roybal-Allard The text of House Joint Resolution 99 [Roll No. 440] Frelinghuysen Lipinski Royce is as follows: Frost LoBiondo Rush H.J. RES. 99 YEAS—412 Gallegly Lofgren Ryan (WI) Abercrombie Bass Bonior Ganske Lowey Ryun (KS) Resolved by the Senate and House of Rep- Ackerman Bateman Bono Gejdenson Lucas (KY) Sabo resentatives of the United States of America in Aderholt Becerra Borski Gekas Lucas (OK) Salmon Congress assembled, That Congress does not Allen Bentsen Boswell Gephardt Luther Sanchez approve the extension of the authority con- Andrews Bereuter Boucher Gibbons Maloney (CT) Sanders tained in section 402(c) of the Trade Act of Archer Berkley Boyd Gilchrest Maloney (NY) Sandlin 1974 recommended by the President to Con- Armey Berman Brady (PA) Gillmor Manzullo Sanford gress on June 2, 2000, with respect to Viet- Baca Berry Brady (TX) Gonzalez Markey Sawyer Bachus Biggert Brown (FL) Goode Martinez Saxton nam. Baird Bilbray Brown (OH) Goodlatte Mascara Scarborough The SPEAKER pro tempore. Pursu- Baker Bilirakis Bryant Goodling Matsui Schaffer ant to the order of the House of Mon- Baldacci Bishop Burr Gordon McCarthy (MO) Schakowsky Baldwin Blagojevich Burton Goss McCarthy (NY) Sensenbrenner day, July 24, 2000, the gentleman from Ballenger Bliley Buyer Graham McCollum Serrano Illinois (Mr. CRANE) and a Member in Barcia Blumenauer Callahan Green (TX) McCrery Sessions support of the joint resolution each Barr Blunt Calvert Green (WI) McDermott Shadegg will control 30 minutes. Barrett (NE) Boehlert Camp Greenwood McGovern Shaw Barrett (WI) Boehner Campbell Gutierrez McHugh Shays Is there a Member in support of the Bartlett Bonilla Canady Gutknecht McInnis Sherman joint resolution?

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00005 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.000 H26JY0 July 26, 2000 CONGRESSIONAL RECORD—HOUSE 16429

Mr. MCNULTY. Mr. Speaker, I claim Earlier this month, the administra- you to support the renewal of the Jackson- the time in support of the joint resolu- tion concluded a bilateral trade agree- Vanik waiver this July as an important step tion. ment with Vietnam that will serve as in the normalization process. The SPEAKER pro tempore. The gen- the basis for a reciprocal extension of We stand ready to work with Congress to- wards renewal of the Jackson-Vanik waiver tleman from New York (Mr. MCNULTY) normal trade relations once it is trans- for Vietnam, which will help American busi- will control 30 minutes. mitted and approved by Congress. The nesses and farmers reach this important The Chair recognizes the gentleman trade agreement contains provisions on market. from Illinois (Mr. CRANE). market access in goods, trade in serv- Sincerely, Mr. CRANE. Mr. Speaker, I yield 15 ices, intellectual property protection American Apparel Manufacturers Associa- minutes of my time to my colleague, and investment which are necessary for tion, American Chamber of Commerce in the gentleman from Michigan (Mr. U.S. firms to compete in the Viet- Hanoi, American Chamber of Commerce in Ho Chi Minh City, American Chamber of LEVIN), and I ask unanimous consent namese market, the 13th most popu- lous in the world. Because Congress has Commerce in Hong Kong, American Chamber that he be allowed to yield further of Commerce in Japan, American Chamber of blocks of time. not yet approved a bilateral agree- Commerce in Singapore, American Chem- The SPEAKER pro tempore. Is there ment, the effect of the Jackson-Vanik istry Council, American Electronics Associa- objection to the request of the gen- waiver at this time is quite limited, en- tion, American Feed Industry Association, tleman from Illinois? abling U.S. exporters doing business in American Council of Life Insurers, American There was no objection. Vietnam to have access to U.S. trade Meat Institute, American Potato Trade Alli- GENERAL LEAVE financing programs, provided that ance, AMT—The Association for Manufac- Vietnam meets the relevant program turing Technology, Asia Pacific Council of Mr. CRANE. Mr. Speaker, I ask unan- American Chambers, Coalition for Employ- imous consent that all Members may criteria. At this time, I would insert into the ment Through Exports, Emergency Com- have 5 legislative days in which to re- mittee for American Trade, The Fertilizer RECORD a letter I received from over 40 vise and extend their remarks and to Institute, Footwear Distributors and Retail- include extraneous material on H.J. trade associations supporting Viet- ers of America, The Grocery Manufacturers Res. 99. nam’s Jackson-Vanik waiver as an im- of America, and Information Technology In- The SPEAKER pro tempore. Is there portant step in the ability of the U.S. dustry Council. objection to the request of the gen- business community to compete in the International Association of Drilling Con- tractors, International Mass Retail Associa- tleman from Illinois? Vietnamese market. July 19, 2000. tion, National Association of Manufacturers, There was no objection. National Association of Wheat Growers, Na- Hon. PHILIP CRANE, b 1100 U.S. Congress, tional Corn Growers Association, National Washington, DC. Oilseed Processors Association, National Po- Mr. CRANE. Mr. Speaker, I yield my- tato Council, National Retail Federation, self such time as I may consume. DEAR REPRESENTATIVE CRANE: As members of the American business and agricultural New Orleans Regional Chamber of Com- Mr. Speaker, I rise in opposition to community, we strongly support action to merce, National Foreign Trade Council, H.J. Res. 99 and in support of Viet- normalize trade relations with Vietnam. Re- North American Export Grain Association, nam’s Jackson-Vanik waiver. Over the newal of the Jackson-Vanik waiver is a key North American Millers’ Association, Oregon past decade, the United States has step in this process. We oppose H.J. Resolu- Potato Commission, Pacific Basin Economic taken gradual steps to normalize our tion 99, which would overturn the waiver, Council—U.S. Committee, Sporting Goods Manufacturers Association, Telecommuni- bilateral relations with Vietnam. This and urge you to vote against the resolution when it comes to the floor Wednesday, July cations Industry Association, U.S.-ASEAN process has borne tangible results on Business Council, U.S. Association of Im- the full range of issues on our bilateral 26, 2000. Renewal of the Jackson-Vanik waiv- er will ensure that U.S. companies and farm- porters of Textiles and Apparel, U.S. Cham- agenda including increased accounting ers exporting to Vietnam will maintain ac- ber of Commerce, U.S.-Vietnam Trade Coun- of our missing in action, MIAs; sub- cess to critical U.S. export promotion pro- cil, Washington State Potato Commission, stantial progress on remaining immi- grams, such as those of the U.S. Export-Im- and Wheat Export Trade Education Commis- gration cases; and increased trade and port Bank, the Overseas Private Investment sion. investment opportunities for U.S. firms Corporation, and agricultural and maritime Although the practical effect of Viet- and workers. credit programs. Ultimately, the Jackson- nam’s Jackson-Vanik waiver is small The paramount issue in our bilateral Vanik waiver, plus the bilateral trade agree- at this time, its significance is that it relationship with Vietnam remains the ment, will lead the way for normal trade re- permits us to stay engaged with Viet- lations, enabling American companies and fullest possible accounting of MIAs. products to compete effectively with Euro- nam and to pursue further reforms on Since 1993, 288 sets of remains of U.S. pean and Asian companies and products in the full range of issues on the bilateral servicemen have been repatriated and the Vietnamese market. agenda. fate has been determined for all but 41 Important progress in the bilateral rela- Terminating Vietnam’s waiver will of 196 persons associated with last tionship has been made this year. The agree- give Vietnam an excuse to halt further known-alive cases. ment on trade relations between the U.S. reforms. I ask my colleagues not to Future progress in terms of the abil- and Vietnam has just been successfully con- take away our ability to pressure the cluded, paving the way to full normalization ity of U.S. personnel to conduct exca- of trade relations. The bilateral trade agree- Vietnamese for progress on issues of vations, interview eye witnesses and ment, which addresses issues relating to importance to the United States and I examine archival items is dependent trade in goods and farm products, trade in urge a no vote on H.J. Res. 99. upon continued cooperation by the Vi- services, intellectual property rights and for- Mr. Speaker, I reserve the balance of etnamese. eign investment, creates more open market my time. On immigration, the central issue to access, greater transparency and lower tar- Mr. McNULTY. Mr. Speaker, I ask the Jackson-Vanik waiver, more than iffs for U.S. exporters and investors in Viet- unanimous consent that half of my 500,000 Vietnamese citizens have en- nam. time be yielded to the gentleman from Also this year, the Ex-Im Bank framework tered the United States under the or- agreements, which allow Ex-Im to open oper- California (Mr. ROHRABACHER) and that derly departure program in the past 10 ations in Vietnam, were concluded and OPIC he be permitted to allocate that time to 15 years. As a result of steps taken made its first loan to a U.S. company in as he sees fit. by Vietnam to streamline its immigra- Vietnam. In March Secretary of Defense Wil- The SPEAKER pro tempore (Mr. tion process, more than 98 percent of liam Cohen became the first U.S. Defense OSE). Is there objection to the request cases in the resettlement opportunity Secretary to visit Vietnam in 25 years. of the gentleman from New York? for Vietnamese returnees have been The American business and agricultural There was no objection. community believes that a policy of eco- cleared for interview. nomic normalization with Vietnam is in our Mr. MCNULTY. Mr. Speaker, I yield Currently, Vietnam has agreed to national interest. Last year, the House de- myself such time as I may consume. help us reinstate a refugee program for feated the resolution of disapproval on Jack- Mr. Speaker, I rise in support of joint former U.S. Government employees. son-Vanik by a vote of 297 to 130. We urge resolution 99, which disapproves the

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00006 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.000 H26JY0 16430 CONGRESSIONAL RECORD—HOUSE July 26, 2000 President’s determination to waive the sive embargo that had been in place a subsidy by the American people, the Jackson-Vanik freedom of information since 1975. In 1995, we reopened the taxpayers of American businessmen requirement for Vietnam. Others will American Embassy in Hanoi. In 1998, that want to invest in Vietnam. Invest- point out that this debate is not about the President decided to waive the ing in Vietnam? That does not mean extension of normal trade relations Jackson-Vanik prohibitions. This body selling American products in Vietnam. with Vietnam but rather about the supported that decision with decisive That means setting up manufacturing more limited issue of whether Vietnam margins. Each of these steps was a long units in Vietnam to take advantage of should be eligible to participate in U.S. time in evolving. Each responded to the fact that that country is a brutal credit and credit-guaranteed programs. positive developments in Vietnam. No- dictatorship that does not permit Technically, Mr. Speaker, that is cor- tably, the government of Vietnam has unions, that does not permit strikes, rect. However, I think we all know that improved cooperation in the location and thus there is virtual slave labor this debate is about something much of U.S. servicemen and women missing there at a cheap price. more important. As I said last year, in Vietnam, and there has been im- Do we really want to give taxpayer Mr. Speaker, I do not oppose the even- provement in the administration of subsidies and encourage American tual normalization of relations with programs to facilitate the resettlement businessmen to close factories in the Vietnam, but I do oppose declaring of Vietnamese wishing to immigrate. United States and open them up to business as usual while the remains of We must be clear concerning what to- take advantage of that type of market? American servicemen are still being re- day’s vote is about, and what it is not That is immoral. It is immoral against covered. about. the people of Vietnam and it is against According to the Department of De- Today we simply vote on whether to the well-being of our own people. We fense, we are receiving newly discov- approve or disapprove the Jackson- are sinning against our own people by ered remains on a fairly frequent basis. Vanik waiver for Vietnam for an addi- providing subsidies for our business- As recently as June 3, last month, Mr. tional year. Approving the waiver will men to close up operations here and Speaker, the possible remains of three continue the availability of export-re- open up there in a dictatorship. American military personnel were re- lated financing from OPIC, Ex-Im It has been 2 years, Mr. Speaker, covered. Can we not wait until this Bank, and the Department of Agri- since President Clinton issued the first process is completed? culture. Disapproving the waiver will Jackson-Vanik waiver for Vietnam. Mr. Speaker, on August 9, 1970 my cut off those sources of financing with Each year we have been assured by this brother, HM3 William F. McNulty was an impact on U.S. exports, our administration and by our ambassador killed in Vietnam. He was a Navy med- businesspeople and our workers. Ap- to Hanoi that this action would lead to ical corpsman transferred to the Ma- proving the waiver will not extend greater political openness and pros- rines. He spent his time patching up most favored nation status to goods perity for the Vietnamese people and a his buddies, and one day he stepped on and services from Vietnam. Imports better economic climate for American a land mine and lost his life. That was from Vietnam will remain subject to investors so they would not need those a tremendous loss for our family, and I restrictive tariffs until the Congress subsidies. Unfortunately, the exact op- can tell my colleagues from personal approves a bilateral trade agreement. posite has happened. experience that while the pain may Two weeks ago, our country did, in As The Washington Post stated on subside it never goes away. fact, sign a trade agreement with Viet- May 3, Vietnam remains a one-party There is a difference between what nam, negotiated over a period of 4 state, rampant with corruption that re- the McNulty family went through and years. However, that agreement is not tards foreign investment, and the Com- what an MIA family goes through. Be- before the House today. When the munist party fears more openness to cause Bill’s body was returned to us, President eventually submits it for ap- the outside world could bring in more we had a wake and a funeral and a bur- proval, we will have to give careful political heterodoxy for which the ial. What we had, Mr. Speaker, was clo- consideration to a number of issues, in- party shows zero tolerance, end of sure. I can only imagine what the fam- cluding the extent of Vietnam’s com- quote. ily of an MIA has gone through over mitments, the extent to which it is im- In a recent Human Rights Watch, re- these past several decades. plementing its commitments, our abil- ports link the ongoing persecution of Mr. Speaker, until there is a more ity to monitor and enforce those com- dissidents and religious believers in complete accounting of those missing mitments and Vietnam’s compliance Vietnam to the pervasive economic and in action, this waiver should not be with international standards in areas political corruption in that country. granted. including labor and the environment. Mr. Speaker, I reserve the balance of Fully normalizing relations with There is no free press in Vietnam. All my time. Vietnam is a long-term task. It re- information is controlled by the state. Mr. LEVIN. Mr. Speaker, I ask unan- quires us to work with Vietnam, in- Radio Free Asia broadcasts are jammed imous consent that the gentleman cluding through the provision of tech- routinely. from Louisiana (Mr. JEFFERSON) be al- nical assistance. For now, we must pre- The repeated promises by Hanoi of lowed to yield further time. serve the forward momentum that has economic reform have been no more The SPEAKER pro tempore. Is there developed over the past 6 years. To cut credible than their pledges in 1973 at objection to the request of the gen- off programs now would be to pull out the Paris Peace Agreement that the tleman from Michigan? the rug from under U.S. producers of Communist violence against the people There was no objection. goods and services. of South Vietnam would end and that Mr. LEVIN. Mr. Speaker, I yield my- In short, let us keep intact the there would be peaceful elections rath- self such time as I may consume. groundwork upon which a meaningful er than bombs in resolving that war. Mr. Speaker, I rise in opposition to and enduring relationship hopefully There is still not even the slightest H.J. Res. 99. I support the President’s could be built. hint of a free and fair election or oppo- decision to waive the Jackson-Vanik Mr. Speaker, I reserve the balance of sition parties in Vietnam. prohibitions with respect to Vietnam my time. In that repressive government, it is for an additional year. Mr. ROHRABACHER. Mr. Speaker, I hardly surprising that foreign inves- This action takes place against a yield myself such time as I may con- tors and businessmen are bailing out. backdrop of bitter relationships in the sume. They are bailing out, but let us come past with Vietnam. Memories of those Mr. Speaker, I rise in strong support by and save them. Let us use taxpayer years remain, and appropriately so. of H.J. Res. 99. The American people subsidies and give them an encourage- Over the past 5 years, the U.S. has and our colleagues should listen care- ment to stay there in that corrupt and gradually been reengaging with Viet- fully to this debate. What is it about? support that corrupt and undemocratic nam. In 1994, we lifted the comprehen- It is about trade subsidies. It is about society, that tyrannical regime.

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00007 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.000 H26JY0 July 26, 2000 CONGRESSIONAL RECORD—HOUSE 16431 b 1115 tors by again reflexively supporting soldiers and to answer, finally, the As this panel is aware, the Jackson- the President’s bogus Jackson-Vanik questions of their loved ones here. It is Vanik provision primarily addresses waiver. I propose that we get the Com- the wrong direction for our efforts to the issue of freedom of immigration munists to give the Communist dic- influence the Vietnamese people, 65 and migration for people who fear or tators in Vietnam to give a strong mes- percent who were not even born when who have had the experience of perse- sage from the United States Congress the war was being waged. cution. The Vietnam Exit Permit sys- that corruption, mismanagement and Let us not turn back the clock on tem for immigration, including the tyranny will no longer be tolerated, Vietnam. Let us continue to work with longtime reeducation camp survivors, much less subsidized. them and, in doing so, teach the youth- Amer-Asians, Americans, Montagnards Mr. Speaker, I reserve the balance of ful Vietnamese the values of democ- and other people who have an interest my time. racy, the principles of capitalism, and in the United States of America, that Mr. CRANE. Mr. Speaker, I yield my- the merits of a free and open society. state remains ripe for corruption. self such time as I may consume. Mr. MCNULTY. Mr. Speaker, I yield 2 Many Vietnamese on the U.S. migra- Our colleagues should have received minutes to the gentlewoman from Ohio tion list have not been able to come to a letter yesterday, in fact, and it was (Ms. KAPTUR). the United States because they could initiated by our distinguished col- Ms. KAPTUR. Mr. Speaker, I thank not afford to pay the bribes. league on the minority side, the gen- the gentleman for yielding me this Contrary to the claims that we have tleman from California (Mr. MATSUI), time, and I support the McNulty reso- just heard here today, there has been and the gentleman from Nebraska (Mr. lution to disapprove the extension of no progress in the MIA/POW issue. BEREUTER) on ours; and in it it explains trade waiver authority with Vietnam. Hanoi has not even released the something, and there is one paragraph Mr. Speaker, last year I supported records. This Member has repeatedly, I would like to read to my colleagues: the exact opposite position, in hopes and last year, I might add, I made the ‘‘At this time, Vietnam’s waiver only that there would be signs in Vietnam same demand, but I have made this allows that country to be reviewed for that, in fact, that government would move toward a more open society. over and over again: if you want to possible coverage by U.S. trade financ- There are no signs of that, and polit- prove good faith to us, simply release ing programs, such as those adminis- ical repression continues. Talk to peo- the records that you have of the pris- tered by the Overseas Private Invest- ple who live here in the United States ons that you held Americans in during ment Corporation, OPIC; the Export- who have relatives in Vietnam; many the war. Just give us those records. Import Bank, Exim; and the U.S. De- How about giving us the records of the live in the Washington area. partment of Agriculture, USDA. Viet- What was even more troubling to me facility that held our American ambas- nam is not automatically covered by sador, Pete Peterson. Just give us and the reason for this change in my these programs as a result of its Jack- own position, and I am not going to use those records so we can examine it to son-Vanik waiver.’’ see how many prisoners you really had. the person’s name, but one of the two Mr. Speaker, I yield 2 minutes to the most important Americans in charge of They have not given us those records gentlewoman from Illinois (Mrs. after repeated demands. That is a sign shaping U.S. policy toward Vietnam BIGGERT). of bad faith, and it is bad faith in the was speaking with me the other day; Mrs. BIGGERT. Mr. Speaker, I thank and I said, what are you going to do whole MIA/POW effort. the gentleman from Illinois (Mr. Mr. Speaker, my joint resolution dis- about the treatment of workers in CRANE), chairman of the Subcommittee approving the President’s waiver for Vietnam under this trade authority to on Trade, for yielding me this time. give them dignity, whether they are the corrupt Vietnamese dictatorship Mr. Speaker, I rise today to urge my does not intend to isolate Vietnam or working for a U.S.-based company or colleagues to oppose the resolution dis- to stop U.S. companies from doing some other multinational working over approving the President’s extension of business there. It simply prevents the there? And this American said to me, the Jackson-Vanik waiver for Vietnam. Communist Vietnam regime from en- oh, that is not a trade issue, that is Rejecting this resolution is especially joying a trade status that enables probably more cultural. That offended important now that the United States American businessmen, now listen to me so much. and Vietnam have signed a bilateral this, to make increasingly risky in- Mr. Speaker, I think our government trade agreement which will allow Viet- vestments with loan guarantees and is on the wrong song sheet here. We nam in the future to gain Normal subsidies provided by the American ought to be for developing a civil soci- Trade Relations status renewable on an taxpayer. ety in Vietnam, beginning with human- Why are we giving this perverse in- annual basis. But before that bilateral itarian linkages, as our community is centive for American companies to agreement is approved by Congress, we trying to do by helping build schools shut down their operations here or must continue the process of normal- and clinics. We ought to be having edu- even refrain from opening up oper- izing trade relations with Vietnam cational exchanges to teach people ations in countries that are struggling that began when we ended our trade something about democracy-building. to be democratic and instead, to invest embargo 6 years ago. We ought to have family reunification. in dictatorships like Vietnam and Over these few years, good progress We ought to have arts and cultural ex- China. If private banks and insurance has been made. From its accounting of changes; but by golly, when top-rank- companies will not back up these pri- U.S. POWs and MIAs, to its movement ing people from our own government vate ventures, why should the Amer- to open trade with the world, to its fail to see that the basis of Jackson- ican taxpayer do that? American tax- progress on human rights, Vietnam has Vanik is that political repression is payers should not be asked to do this. taken the right steps. Vietnam is not wrong and this Nation ought to stand Rampant corruption and mismanage- there yet, but Vietnam is moving in up for liberty at every cost, we ought ment, as well as the abuse of the mi- the right direction. to bring back those who are missing in gration program, the lack of free trade Mr. Speaker, House Joint Resolution action and call the government of Viet- unions, the suppression of freedom of 99 is the wrong direction for us to take nam to task on that. expression, and the persecution of dis- today. Who is hurt if we pass this reso- But we need to support the McNulty sidents and religious believers, these lution? We are. It is the wrong direc- resolution and deny the additional ex- are valid reasons to oppose the Jack- tion for U.S. farmers and manufactur- tension, because it is in freedom’s in- son-Vanik waiver, and also it is not in ers who do not have a level playing terests here and abroad. our interests to make sure the Amer- field when they compete with their Eu- Mr. JEFFERSON. Mr. Speaker, I ican people are shortchanged by sub- ropean or Japanese counterparts in yield myself such time as I may con- sidizing investments in dictatorships. Vietnam. It is the wrong direction for sume. Mr. Speaker, we do no favors for the our joint efforts with the Vietnamese Mr. Speaker, I rise to urge support of Vietnamese people or American inves- to account for the last remains of our the Jackson-Vanik waiver by voting no

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00008 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.000 H26JY0 16432 CONGRESSIONAL RECORD—HOUSE July 26, 2000 on H.J. Res. 99, to encourage progress lic of Vietnam, political freedoms are b 1130 by Vietnam on a host of issues impor- gone, all religious freedom is gone, eco- Mr. GILCHREST. Mr. Speaker, I tant to the United States. nomic freedom has been systematically thank the gentleman for yielding me It is undeniable that we have had a abolished for the people there. this time. very troubled history with Vietnam, Now, the State Department tells us Mr. Speaker, I rise in opposition to and we still have difficult issues. The that the Vietnamese government the resolution from the gentleman scars of the past, as we have seen evi- quote, ‘‘maintains an autocratic one- from California (Mr. ROHRABACHER) and denced today, and this discussion run party state that tolerates no opposi- support the Jackson-Vanik waiver. very deep; and we could never forget tion.’’ Earlier this year, I visited Viet- In the 1870s, France colonized Viet- those who sacrificed their lives in the nam and I saw firsthand the Com- nam. From 1940 to 1945, the Japanese service of that country there. munist Party’s harassment of those Vi- and the French collaborated to oppress But isolating Vietnam will not heal etnamese citizens who decide to peace- and colonize Vietnam. In 1945, Presi- these scars. Perhaps no one can speak fully set forth dissenting political and dent Roosevelt sent an agent, more authoritatively on that issue religious views. I visited several who Archemedis Patti of the OSS, the fore- than one of our former colleagues, Pete were under house arrest. runner of the CIA, to see what was Peterson, who is here with us today. going on in Vietnam and what should Pete Peterson was shot down flying his Now, we can argue whether or not en- happen after World War II, which was 67th mission during the Vietnam War gagement best advocates freedom in fought for self-determination around Vietnam. In fact, I believe engagement and spent 61⁄2 years as a prisoner of the world. war. After serving 6 years with us in does. If done right, a two-track policy Archemedis Patti suggested that Ho the U.S. House as a member of my of engaging Vietnam on economic re- Chi Minh was fighting for independence class in 1991, Pete Peterson returned to form, while pressuring it on its polit- against the French and the Japanese. Vietnam, this time as the first ambas- ical and religious repression with Roosevelt died. Archemedis Patti sador since the Communist takeover. Radio Free Asia and other means, persisted with President Truman. It is Ambassador Peterson’s remark- promises to promote the freedom the Throughout the 1950s, the OSS, which able optimism about the changes going Vietnamese people have long sought. turned into the CIA, recommended that on in Vietnam, I believe, that sheds the Trade in investment terms with Viet- the United States not become involved greatest light on what our policy to- nam, though, is not what this par- in the Vietnam conflict because it was ward Vietnam should be. So while seri- ticular piece of legislation addresses. a matter of a civil war and a matter of ous issues remain in our relationship Denying this waiver would not make a fight for independence. with Vietnam, the dialogue with the U.S. businesses any more or less free to Now, I know the decisions were tough Vietnamese on a full range of issues is do business in Vietnam. Approving this back then. In the 1940s and 1950s it was the foundation on which those issues resolution would simply disallow tax- Communist expansion, China fell to the can be resolved. payer dollars from being used to con- Communist, there was a Korean War For this reason, support for the Jack- tinue subsidizing U.S. companies to do and so on. But the United States got son-Vanik waiver for Vietnam and a no business in Vietnam. The reforms the involved in the conflict. I served in vote on this resolution is in our best Vietnamese government promises to Vietnam. I lost close friends in Viet- interests, I believe. make in its trade agreement with the nam. I knew men who are still to this Mr. Speaker, I reserve the balance of U.S. generally are comprehensive. day MIAs. I was proud to fight for the my time. They are comprehensive because the democratic process in the 1950s in Viet- Mr. ROHRABACHER. Mr. Speaker, I business climate in Vietnam right now nam. It is now 25 years later. The war vir- yield myself 30 seconds. is so bad. The Communist Party runs tually ended in 1975. The United States Mr. Speaker, we have heard here that the economy, making Vietnam ab- does have business interests around the this really is not about taxpayer sub- jectly poor, despite the talents and globe and in Vietnam. The United sidy, because what we are doing today drive of the Vietnamese people. The States does have humanitarian interest only makes possible that we will give economy is riddled with corruption, red around the world and in Vietnam. We taxpayer subsidies to American busi- tape, and cronyism. will not lose sight of those humani- nessmen for closing factories here and Mr. Speaker, the State Department tarian interests regardless of what any- opening up in this dictatorship in says, U.S. businesses find the Viet- body says about cultural interests. Southeast Asia, Vietnam. namese market is a tough place to op- So I highly recommend to my col- The fact is, that is what this debate erate. That is an understatement. leagues that we vote against the gen- is all about, whether or not it should American and European companies, tleman from California (Mr. ROHR- be permitted for American companies which eagerly entered Vietnam a few ABACHER), we stand firm in favor of the to receive these subsidies from the years ago, are in retreat. If they wish Jackson-Vanik waiver; and while we do American taxpayer that are not in the to stay the course, that is their deci- that, we salute Pete Peterson, the Am- interest of the American people so that sion; but we should not ask for a U.S. bassador to Vietnam from the United they can go over and manufacture Government subsidy to do that. States. things in Vietnam and then to export Mr. Speaker, we all hope that free- Mr. MCNULTY. Mr. Speaker, I yield 2 them back to the United States. That dom comes to Vietnam. Today we are minutes to the gentleman from Texas is what this is about, the same way it debating whether the U.S. Government (Mr. GREEN). is about this in China in our China de- subsidies for American business is a Mr. GREEN of Texas. Mr. Speaker, I bate, and what the gentleman from Illi- constructive way to promote this free- rise in support of H.J. Res. 99 and op- nois (Mr. CRANE) read confirms that. dom. I do not think that that case has pose the granting of the waiver for Mr. Speaker, I yield 21⁄2 minutes to been made for Vietnam, or from any Vietnam. the gentleman from California (Mr. Mr. Speaker, I do not believe Viet- other places, for that matter. I ask my ROYCE). nam has made significant improve- colleagues to support this resolution. Mr. ROYCE. Mr. Speaker, I thank the ments in allowing political express or gentleman for yielding, and I rise Mr. CRANE. Mr. Speaker, I would re- religious freedom. today in support of the Rohrabacher mind our colleagues that OPIC and Ex- I intend to support today’s resolution resolution. Im Bank help businesses in a majority opposing the waiver of the Jackson- Mr. Speaker, let me say that we have of countries around the globe; it is not Vanik provisions of the 1974 Trade Act. heard about the terrible human rights confined to Vietnam. The Communist government in Hanoi situation in Vietnam; and sadly, let me Mr. Speaker, I yield 2 minutes to the still clings to the belief that any form say it, in fact, is true. If we look at the gentleman from Maryland (Mr. of individualism is a threat to their rights abolished by the socialist repub- GILCHREST). grip on power.

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00009 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.000 H26JY0 July 26, 2000 CONGRESSIONAL RECORD—HOUSE 16433 Every year the House is asked to I had an opportunity to visit with our ket, closing factories in the United make exceptions to the countries who teams in the country that are seeking States, and then exporting their consistently oppress political dissent these remains and going through this produce that they produced with this and religious freedom. When is the intensive, arduous process. They will slave labor back to the United States, United States going to say enough is tell us the cooperation that they are again, competing with our own goods enough? getting from the government now that made by our own people? That is im- I understand that we are here today they did not get before. The program is moral. because of the tremendous economic working, not as fast as we would like, Let us just say, yes, I agree with the opportunities that are available in but the cooperation is in fact there. gentleman from Illinois (Mr. CRANE). Vietnam. I understand that. Vietnam In reaching an accord with the OPIC and Exim Bank, these are the ve- has the cheap labor and lax environ- United States on a comprehensive hicles that we use taxpayers’ dollars to mental regulations that we seem to trade agreement, which is not an issue subsidize this investment overseas. favor to produce our clothes and our before this Congress today, the govern- They do it with a lot of countries. But shoes. ment of Vietnam has also dem- we should put our foot down here today What would we get in return for onstrated that it is prepared to move and say dictatorships should not re- waiving the Jackson-Vanik provisions in the direction of transparency, fair ceive this kind of subsidy, especially of the 1947 Trade Act? Are we going to trade, and a more open economy that the dictatorship in Vietnam that has get more help in locating our missing will ultimately serve the people of that not cooperated in finding our missing servicemen? The legacy of the Vietnam nation well. in action and POWS. War will remain open and festering Our continued waiver of Jackson- Mr. Speaker, I reserve the balance of without a higher level cooperation Vanik, which is strongly supported by my time. from the government in Hanoi. a number of veterans organizations, Mr. CRANE. Mr. Speaker, I yield my- I hope that next year, if we repeat has encouraged Vietnam to implement self such time as I may consume. this process, the United States is not reforms that are needed to establish Mr. Speaker, our distinguished col- running a huge trade deficit with Viet- the basic labor and political rights we league, Ambassador Pete Peterson, was nam. Injecting large amounts of for- believe are critical. There is still much here a moment ago. He is over here on eign investment in Vietnam to bring room for improvement, to be sure, on the floor. I would like to recognize about social change is a flawed theory. all of these fronts, on freedom of ex- him. He spent 6 years with us here in We have been doing that with China for pression, on religious freedom, on labor the House. He spent 61⁄2 years in the years, and it still suppresses religious rights, on political rights; but the fact Hanoi Hilton, and he is doing an out- expression, and it still sells weapons to of the matter is progress is being made standing job as our Ambassador in some of the most unstable nations in because of this engagement. Vietnam. He assures me that he has the world. We should continue to encourage the records from the prison in which he It is interesting that the companies these reforms in Vietnam through ex- was held for 61⁄2 years. These records and businesses who are successful in panded trade, labor, and educational are now publicly available. our country because of the freedom of exchanges, again which are taking Mr. Speaker, I yield 2 minutes to the individualism and initiative want to place already; cooperation, environ- distinguished gentleman from Arizona take advantage of a society that sup- mental and scientific initiatives which, (Mr. KOLBE). presses it to the point, and that is the again, are already taking place. But we Mr. KOLBE. Mr. Speaker, I thank the very reason that our society and our need more of them. We need these ef- gentleman for yielding me this time. government is successful because, indi- forts to build a stronger relationship Mr. Speaker, I rise in opposition to vidually, we have the right to succeed. between the two countries to promote this House Joint Resolution 99. As a Mr. Speaker, I urge my colleagues to the kind of open and democratic soci- Vietnam veteran, I empathize with support the resolution. eties we believe they have a right to many of the arguments that I have Mr. JEFFERSON. Mr. Speaker, I enjoy. heard by some of the opponents to this yield 2 minutes to the distinguished Mr. ROHRABACHER. Mr. Speaker, waiver. I am concerned about the issue gentleman from California (Mr. will the Chair please let me know what of emigration of Vietnamese from that GEORGE MILLER). the time is remaining. country. I also, of course, want a full Mr. GEORGE MILLER of California. The SPEAKER pro tempore (Mr. accounting of our MIAs and POWs, and Mr. Speaker, I rise in opposition to this OSE). The gentleman from California our ambassador has been working very resolution and in support of the con- (Mr. ROHRABACHER) has 6 minutes re- hard on achieving that. tinuation of the Jackson-Vanik waiver maining. The gentleman from Lou- Of course I am concerned about reli- for Vietnam. isiana (Mr. JEFFERSON) has 8 minutes gious freedom and its state in a coun- Last year, 297 Members of the House remaining. The gentleman from New try like Vietnam. But I disagree with voted against a disapproval waiver. York (Mr. MCNULTY) has 81⁄2 minutes the proposed solutions that the other Since that time, major steps have been remaining. The gentleman from Illi- side suggested as denying the Jackson- taken in many areas of greatest con- nois (Mr. CRANE) has 7 minutes remain- Vanik waiver for Vietnam does nothing cern to the Congress and the American ing. to further the progress in any of these people with respect to issues between Mr. ROHRABACHER. Mr. Speaker, I areas. In fact, I believe it has just the the United States and Vietnam. yield myself 1 minute. opposite effect. The number of Vietnamese who have Mr. Speaker, first and foremost, let Let us put this vote today in its his- been able to leave the country to reset- us look again at the central issue. No torical perspective. It was 1991 that tle in the United States has reached matter how much people are trying to President Bush proposed a road map merely 16,000 in the first 6 months of deny it, the central issue is whether or for improving our relations with Viet- this year compared to 3,800 2 years ago. not the American taxpayer should be nam. To follow the road map, Vietnam Ambassador Pete Peterson, our subsidizing the investment by Amer- had to take steps to help us account for former colleague, has declared that ican businesses, not to sell American our missing servicemen. In return for ‘‘Vietnam’s cooperation on emigration products in Vietnam but to set up fac- this cooperation, the United States policy, the test issue for the Jackson- tories in Vietnam, to take advantage of agreed to move towards normalizing Vanik waiver, is exemplary.’’ Close co- their, basically, slave labor, people who relations in an incremental fashion. operation between our governments is have no right to form a union, people Progress has been made through the also continuing in the location, identi- who have no legal protections. Should years in that. In 1994, a second step was fication, and the return of remains, and we subsidize with our taxpayers’ dol- taken when President Clinton lifted in resolving the remaining MIA ques- lars American businessmen that want the trade embargo against Vietnam. In tions has been considerable. to go over there and exploit that mar- 1995, in response to further reforms by

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00010 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.000 H26JY0 16434 CONGRESSIONAL RECORD—HOUSE July 26, 2000 the Vietnamese, formal diplomatic re- States State Department reported in of our POW-MIAs. There is no more au- lations were established between the its 1999 review of the human rights sit- thoritative force and voice on this United States and Vietnam. In 1998, uation in Vietnam. issue than our former colleague and President Clinton issued the first waiv- What they are doing now in Vietnam now ambassador to Vietnam, Mr. Pete er for Vietnam under the Jackson- is that, instead of holding prisoners in Peterson, who supports this waiver. As Vanik procedures. This waiver, which prisons, they put them in house arrest a prisoner of war who underwent years was approved by this House by a very so that the rest of the nations will not of imprisonment in the notorious substantial margin, made American criticize them internationally. In fact, Hanoi Hilton, he should have every rea- products eligible for trade investment the last time I was in Vietnam, while I son to be skeptical and harbor bitter- programs such as Ex-Im and OPIC. was talking to a dissident under house ness against the Vietnamese. Yet he This year, an even more historic step arrest in his home, the government fig- believes the best course is to develop was reached when the United States ured out I was there. They sent their better relations between our two na- and Vietnam signed a bilateral trade police knocking on the door trying to tions. agreement which contained significant get through. I do not know, if I had not We have achieved progress on this concessions for the U.S. industry in had a couple of Marines there with me, POW-MIA issue because of our evolving Vietnam. what would have happened. relationship with the Vietnamese, not Now, this vote today is not going to b 1145 despite it. Without access to the jun- provide us with all the benefits of the gles and the rice paddies, to the infor- agreement, nor will it mean that we But the situation is that dissidents mation and documents, and to the wit- will have normal trade relations with do not have an ability to speak their nesses of these tragic incidents, it Vietnam. That will require an addi- mind under this government. So I ask would be impossible to give the fami- tional vote by Congress. But today’s again, why should we reward that gov- lies of the missing the answers our vote does send a message that Congress ernment with a Jackson-Vanik waiver? country owes them. supports the policy of continued en- It was just 2 months ago when the Vi- We are making progress and pro- gagement with Vietnam. I believe that etnamese police placed Ha Si Phu viding these answers. Much of this is has helped us. under house arrest and threatened to due to the Joint Task Force—Full Ac- I urge a no vote on this resolution. charge him with treason. The Viet- counting, our military presence in ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE namese authorities apparently believe Vietnam tasked with looking for our The SPEAKER pro tempore. The that Mr. Ha is connected to an open ap- missing. I have visited with these Chair wishes to remind all Members peal for democracy issued by intellec- young men and women, and they are that references to the presence on the tual dissidents. If convicted, he could among the most brave and motivated floor of non-Members during debate is face the death penalty. troops I have ever met. Every day, not appropriate. Sadly, this is not the first time that from the searches of jungle battle sites Mr. MCNULTY. Mr. Speaker, I yield 4 Ha Si Phu has been harassed by au- to the excavation of crash sites on pre- minutes to the gentlewoman from Cali- thorities for peacefully expressing his carious mountain summits, they put fornia (Ms. SANCHEZ). views. In recent years, he has become themselves in harm’s way to perform a Ms. SANCHEZ. Mr. Speaker, I thank well known at home and abroad for his mission they truly believe in. the gentleman from New York (Mr. political discourses and for focusing It is moving to see these young men MCNULTY) for yielding me this time. international attention on Vietnam’s and women, some who were not even As the Congresswoman who rep- terrible human rights record. For his born when our presence was so involved resents the largest Vietnamese-Amer- efforts, he was imprisoned in December in Vietnam. They have told me time ican population in the United States in 1995 for a year; and he continues to be and time again one thing; allow us to Orange County, California, this Jack- under House arrest, like the rest of the remain on this job. son-Vanik is about the immigration people who speak up in Vietnam and The resolution before us today puts issue and the reunification of the fami- say that what they are doing is wrong. this at risk. I urge my colleagues to lies, the Vietnamese-American families How do we reward this country when please vote against this resolution. that we have here in our country. it punishes its citizens for exercising Mr. CRANE. Mr. Speaker, I yield 21⁄2 We have gone through the process. basic human rights; a country where a minutes to the gentleman from Ne- Our State Department has allowed that citizen is punished for speaking out braska (Mr. BEREUTER). these members of families come to the against what he or she believes is Mr. BEREUTER. Mr. Speaker, as United States, and then they run into a wrong? chairman of the Subcommittee on Asia problem. The problem is that the cor- Unfortunately, Mr. Ha’s situation is and the Pacific, this Member rises in rupt government of Vietnam charges not the only example of what we see opposition to the resolution. bribes of about $2,000 to try to get an over and over and over in this country. It is important for us, I think, to rec- exit for each person who is trying to Our ambassador, Mr. Pete Peterson, ognize what the Jackson-Vanik waiver come here to the United States to be says that human rights conditions are does and what it does not do. By law, with their family members. getting better. They are not. We have the underlying issue here is about im- Well, when one considers that the only to ask the relatives who live here migration. Based on Vietnam’s record household income in Vietnam is $300 a in the United States. of progress on immigration and its con- year, $2,000 is not an easy amount to I urge my colleagues to vote ‘‘yes’’ tinued cooperation on U.S. refugee pro- get one’s hands on to get one’s exit on this resolution. grams over the past year, renewal of visa so that one can come here and be Mr. JEFFERSON. Mr. Speaker, I the Jackson-Vanik waiver will con- with one’s family after our State De- yield 2 minutes to the gentleman from tinue to promote freedom of immigra- partment says, in fact, one should and Illinois (Mr. EVANS). tion. Disapproval would undoubtedly can be here in the United States. Mr. EVANS. Mr. Speaker, this vote result in the opposite. So on the issue of immigration, the today is a vote on whether we are truly The Jackson-Vanik waiver also sym- government of Vietnam has not held up dedicated to the hard work of getting bolizes our interest in further devel- its end. But in addition to that, why full accounting of our missing from the oping relations with Vietnam. Having should we, the United States, help a Vietnam War. lifted the trade embargo and estab- government that is so against human As the Veterans of Foreign Wars lished diplomatic relations 5 years ago, rights? have stated, passing this resolution of the United States has tried to work The government continues to repress disapproval will only hurt our efforts with Vietnam to normalize incremen- basic political and religious freedoms at a time in which we are receiving the tally our bilateral, political, economic, and does not tolerate most types of access and cooperation we need from and consular relationships. This is in public dissent. This is what the United the Vietnamese to determine the fate America’s own short-term and long-

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00011 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.000 H26JY0 July 26, 2000 CONGRESSIONAL RECORD—HOUSE 16435 term national interests. It builds on U.S. Government employees, which was sus- these reforms and will result in increased Vietnam’s own policy of political and pended in 1996. The renewal of the Jackson- American exports supporting jobs here at economic reintegration into the world. Vanik waiver is an acknowledgment of that home. This will be a lengthy and chal- progress. Disapproval of the waiver would, un- In a separate process with a separate vote lenging process. However, now is not doubtedly, result in Vietnam’s immediate ces- Congress will have to decide whether to ap- the time to reverse course on Vietnam. sation of cooperation. prove or reject this new trade agreement and Vietnam continues to cooperate fully Second, the Jackson-Vanik waiver also to grant NTR status to Vietnam. Given that the with our priority efforts to achieve the symbolizes our interest in further developing agreement has yet to even be transmitted to fullest possible accounting of American relations with Vietnam. Having lifted the trade Congress and there are only a limited number POW–MIAs. The Jackson-Vanik waiver embargo and established diplomatic relations of legislative days before the body’s scheduled supports this process. five years ago, the United States has tried to adjournment, this Member believes that these The Jackson-Vanik waiver certainly work with Vietnam to normalize incrementally decisions will not be made until the 107th does not constitute an endorsement of our bilateral political, economic and consular Congress meets next year. Thus, the Jackson- the Communist regime in Hanoi. We relationship. This policy is in America’s own Vanik waiver simply ensures that the modest cannot approve of a regime that places short- and long-term national interest. It builds trade opportunities currently available to Amer- restrictions on basic freedoms, includ- on Vietnam’s own policy of political and eco- ican businesses will continue until Congress ing the right to organize political par- nomic reintegration into the world. In the judg- considers the agreement. ties, freedom of speech, and freedom of ment of this Member, this will be a lengthy Sixth, contrary to the claims of some oppo- religion. On May 4, however, this body and challenging process. However, he sug- nents of the Jackson-Vanik waiver, renewal of passed a resolution condemning just gests that now is not the time to reverse the Jackson-Vanik waiver does not automati- such violations of human rights. course on Vietnam. cally make American investment in and ex- The Jackson-Vanik waiver does not Third, over the past five years, Vietnam has ports to Vietnam eligible for coverage by U.S. provide Vietnam with new trade bene- increasingly cooperated on a wide range of trade financing programs such as those ad- fits, including Normal Trade Relations, issues. The most important of these is the ministered by the Overseas Private Investment NTR, status. With the Jackson-Vanik progress and cooperation in obtaining the full- Corporation, the Export-Import Bank, and the waiver, the United States has been able est possible accounting of Americans missing U.S. Department of Agriculture. The waiver to successfully negotiate and sign a from the Vietnam War. Those members who only allows American exports and investments new bilateral commercial trades agree- attended the briefing by the distinguished Am- to be eligible for such coverage. Each must ment with Vietnam. Congress will have bassador to Vietnam, a former Prisoner of still face separate individual reviews against an opportunity in the future whether War and former Member of this body, the each program’s relevant criteria. to approve it or not, and whether to Honorable ‘‘Pete’’ Peterson, learned of the sig- Mr. Speaker, Americans must conclusively grant NTR or not, but that is a sepa- nificant efforts to which Vietnam is now ex- recognize that the war with Vietnam is over. rate process. The renewal of the Jack- tending to address our concerns regarding the With the restoration of diplomatic relations in son-Vanik waiver only keeps this proc- POW/MIA issue, including their participation in 1995, the United States and Vietnam em- ess going, nothing more. remains recovery efforts which are physically barked on a new relationship for the future. It Renewal of the Jackson-Vanik waiv- very dangerous. er does not automatically make Amer- Fourth, the Jackson-Vanik waiver does not will not be an easy or quick process. Vietnam ican exports to Vietnam eligible for constitute an endorsement of the Communist today remains a Communist country with very possible coverage by U.S. trade financ- regime in Hanoi. We cannot approve of a re- limited freedoms for its citizens. Significant re- ing programs. The waiver only allows gime that places restrictions on basic free- forms must occur before relations can be truly American exports to Vietnam to be eli- doms, including the right to organize political normal. The emotional scars of the Vietnam gible for such coverage. parties, freedom of speech, and freedom of re- war remain with many Americans. In the mid- Mr. Speaker, the war with Vietnam ligion. However, our experience has been that 1960’s, this Member was an infantry officer is over, and we have embarked upon a isolation and disengagement does not pro- and intelligence officer with the First Infantry new, although cautious, expanded rela- mote progress on human rights. New sanc- Division. Within a month of completing my tionship with Vietnam. Now is not the tions, including the symbolic disapproval of the service, members of my tight-knit detachment time to reverse this constructive Jackson-Vanik waiver, only strengthens the of that division were in Vietnam and taking course. Accordingly, this Member urges position of the Communist hard-liners at the casualties the first night after arrival. Like a ‘‘no’’ vote on the resolution. expense of those in Vietnam’s leadership who other Vietnam-era veterans, this Member has Having summarized the key reasons to op- are inclined to support more openness. En- emotional baggage. A great many Americans pose the resolution, this Member would like to gagement with Vietnam has resulted in some have emotional baggage about Vietnam, but expand on a few of these points. First, the improvements in Vietnam’s human rights prac- this Member would suggest that it is time to issue of emigration, which indeed, is what the tices, though we still remain disappointed at get on with our bilateral relationship and not Jackson-Vanik provision is all about. Since the very limited pace and scope of such re- reverse course on Vietnam. March of 1998, the United States has granted forms. As this Member mentioned, on May 4, Passing this resolution of disapproval of the Vietnam a waiver of the Jackson-Vanik emi- 2000, this body adopted a resolution con- Jackson-Vanik waiver would represent yet an- gration provisions of the Trade Act of 1974. As demning Vietnam’s human rights record. other reflection of animosities of the past at a this is only an annual waiver, the President Given the strong reaction to our resolution by time when Vietnam is finally looking ahead decided on June 2, 2000, the renew this ex- Hanoi, it is evident that our actions and con- and making changes towards its integration tension because he determined that doing so cerns did not go unnoticed. into the international community. A retrench- would substantially promote greater freedom Fifth, the Jackson-Vanik waiver does not ment on our part by this disapproval resolution of emigration from that country in the future. provide Vietnam with any new trade benefits, is not in America’s short and long term na- This determination was based on Vietnam’s including Normal Trade Relations (NTR) sta- tional interests. Accordingly, this Member record of progress on emigration and on Viet- tus. However, with the Jackson-Vanik waiver, strongly urges the rejection of House Joint nam’s continued cooperation on U.S. refugee the United States has been able to success- Resolution 99. programs over the past year. As a result, we fully negotiate a new bilateral commercial Mr. MCNULTY. Mr. Speaker, I would are approaching the completion of many ref- trade agreement with Vietnam. This agree- like to inquire of the Chair about the ugee admissions categories under the Orderly ment was signed two weeks ago in Wash- procedure for closing statements? Departure Program (ODP), including the Re- ington. In the opinion of this Member, this It is my understanding that the order settlement Opportunity for Vietnamese Return- agreement is in our own short and long term would be the gentleman from Cali- ees, Former Re-education Camp Detainees, national interest. Vietnam remains a very dif- fornia (Mr. ROHRABACHER), followed by ‘‘McCain Amendment’’ sub-programs and ficult place for American firms to do business. the gentleman from Louisiana (Mr. Montagnards. The Vietnamese Government Vietnam needs to undertake additional funda- JEFFERSON), followed by myself, and has also agreed to help implement our deci- mental economic reforms. This new bilateral then followed by the gentleman from sion to resume the ODP program for former trade agreement will require Vietnam to make Illinois (Mr. CRANE); is that correct?

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00012 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.000 H26JY0 16436 CONGRESSIONAL RECORD—HOUSE July 26, 2000 The SPEAKER pro tempore (Mr. and what the central issues are. We Mr. Speaker, I reserve the balance of OSE). The gentleman’s understanding is have heard that if we vote today for my time. correct. this resolution that these subsidies for Mr. JEFFERSON. Mr. Speaker, I Mr. MCNULTY. Mr. Speaker, I re- businessmen who go over there, who yield 2 minutes to the gentleman from serve the balance of my time. close factories in the United States and Texas (Mr. REYES). Mr. JEFFERSON. Mr. Speaker, I open up factories to produce goods with Mr. REYES. Mr. Speaker, I thank the yield 2 minutes to the gentleman from the slave labor in Vietnam and export gentleman for yielding me this time, Oregon (Mr. BLUMENAUER). them to the United States, will not and I rise this morning in support of Mr. BLUMENAUER. Mr. Speaker, I ‘‘automatically’’ be granted; will not maintaining the President’s waiver of thank the gentleman from Louisiana ‘‘automatically’’ have these subsidies Jackson-Vanik for Vietnam and in op- (Mr. JEFFERSON) for yielding me this available. position of this resolution. time, and I strongly associate myself We keep getting these words that Our policy of engagement with Viet- with the comments of my colleague, should make it very clear that is what nam is our most effective tool for in- the gentleman from Nebraska (Mr. BE- this debate is about. The debate is fluencing Vietnamese society and REUTER). about whether or not U.S. taxpayers achieving positive relationships with I too rise in opposition to this resolu- are going to subsidize American com- that country. With engagement, we are tion and support President Clinton’s panies to close their doors in the able to insert American ideals of free- decision to waive Jackson-Vanik re- United States, go over there and take dom and liberty to the Vietnamese peo- quirements for the next year. This advantage of, yes, slave labor. ple. Furthermore, as a global leader in would absolutely be the worst thing we I am not impressed when I hear that economic enterprise, American compa- could do at this point, undercutting there have been strikes in Vietnam. nies are poised to develop even broader the outstanding work that Ambassador The question is what happened to the commercial ties and influential rela- Peterson and our team has done in strikers after the strike. The question tionships throughout Vietnam. terms of continued progress in immi- is whether those strikers had a right to I can tell my colleagues that our gration, in terms of continued account- form a union and to try to peacefully presence in Vietnam impacts their so- ing and cooperation in dealing with advocate their own position, which is ciety in all areas, from commercial re- prisoners of war and missing in action. the right of every person in a free soci- lations to worker rights. It would also undercut the progress ety. that has been represented by the suc- b 1200 There has been no progress reported cessful conclusion of the bilateral Moreover, as a Vietnam veteran, I be- in labor relations in Vietnam. There is trade agreement, a critical, critical lieve that the coordination and co- no progress in terms of a free press, no milepost. operation of the Vietnamese govern- This debate is absolutely not about progress in terms of religious freedom, ment in the recovery of remains of our some hypothetical huge potential trade no progress in terms of an opposition servicemen is essential and has been deficit with Vietnam. The amount of party. So where is this progress? We extremely successful and possible trade involved is minuscule at this are rewarding the Communist govern- through our policy of engagement. point and is not going to be, under the ment of Vietnam for continuing its re- Clearly, additional progress must be wildest circumstances, anything sig- pression. made in Vietnam on a whole range of nificant in the foreseeable future. As far as Mr. Peterson’s report, this issues including trade, human rights, It is absolutely not about closing is the first time any of us have ever religious freedom, and freedom of ex- United States’ factories and shipping heard of a report that there are records pression. However, we can only do that this process overseas. The goods that from a prison available. Let me note through a policy of engagement. We all have been identified here as the pri- this, and I have just spoken to the gen- agree that there must be greater polit- mary products for Vietnam are not tleman from Nebraska (Mr. BEREUTER), ical and democratic reforms as well as things that the United States is spe- chairman of the committee, that it has more open access to Vietnamese mar- cializing in right now. Most of those never been reported to him; it has kets in order to address the large and products are already manufactured never been reported to me, a senior growing trade imbalance. overseas and simply shifting suppliers. member of the Committee on Inter- In my view, the most effective way to And it is categorically not about national Relations and the Sub- bring about improvements in trade, slave labor. That is absolute nonsense committee on Asia and the Pacific, human rights, and political and reli- and referenced by someone who clearly that those records are available. gious freedoms and to maintain other has never seen the activity that is Now, how limited are they? How long progress in successful joint searches for going on now in Vietnam factories. I have they been available? We are being veterans’ remains is through continued am informed by our embassy in Viet- told this right now, during this debate, engagement with the Vietnamese gov- nam that there have been dozens of that records that have been denied us ernment and increased contacts with strikes already this year. And if we for 10 years of our demanding are now the Vietnamese people so that they can talk to the men and women who have available to us. Let me just say if that learn and appreciate the values of de- done work in Vietnam, we see that is the case, and those records have been mocracy and the values of freedom. even in this area progress is being available and it has not been reported If we do not support the President’s achieved. to the oversight committee of the waiver of Jackson-Vanik for Vietnam, Mr. Speaker, this House is poised to United States Congress, there is some- the result will be that it will cause us make some very significant accom- thing wrong with our State Depart- to disengage and withdraw. This will plishments in foreign policy; a historic ment or something wrong with the harm and not improve our situation realignment of our policy with China. process. with Vietnam. Last week’s vote sent signals about And I would put on the record today Removal of Vietnam’s status would being real about our relationship with that I expect to see those prison likely result in the withdrawal of Cuba and reversing some absolutely in- records. I would put this on the record American goods and, therefore, Amer- effectual activities in the past. We are for our ambassador to Vietnam that I ican values. now on the verge of doing the same expect to see those prison records I strongly urge everyone in this with Vietnam. I strongly urge rejection forthwith and immediately so that House to support the waiver of Jack- of this resolution and keeping us mov- they can be examined in relationship son-Vanik for a status for Vietnam and ing in this direction. to the MIA-POW issue. Those records vote against this resolution. Mr. ROHRABACHER. Mr. Speaker, I have not been made available to us. We Mr. ROHRABACHER. Mr. Speaker, I yield myself 21⁄2 minutes. have not had a good faith effort, and it reserve the balance of my time. Mr. Speaker, again, we should take a is wrong to spring this in the middle of Mr. CRANE. Mr. Speaker, I reserve look at what is being said here today a debate on the floor on this issue. the balance of my time.

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00013 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.000 H26JY0 July 26, 2000 CONGRESSIONAL RECORD—HOUSE 16437

Mr. MCNULTY. Mr. Speaker, I re- utes, and the gentleman from Illinois Let us vote for this resolution. Let us serve the balance of my time. (Mr. CRANE) 2 minutes. not give them this waiver. Let us put Mr. JEFFERSON. Mr. Speaker, I Mr. ROHRABACHER. Mr. Speaker, I them on notice that they have a year yield 1 minute to the gentlewoman yield myself the balance of the time. to clean up their act, and then we can from Missouri (Ms. MCCARTHY). Mr. Speaker, I ask my colleagues to grant them some concessions if they Ms. MCCARTHY of Missouri. Mr. join me in support of this resolution. have progressed in those areas. Speaker, I rise in strong opposition to Mr. Speaker, I would ask my col- I ask for support of the resolution. the resolution and thank my friend and leagues to support this resolution. Let Mr. JEFFERSON. Mr. Speaker, I colleague, the gentleman from Lou- us today make a stand for principle. yield myself the balance of the time. isiana (Mr. JEFFERSON), for giving me Let us send the message to the world Mr. Speaker, I think it is important this opportunity to speak. and to the American people about what to keep in mind what this legislation is There is no question that the Vietnam War America stands for. all about. It is not to cure all these dif- strained the very fiber of our nation, however, Today we are really a government ficulties that exist between the United the time has come to reconcile the discord of that simply can be manipulated by States and Vietnam, nor between the the past. Including trade in our new diplomatic large financial interests, billionaires debate over democracy versus com- relationship with Vietnam will allow us to cre- who want to invest in various parts of munism. It is strictly about providing ate a positive partnership for the future. the world under a guise of globalism. greater access for immigration and our In January, I traveled to Vietnam and was Is that what we are all about? No. We review of whether or not that is taking struck by the evolution of their economy and have Mr. Lafayette who watches us place in that country in sufficient ca- the progress which has occurred to provide today. We have George Washington pacity to permit us to continue with opportunities for both our countries. who watches us today. Is that the the waiver. Mr. Speaker, in our increasingly America that they fought for? Is that Since the 1980s, over 500,000 Viet- global economy, shutting Vietnam out the globalism they had in mind? namese people have emigrated as refu- would be detrimental not only for the The globalism our forefathers had in gees of that country to the United people of Vietnam and southeast Asia mind were universal rights where the States. Ambassador Peterson reports but for American citizens and busi- concept of the United States stands as that while there are bribes and corrup- nesses, as well. a hope of liberty and justice for the tion, these are isolated incidents and In the shadow of the historic market- world, not just that we are a place this is not a form of government policy opening agreement made only this where people can come and do business in Vietnam. month thanks to the efforts of U.S. together. Yes, we believe in that and And so Vietnam is meeting the re- Ambassador Pete Peterson, it would be that our businessmen have a right to quirement for us to continue the waiv- a disaster for Congress to approve leg- do businesses overseas. Yes, they have er, and that is all that is important islation to deny Vietnam eligibility for a right do that. But there is some high- here. While incident to this there will U.S. trade credits. er value involved with our country. be permission of OPEC and Ex-Im Bank Opening the Vietnamese markets will We can reaffirm that today, and not to engage and support U.S. business not only provide an economic boon for only reaffirming that principle that there, that is not the overriding pur- both Vietnam and the U.S. but will im- human rights and democracy means pose of what we are doing here. And so prove trade between the two countries, something, but at the same time, Vietnam has met its obligation. and that will go a long way toward watch out for the interests of the It is time for our country to step up healing the wounds both nations have American people. and meet its obligation as well and to been nursing for decades. We see this American flag behind us. permit the Jackson-Vanik waiver to I urge my colleagues to oppose this What does that flag stand for? It stands continue and to permit people to con- resolution. for, number one, we believe in liberty tinue to enjoy free immigration to this I rise in strong opposition to the resolution and justice and independence and free- country. and thank my friend and colleague from Lou- dom. We believe in those things our Mr. MCNULTY. Mr. Speaker, I yield isiana Mr. JEFFERSON, for giving me the oppor- Founding Fathers talked about 225 myself the balance of my time. tunity to speak. years ago. But, number two, it also Mr. Speaker, I thank Ron Cima and The Vietnam war is the war of my genera- stands for that we are going to rep- Chuck Henley of the Office of the Sec- tion and I will always have strong feelings re- resent the interests of those American retary of Defense for the briefing that garding the longest war in our country’s his- people who have come here to this they gave me last week on the search tory and the conflict which strained the fiber of country and become citizens of our for our MIAs. I am grateful to them, to our nation. country. Pete Peterson, and to all of those who In January, I traveled to Vietnam and was It is not in their interest, and it is are working to bring our MIAs home. struck by the evolution of their economy and not in the interest of human freedom As I grow older, Mr. Speaker, I try to the progress which has occurred to provide that we subsidize American businesses keep my priorities in proper order. I opportunities for both our countries. to go over and do business in dictator- am not always successful at that, but I Mr. ROHRABACHER. Mr. Speaker, ships, dictatorships where they throw work at it. That is why when I get up could I get the time that is left for all the leaders of strikes in jail 2 days in the morning the first two things I do of us and what sequence that we will be after the strike is over, dictatorships are to thank God for my life and vet- making our closing arguments. where they do not allow any opposition erans for my way of life. The SPEAKER pro tempore (Mr. parties or freedom of religion. Had it not been for my brother Bill OSE). The order of close shall be the There has been no progress in terms and all of those who gave their lives in gentleman from California (Mr. ROHR- of human rights in Vietnam. And now service to this country through the ABACHER) first, the gentleman from we are thinking about offering a per- years, had it not been for people like Louisiana (Mr. JEFFERSON) second, the verse incentive again today. That is the gentleman from Texas (Mr. SAM gentleman from New York (Mr. what this debate is about, to our busi- JOHNSON) and Pete Peterson and JOHN MCNULTY) third, and finally the gen- nessmen to close their doors here, not MCCAIN, who endured torture as pris- tleman from Illinois (Mr. CRANE) will watching out for the interests of the oners of war, had it not been for people have the final word. American people, but instead making like Pete Dalessandro, a World War II The amount of time remaining for sure that these business men can go Congressional Medal of Honor winner the gentleman from California (Mr. over and use that slave labor. from my district who was just laid to ROHRABACHER) is 21⁄2 minutes, for the Those people in Vietnam have a $300 rest last year in our new veterans’ gentleman from Louisiana (Mr. JEF- a year per capita income, and they are cemetery in Saratoga, had it not been FERSON) 1 minute, for the gentleman going to be exploited by American for them and all of the men and women from New York (Mr. MCNULTY) 41⁄2 min- businessmen. who wore the uniform of the United

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00014 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.000 H26JY0 16438 CONGRESSIONAL RECORD—HOUSE July 26, 2000 States military through the years and transferred from Indochina to other communist business investment, Vietnam has improved put their lives on the line for us, we countries. It is those meticulous records that I its emigration policies, cooperated on U.S. ref- would not have the privilege of going am concerned about and to which my request ugee programs, and worked with the United around bragging about how we live in to communist officials in Hanoi has not been States on achieving the fullest possible ac- the freest and most open democracy on addressed. counting of POW/MIAs from the Vietnam War. Earth. Former American POWs such as Mike Despite problems of corruption and govern- Freedom is not free. We paid a tre- Benge and Colonel Ted Guy have told my ment repression, there is reason to believe mendous price for it. And we should al- staff and I how they were repeatedly inter- that our presence in Vietnam can improve the ways remember those who paid the viewed and had written records made by over- situation and encourage its government to be- price. lapping Vietnamese communist intelligence come more open, respect human rights and So today, Mr. Speaker, based upon and military organizations while they were follow the rule of law. the comments that I made earlier on transferred between Laos and a number of U.S. Ambassador to Vietnam, Pete Peter- behalf of all 2,014 Americans who are prison camps in Vietnam. U.S. officials have to son, our esteemed former colleague and still missing in southeast Asia, on be- this day, not had those records made avail- former POW, has been one of our nation’s half of their families, I ask my col- able to them by the Vietnamese regime. strongest advocates for expanding trade with leagues to join with me, the American In addition, there are some 400 Americans Vietnam. Renewing the Jackson-Vanik waiver Legion, the National League of POW/ who U.S. intelligence agencies have identified will increase market access for U.S. goods MIA Families, the National Alliance of as having been alive or who perished under and services in the 12th most populous coun- POW/MIA Families, the National Viet- Vietnamese communist control. The Viet- try in the world. nam Veterans Coalition, the Veterans namese regime could easily account for these Disapproval of this waiver will only discour- of the Vietnam War, and the Disabled men, but to this day, refuse to do so. Finally, age U.S. businesses from operating in Viet- American Veterans in supporting this the CIA and DIA have verified the validity of nam, arm Soviet-style hardliners with the pre- resolution of disapproval. the testimony before Congress by a Viet- text to clamp down on what economic and so- Mr. CRANE. Mr. Speaker, I yield my- namese mortician who testified to processing cial freedoms the Vietnamese people now ex- self the balance of the time. hundreds of deceased American prisoners’ re- perience, and eliminate what opportunity we Mr. Speaker, I want to just make one mains in Hanoi during the war. He testified have to influence Vietnam in the future. brief concluding remark, and it has to that the organization he worked for kept metic- Mr. Speaker, last year we debated and do with the events in Vietnam that all ulous records of the deceased Americans, soundly rejected a similar disapproval resolu- of us have recollections of. processed the remains for storage, and care- tion. I urge my colleagues to do the same My two kid brothers served over fully packaged and labeled personal belong- today and uphold the presidential waiver of there. I know that we all had a concern ings of the deceased Americans. To this day, the Jackson-Vanik requirements. not just for the welfare of our friends, none of the records of that organization— Ms. LOFGREN. Mr. Speaker, I rise in sup- neighbors and relatives, but we had a which could resolve the fates of scores of port of H.J. Res. 99. concern about the Vietnamese people, missing American servicemen—have been I represent San Jose California, a commu- too. made available by the Vietnamese regime. nity greatly enhanced by the presence of im- I think it is important for us to rec- Mr. MORAN of Virginia. Mr. Speaker, I rise migrants. Many years ago, as a Supervisor on ognize that since the Vietnam War in opposition to this resolution and urge my the Santa Clara County Board of Supervisors ended that there is a whole new Viet- colleagues to uphold the current Jackson- I worked with refugees escaping a brutal and nam that has come into existence. Vanik waiver. oppressive political regime. Sixty-five percent of the people in The Jackson-Vanik provision of the 1974 As an immigration lawyer, I did my best to Vietnam were not alive at the end of Trade Act was intended to encourage com- help these courageous individuals adjust to the Vietnam War. As this new popu- munist countries to relax their restrictive emi- their new life. During that time, I met families lation has taken over the country, I gration policies. At the time, the Soviet Union torn apart by a government that would not let think it is important for us to lend our was prohibiting Soviet Jewry from emigrating them leave unless they escaped. All of these efforts in advancing the Vietnamese to the United States and Israel. families sacrificed—so that some of them country and people toward those civ- The Jackson-Vanik waiver specifically grant- could see freedom. ilized values that we cherish. ed the President the power to waive the re- Over the past two decades these brave For that reason, I think the Jackson- strictions on U.S. government credits or in- people have become my friends and my Vanik waiver is a very tiny but incre- vestment guarantees to communist countries if neighbors. I have learned lessons about free- mental and important step in that di- the waiver would help promote significant dom and liberty from them. These same peo- rection. And for that reason, with all progress toward relaxing emigration controls. ple tell me that we must not waive the Jack- due respect to my colleagues who are To avoid confusion among some of my col- son-Vanik amendment. supporting H.J. Res. 99, I would urge leagues, this waiver does not provide Vietnam I am a strong supporter of fair trade. I be- my colleagues to vote no on H.J. Res. with normal trade relations. Ironically, the eco- lieve that an economic search for open mar- 99 and keep us moving in the right di- nomic incentives provided in the Jackson- kets often results in a more open society. I be- rection. Vanik are all one-sided favoring U.S. firms lieve that an economic dialogue often results Mr. ROHRABACHER. Mr. Speaker, I am doing business in Vietnam. in an enhanced political one. I also believe surprised to hear for the first time today that Mr. Chairman, Senator Scoop Jackson was that a trusted economic partner can evolve the Vietnamese communists have made avail- a staunch anti-communist. Yet, he was willing into a trusted political ally. able the records of one of the prisons where to consider to incentives to encourage the So- However, not every nation travels the same Ambassador Peterson was held. In response, viet Union to relax its emigration policy. path to a more open society. In the case of I just asked Ambassador Peterson which In 1998, Charles Vanik, former Member and Vietnam, I believe we can achieve more by records he was referring to. Unfortunately, the co-author of the Jackson-Vanik provision, sent making Vietnam live up to the free emigration records he is speaking of are not from the me a letter expressing his strong opposition to requirements of the Jackson-Vanik amend- prisons in which he was held early during his the motion to disapprove trade credits for Viet- ment to the Trade Act of 1974. captivity, for which I am most concerned that nam and upholding the current waiver. Why? Because Vietnam is so eager for a some Americans may not have returned from. Vietnam is experiencing a new era, driving trade relationship with America that they would I do not doubt that Ambassador Peterson is by a population where 65 percent of its citi- improve their human rights policies in order to being honest that commanders from those zens were born after the war. Vietnam today get it—but only if we insist. prisons told him that they do not know where welcomes U.S. trade and economic invest- One cornerstone of our trade policy with the records are after so many years. However, ment. nonmarket economies has been the Jackson- they as individuals were not the record keep- The Vietnamese Government has made sig- Vanik Amendment. This amendment requires ers. The Vietnamese communist government nificant progress in meeting the emigration cri- that a country make progress in allowing free kept many overlapping records on prisoners teria in the Jackson-Vanik amendment. emigration in order to achieve normal trade they held in Vietnam, Laos and Cambodia or Through a policy of engagement and U.S. status. More than two decades after the end

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00015 Fmt 0688 Sfmt 9920 E:\BR00\H26JY0.000 H26JY0 July 26, 2000 CONGRESSIONAL RECORD—HOUSE 16439 of the Vietnam War, my congressional staff in change programs as well. Our programs offer The Sergeant at Arms will notify ab- San Jose continues to receive letters from Vi- outstanding Vietnamese students the oppor- sent Members. etnamese American families seeking reunifica- tunity to study in the U.S. However, the Viet- The vote was taken by electronic de- tion with a brother or sister, a mother or a fa- namese government excludes those students vice, and there were—yeas 91, nays 332, ther, a son or a daughter. whose parents are not members of the Com- not voting 11, as follows: Think of what this resolution says to them. munist cadre. Thus, many qualified Viet- [Roll No. 441] More than two decades after the end of the namese students are denied the opportunity to YEAS—91 Vietnam War, they are still waiting for a loved study in U.S. exchange programs simply be- Aderholt Green (WI) Metcalf one. And in the face of their wait, we are ex- cause their parents are not card-carrying Andrews Gutknecht Paul ploring the extension of normal trade relations members of the Communist party. This dis- Baca Hall (TX) Pitts to a nation that still holds those captive who crepancy is only one example of the apartheid Bachus Hayes Pombo Barr Hayworth would leave if only they could. system that the Vietnamese government has Riley Bartlett Hefley Rivers I understand my colleagues when they say implemented to punish those who do not Bonilla Hill (MT) Rogan Vietnam has changed. It has changed, but not agree with their ideology. Bonior Hilleary Rohrabacher enough. In a 1999 review of Vietnam’s human On the issue of human rights, while Vietnam Brown (OH) Holden Ros-Lehtinen Burton Hunter Royce rights record, the State Department reached has released some political prisoners, many Buyer Hyde Sanchez more remain imprisoned while the Communist Canady Jackson-Lee the conclusion that Vietnam’s overall human Sanders Chabot (TX) rights record remained poor. The report point- government continues to arrest others for Saxton Chenoweth-Hage Johnson, Sam speaking out against the government. While Scarborough ed out that ‘‘the government continued to re- Coble Jones (NC) press basic political and some religious free- the Vietnamese government may claim to Collins Kaptur Schaffer doms and to commit numerous abuses.’’ The make strides, I would like to share with you 2 Cook Kasich Shadegg Cox Kelly Sherwood report pointed out that the government was prominent cases: Dr. Nguyen Dan Que, a Smith (NJ) prominent prisoner of conscience who was re- Davis (VA) Kennedy ‘‘not tolerating most types of public dissent.’’ Deal Kildee Souder Additionally, reports from human rights orga- leased in late 1998, remains under house ar- Diaz-Balart King (NY) Strickland nizations indicate that he Vietnamese govern- rest in Saigon; while Professor Doan Viet Doolittle Kucinich Stump Hoat, a former prisoner of conscience who Duncan LaHood Sweeney ment has tried to clamp down on political and Ehrlich Lazio Taylor (MS) religious dissidents through isolation and in- had been imprisoned for over 20 years for Everett Lewis (GA) Taylor (NC) timidation. Dissidents are confined through promoting democratic ideals, was forced to Forbes LoBiondo Walsh house arrest and subject to constant surveil- leave Vietnam as a condition of his release. Fossella Lofgren Wamp The government of Vietnam does not tolerate Goode McIntyre Weldon (FL) lance. During her trip to Vietnam Secretary Goodling McKinney Weldon (PA) Albright said that the bilateral relationship be- liberties, such as the right to free speech, the Graham McNulty Wolf tween Vietnam and the United States ‘‘can right to freely practice one’s religion, and the Green (TX) Menendez Young (FL) never be totally normal until we feel that the right to peacefully assemble. Reports reveal NAYS—332 that the Vietnamese police have forced many human rights situation has been dealt with.’’ I Abercrombie Clement Ganske agree. religious groups to renounce their beliefs or Ackerman Clyburn Gejdenson The essence of this debate is freedom— face the threat of imprisonment. Furthermore, Allen Coburn Gekas how we can best achieve greater freedom for when I visited Vietnam in 1998, a Catholic Archer Combest Gephardt priest told me that the Communist government Armey Condit Gibbons the Vietnamese people and how we as a na- Baird Conyers Gilchrest tion can more greatly influence the govern- did not allow him to wear vestments in public. Baker Cooksey Gillmor ment to create a more open society. I believe Even more egregious is the persecution of Baldacci Costello Gonzalez that course is to pass this resolution. After all, the Hmong, approximately 10,000 of them Baldwin Coyne Goodlatte have had to flee their ancestral lands in the Ballenger Cramer Gordon leverage is no longer leverage once it is given Barcia Crane Goss away. I urge my colleagues to support H.J. north, traveling 800 miles to the south central Barrett (NE) Crowley Greenwood Res. 99. highlands in Dak Lak Province. Many have Barrett (WI) Cummings Gutierrez been arrested as ‘‘illegal migrants’’ or on Bass Cunningham Hall (OH) Mr. DAVIS of Virginia. Mr. Speaker, I rise Bateman Danner Hansen today in support of H.J. Res. 99, Disapproving charges of ‘‘illegal religion’’ as part of a gov- Becerra Davis (FL) Hastings (FL) the Extension of Emigration Waiver Authority ernment crackdown on Hmong Christians. Bentsen Davis (IL) Hastings (WA) to Vietnam. Mr. Speaker, in light of these offenses, I be- Bereuter DeFazio Herger lieve H.J. Res. 99 is an important bill that de- Berkley DeGette Hill (IN) While the United States and Vietnam signed Berman Delahunt Hilliard a trade agreement last week which requires serves the support of every Member, and I Berry DeLauro Hinchey Vietnam to overhaul its economy, by reducing urge my colleagues on both sides of the aisle Biggert DeLay Hinojosa Bilbray DeMint Hobson tariffs on a range of goods and allowing for- to vote in favor of this resolution. The SPEAKER pro tempore. All time Bilirakis Deutsch Hoeffel eign firms to participate in businesses in Viet- Bishop Dickey Hoekstra for debate has expired. Blagojevich Dicks Holt nam; the resolution on the House floor today Pursuant to the order of the House of is whether Vietnam allows free and open emi- Bliley Dingell Hooley Monday, July 24, 2000, the joint resolu- Blumenauer Dixon Horn gration for its citizens. In 1999, President Clin- tion is considered read for amendment Blunt Doggett Hostettler Boehlert Dooley Houghton ton granted Vietnam a waiver of the Jackson- and the previous question is ordered. Vanik Amendment’s on this condition. Unfortu- Boehner Doyle Hoyer The question is on engrossment and Bono Dreier Hulshof nately, not much improvement can be cited third reading of the joint resolution. Borski Dunn Hutchinson nor documented. Boat People, SOS an organi- The joint resolution was ordered to Boswell Edwards Inslee zation in my district, informed me that there is Boucher Ehlers Isakson be engrossed and read a third time, and Boyd Emerson Istook significant corruption in Vietnam and the Viet- was read the third time. Brady (PA) Engel Jackson (IL) namese government continues to exclude The SPEAKER pro tempore. The Brady (TX) English Jefferson thousands of former political prisoners and question is on the passage of the joint Brown (FL) Eshoo John former U.S. government employees from par- Bryant Etheridge Johnson (CT) resolution. Burr Evans Johnson, E.B. ticipating in U.S. refugee programs. On aver- The question was taken; and the Callahan Farr Jones (OH) age, an applicant must pay $1,000 in bribes to Speaker pro tempore announced that Calvert Fattah Kanjorski gain access to these programs. In a country the noes appeared to have it. Camp Filner Kilpatrick Campbell Fletcher Kind (WI) where the average Vietnamese’s annual sal- Mr. ROHRABACHER. Mr. Speaker, I Cannon Foley Kingston ary is $250—impoverished former political object to the vote on the ground that a Capps Ford Kleczka prisoners and former U.S. government em- quorum is not present and make the Capuano Fowler Klink ployees simply cannot afford these outrageous point of order that a quorum is not Cardin Frank (MA) Knollenberg Carson Franks (NJ) Kolbe bribes to apply for these programs. present. Castle Frelinghuysen Kuykendall Corruption exists not only in the Vietnamese The SPEAKER pro tempore. Evi- Chambliss Frost LaFalce government but also undermines U.S. ex- dently a quorum is not present. Clayton Gallegly Lampson

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00016 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.000 H26JY0 16440 CONGRESSIONAL RECORD—HOUSE July 26, 2000 Lantos Nussle Simpson PROVIDING FOR CONSIDERATION tomary 30 minutes to the gentleman Largent Oberstar Sisisky Larson Obey Skeen OF H.R. 4942, DISTRICT OF CO- from Texas (Mr. FROST), pending which Latham Olver Skelton LUMBIA APPROPRIATIONS ACT, I yield myself such time as I may con- LaTourette Ortiz Slaughter 2001 sume. During consideration of this res- Leach Ose Smith (MI) olution, all time yielded is for the pur- Lee Owens Smith (TX) Mr. LINDER. Mr. Speaker, by direc- Levin Oxley Snyder tion of the Committee on Rules, I call pose of debate only. Lewis (CA) Packard Spence up House Resolution 563 and ask for its Mr. Speaker, House Resolution 563 is Lewis (KY) Pallone Spratt a modified open rule providing for con- Linder Pascrell Stabenow immediate consideration. Lipinski Pastor Stark The Clerk read the resolution, as fol- sideration of H.R. 4942, the District of Lowey Payne Stearns lows: Columbia Appropriations Bill for fiscal Lucas (KY) Pease Stenholm H. RES. 563 year 2001. Lucas (OK) Pelosi Stupak Luther Peterson (MN) Sununu Resolved, That at any time after the adop- The rule waives all points of order Maloney (CT) Peterson (PA) Talent tion of this resolution the Speaker may, pur- against consideration of the bill and Maloney (NY) Petri Tancredo suant to clause 2(b) of rule XVIII, declare the provides for 1 hour of general debate di- Manzullo Phelps Tanner House resolved into the Committee of the Markey Pickering Tauscher Whole House on the state of the Union for vided equally between the chairman Martinez Pickett Tauzin consideration of the bill (H.R. 4942) making and the ranking minority member on Mascara Pomeroy Terry appropriations for the government of the the Committee on Appropriations. Matsui Porter Thomas District of Columbia and other activities McCarthy (MO) Portman Thompson (CA) The rule waives clause 2 of rule XXI, McCarthy (NY) Price (NC) Thompson (MS) chargeable in whole or in part against the prohibiting unauthorized appropria- revenues of said District for the fiscal year McCollum Pryce (OH) Thornberry tions, legislative provisions or reappro- McCrery Quinn Thune ending September 30, 2001, and for other pur- McDermott Rahall Thurman poses. The first reading of the bill shall be priations in an appropriations bill, McGovern Ramstad Tiahrt dispensed with. All points of order against against provisions in the bill except as McHugh Rangel Tierney consideration of the bill are waived. General noted in the rule. McInnis Regula Toomey debate shall be confined to the bill and shall McKeon Reyes Towns The rule makes in order only those not exceed one hour equally divided and con- Meehan Reynolds Traficant amendments that have been preprinted trolled by the chairman and ranking minor- Meek (FL) Rodriguez Turner in the CONGRESSIONAL RECORD and Meeks (NY) Roemer Udall (CO) ity member of the Committee on Appropria- Mica Rogers Udall (NM) tions. After general debate the bill shall be those amendments printed in the Com- Millender- Rothman Upton considered for amendment under the five- mittee on Rules report. All points of McDonald Roukema Velazquez minute rule. Points of order against provi- order are waived against the amend- Miller (FL) Roybal-Allard Visclosky sions in the bill for failure to comply with ments printed in the Committee on Miller, Gary Rush Vitter clause 2 of rule XXI are waived except Miller, George Ryan (WI) Walden Rules report. against section 153. No amendment to the Minge Ryun (KS) Waters These amendments shall be offered Mink Sabo Watkins bill shall be in order except those printed in Moakley Salmon Watt (NC) the portion of the Congressional Record des- by the Member designated in the report Mollohan Sandlin Watts (OK) ignated for that purpose in clause 8 of rule and only at the appropriate point in Moore Sanford Waxman XVIII, pro forma amendments for the pur- the reading of the bill. The amend- Moran (KS) Sawyer Weiner pose of debate, and the amendments printed ments in the report shall be decreed as Moran (VA) Schakowsky Weller in the report of the Committee on Rules ac- read and shall be debatable for the Morella Scott Wexler companying this resolution. Each amend- Murtha Sensenbrenner Weygand time specified in the report to be ment printed in the Record may be offered Myrick Serrano Whitfield equally divided between a proponent Nadler Sessions Wicker only by the Member who caused it to be Napolitano Shaw Wilson printed or his designee and shall be consid- and an opponent. Finally, the amend- Neal Shays Wise ered as read. Each amendment printed in the ments printed in the report shall not Nethercutt Sherman Woolsey report may be offered only by a Member des- be subject to amendment and shall not Ney Shimkus Wu ignated in the report and only at the appro- be subject to a demand for a division of Northup Shows Wynn priate point in the reading of the bill, shall Norwood Shuster Young (AK) the question in the House or in the be considered as read, shall be debatable for Committee of the Whole. NOT VOTING—11 the time specified in the report equally di- vided and controlled by the proponent and an The rule permits the chairman of the Barton Gilman Radanovich Committee of the Whole to postpone Clay Granger Smith (WA) opponent, shall not be subject to amend- Cubin Jenkins Vento ment, and shall not be subject to a demand votes during consideration of the bill, Ewing McIntosh for division of the question in the House or and to reduce voting time to 5 minutes in the Committee of the Whole. All points of on a postponed question if the vote fol- order against the amendments printed in the b 1235 lows a 15-minute vote. Finally, the rule report are waived. The Chairman of the Com- provides a motion to recommit, with or mittee of the Whole may: (1) postpone until Messrs. EHLERS, DEMINT, CROW- a time during further consideration in the without instructions, which is the LEY and Ms. BERKLEY changed their Committee of the Whole a request for a re- right of the minority. vote from ‘‘yea’’ to ‘‘nay.’’ corded vote on any amendment; and (2) re- Mr. Speaker, House Resolution 563 is Messrs. DUNCAN, SOUDER, WAMP, duce to five minutes the minimum time for a modified open rule, similar to those SHERWOOD, BACHUS, FOSSELLA, electronic voting on any postponed question considered for other general appropria- BONILLA, BARTLETT of Maryland, that follows another electronic vote without tions bills. Any Member who wishes to and JONES of North Carolina changed intervening business, provided that the min- offer an amendment to the District of imum time for electronic voting on the first their vote from ‘‘nay’’ to ‘‘yea.’’ in any series of questions shall be 15 min- Columbia appropriations bill and has So the joint resolution was not utes. At the conclusion of consideration of preprinted the amendment in the passed. the bill for amendment the Committee shall RECORD will have an opportunity to do rise and report the bill to the House with so. The result of the vote was announced such amendments as may have been adopted. as above recorded. In order to better manage the debate, The previous question shall be considered as the Committee on Rules has structured ordered on the bill and amendments thereto f to final passage without intervening motion the debate on four specific amend- except one motion to recommit with or with- ments. An amendment offered by the gentleman from Oklahoma (Chairman MESSAGE FROM THE PRESIDENT out instructions. The SPEAKER pro tempore (Mr. ISTOOK) would reprogram funds from a A message in writing from the Presi- PEASE). The gentleman from Georgia survey of the District’s tax policies to dent of the United States was commu- (Mr. LINDER) is recognized for 1 hour. help fund Metrorail construction. nicated to the House by Ms. Wanda Mr. LINDER. Mr. Speaker, for the Another amendment, to be offered by Evans, one of his secretaries. purpose of debate only, I yield the cus- the gentleman from Kansas (Mr.

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00017 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.000 H26JY0 July 26, 2000 CONGRESSIONAL RECORD—HOUSE 16441

TIAHRT), would prevent needle ex- Mr. FROST. Mr. Speaker, I yield my- Mr. LINDER. Mr. Speaker, I yield change programs from operating with- self such time as I may consume. myself such time as I may consume to in 1,000 feet of schools, day care cen- Mr. Speaker, the District of Colum- take a moment to point out to my col- ters, playgrounds, public housing or bia finds itself last, but certainly not league from Texas that no Democrat other places where children play and least, in the appropriations lineup for submitted a request for a waiver on spend time during the day. fiscal year 2001. This is the last of 13 amendment. The ones that were denied The gentleman from Indiana (Mr. appropriations bills, but it is the bill were only Republican amendments. SOUDER) plans to offer an amendment which accords the least amount of re- Mr. Speaker, I yield such time as he to prohibit the use of funds to finance spect to the residents of this city. might consume to the gentleman from needle exchange programs in the Dis- California (Mr. CUNNINGHAM). b 1245 trict. This language mirrors a provi- Mr. CUNNINGHAM. Mr. Speaker, sion in the D.C. appropriations bill Year after year, the Republican ma- first of all I would like to thank the that passed the House last year. jority has gone out of its way to turn ranking minority Member, the gen- Finally, an amendment by the gen- what should be an easy task into an tleman from Virginia (Mr. MORAN). He tleman from California (Mr. BILBRAY) unnecessarily difficult one. This year is and I have become very close friends in would prohibit individuals under the no different; and for that reason, Mr. this body. It does not mean like two age of 18 from possessing tobacco in the Speaker, I rise in opposition to this Irishmen we do not disagree on occa- District. The amendment imposes the rule and in opposition to the bill. sion passionately, but I want to thank same restrictions on tobacco use by Mr. Speaker, last year the D.C. ap- him. We disagree on some issues in this minors that are in force in most propriations was considered six times particular bill. I do not agree with ev- States, including Maryland and Vir- before finally becoming the engine that erything in the bill; but like every- ginia. drove the omnibus appropriations bill. thing that comes forward in this Under this rule, the House will have I must ask, is there a good reason the House, it is a good bill overall. the opportunity to exercise its respon- Republican majority seems to want to The Constitution of the United sibility to address these important so- repeat that exercise again this year? States of America, and we were all cial issues facing the District. Rather The bill is loaded with the usual so- sworn and held up our hand to support than avoiding controversial issues like cial riders the Republican majority the Constitution, which says that all needle exchanges and tobacco use by seems willing to impose on the resi- legislation, all legislation, for the D.C. minors, Members of this House will be dents of the District, but not on their area, is from this body. We were all accountable to their constituents and own constituents. Again the bill con- sworn to uphold that. If we uphold the the people of the District. I am pleased tains veto bait such as barring the Dis- Constitution of the United States, we that this open rule will bring these trict from using its own local funds to will support this bill because we are honest policy disputes out into the provide abortion services to low-in- legislating in the best interests. open so that Americans will know come residents, or implementing its I would say to my friends on the where their Representatives stand on own domestic partnership law. other side that for 30 years you con- these issues that affect them right in But to add insult to injury, this rule trolled this House, and if you take a their towns and neighborhoods. makes in order two amendments that look what happened to Washington, Mr. Speaker, H.R. 4942 appropriates a the delegate from the District of Co- D.C., in those 30 years of neglect, look total of $414 million in Federal funding lumbia specifically asked the Com- at the systems that are typical of the support for the District. I applaud the mittee on Rules to deny. These two United States, you look at education. gentleman from Oklahoma (Mr. amendments, one relating to the issue Members of Congress, the President, ISTOOK), the chairman of the sub- of needle exchange and one relating to the Vice President, all send their chil- committee, and the gentleman from the sale of tobacco to minors, are pe- dren to private schools. Why? Because Virginia (Mr. MORAN), the ranking rennial Republican favorites on this the D.C. system has been so terrible. Member, for their hard work to bill. But, Mr. Speaker, these are the But I want to tell you, I have been in produce this solid legislation. This is a amendments the elected government of some of those schools; and I have seen responsible bill that makes the Federal the District of Columbia, as well as the some wonderful dedicated teachers and Government a partner in D.C. govern- gentlewoman from the District of Co- schools. But where you have roofs that ment and helps our Nation’s Capital lumbia (Ms. NORTON), oppose. are caving in, that the fire department move closer to the success and inde- Mr. Speaker, the chairman of the has to shut down those schools, that we pendence that its residents deserve. Committee on Rules has pointedly do not have the support over that 30 On a separate note, this is the last of through the consideration of 12 appro- years for education systems, something 13 appropriations bills that must be priation bills denied Members the right is wrong. considered each year. The Committee to offer amendments that required a We came in and appointed boards. on Appropriations has once again per- waiver of clause 2 of Rule XXI; but Another bright light is Mayor Wil- formed admirably, working within the when it comes to the District, the liams. He has got a monumental task responsible budget limits while man- chairman and the Republican majority at hand to get through that bureauc- aging the available resources to best of the committee send out an engraved racy that he has; but if you look at serve the American people. Congress is invitation to any Member who has a education and what we have done, we on track to have all spending bills com- particular legislative ax to grind. fully funded charter schools. When my plete before the end of the fiscal year, Mr. Speaker, is it any wonder the own party in the last Congress wanted having again preserved the Social Se- District Government has proposed li- to reduce the amount of funds for the curity surplus, provided tax relief for cense plates for its residents that pro- public schools, we fought, the gen- working Americans, and maintain im- claim ‘‘Taxation Without Representa- tleman from Virginia (Mr. MORAN) and portant funding priorities that millions tion’’? I, and said we reward schools for going of Americans depend on. Mr. Speaker, I oppose this rule for in the right direction. We do not penal- Mr. Speaker, H.R. 4942 was favorably the simple reason that the Republican ize them. Together we were able to reported out of the Committee on Ap- majority has again set up this appro- come up with full funding for the pub- propriations, as was this fair rule by priation for an unnecessary protracted lic school systems and charter schools. the Committee on Rules. I urge my col- legislative debate. I urge my colleagues I think that is a positive, and that is in leagues to support the rule so we can to vote no on this rule and on the bill. this bill as well. proceed with general debate and con- Let us put some common sense and I look at the economy. When you sideration of this legislation. some respect into this process. have month-to-month leases because Mr. Speaker, I reserve the balance of Mr. Speaker, I reserve the balance of you have got some members in this bu- my time. my time. reaucracy taking money under the

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00018 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.000 H26JY0 16442 CONGRESSIONAL RECORD—HOUSE July 26, 2000 table on a month-to-month lease, we D.C. appropriation would find attach- despite the fact that D.C. could never fought together to have those leases ments so dated or irrelevant as to cast pay for the great majority of a subway extended so we could get business to doubt on the committee’s work prod- station’s cost itself and was able to invest in Washington, D.C. uct. make a commitment to use its own We can make this waterfront the best With a lot of hard work and sac- funds for a station only because the waterfront in the whole country, like rifices, the District has emerged from OMB and the private sector had each San Diego or San Francisco or the oth- insolvency, but the city has no State committed to pick up one-third of the ers. But you cannot when you have got to fall back on and has urgent needs it cost. drugs going down there; and we have cannot possibly fund. City officials re- Mayor Williams wrote to Chairman worked together, not only there but to quested funding from the President for ISTOOK: ‘‘In the case of the New York clean up the Anacostia River, the some urgent priorities. The White Avenue Metro, the reduction in Federal worst river in the United States for House chose to fund just a few of them. funds has sent a chilling message to pollution. The fecal count is the high- The city understands, of course, that the business community who have ex- est in any river in the United States. the subcommittee’s 302(b) allocation pressed interested in bringing business We are working together on a bipar- was cut, and, therefore, all the Dis- to the District. The $22 million cut tisan fashion with the Mayor and on trict’s priorities could not be fully greatly imperils the District’s ability both sides to fix that. These are very funded. The city fully understands that to secure the private funds that were positive things that we are working on. the shortfall was beyond the sub- to be leveraged by the public alloca- But I would say to my friend that committee’s control. Those funds tion. Local businesses have made in- there are things in this bill that I dis- must, in our judgment, be restored. vestments in the city based on this agree with, and that my colleagues dis- However, at the very least, the District project. Without full funding, the suc- agree with; but overall it is a good bill, cannot be expected to endorse transfer cess of this effort is jeopardized. I urge and it moves not only the legislation of whatever funds are left over after you to restore full funding.’’ forward, but in the long run it is the the cuts to items not in the first tier of It is one thing for the subcommittee best for the D.C. residents. I would ask the city’s own urgent priorities. to make cuts; it is quite another for for full support of this. The White House funded the state the subcommittee to nullify the Dis- I thank the gentleman from Okla- functions that are now Federal respon- trict’s carefully thought-out priorities. homa (Chairman ISTOOK) for his work sibilities and added $66.2 million for Adding funding controversy to the at- with the ranking minority Member. priorities negotiated and ratified by tachments disputes that always sur- Mr. FROST. Mr. Speaker, I yield 8 city officials. A cut of $31 million from round this appropriation has not minutes to the gentlewoman from the the 302(b) allocation left only $34.8 mil- helped this bill, for we also will waste District of Columbia (Ms. NORTON). lion. a lot of time discussing riders today. It Ms. NORTON. Mr. Speaker, I thank Instead of redistributing the scarce is wasted time because, in the end, the the gentleman for yielding me time. remaining funds to the District’s stat- riders have caused a veto of the bill; I want to begin as we embark upon ed priorities, $13.85 million for new and to get the bill signed at all, they the D.C. appropriation by thanking the matters was actually added to the D.C. are removed or substantially changed. gentleman from Oklahoma (Mr. appropriation. How can items be added The chairman indicated these riders ISTOOK) for his hard work on this bill. to an appropriation that has been cut? simply reflected those transmitted by The gentleman and I have had dis- The only way to do this, of course, is to the President from prior years. OMB agreements on this bill, but I appre- cut funding for the priorities the city has worked with the District to remove ciate his efforts to work out some of has stated it must have. Yet, new riders from prior years that are out- those disagreements with me. I want to items were added, for example, funding dated, no longer relevant or are al- thank the gentleman from Virginia for the Arboretum, a Federal facility ready included in D.C. or Federal law; (Mr. MORAN) for his strong advocacy funded by the Agriculture Department and the city has moved to make other and work for the District as well. that never before has appeared in a riders permanent that should be per- Mr. Speaker, I rise to oppose a rule D.C. appropriation. Adding new items manent a part of D.C. law. The Chair shot through with financial, oper- guaranteed that the District’s prior- must prefer long and wasteful debates, ational, and social intrusions that ities would be downgraded and because he has reinserted into the bill should concern no one unless you hap- defunded. not only the very few that were social pen to be a resident of the District of What was left after a combination of riders, but all the redundant, outdated, Columbia. D.C. is once again bringing cuts and new additions was predictable: and irrelevant riders as well. up the rear of the appropriations. Here $7 million instead of $25 million for What is the point, if we ever were is hoping that the number 13 in the ap- D.C.’s top economic priority, a New striving to get a bill that could be propriations cycle has nothing to do York Avenue subway station, now in signed? When even steps to remove pat- with bad luck. great jeopardy; $14 million instead of ently irrelevant material provokes dis- This should be the easiest of the 13 $17 million for the D.C. College Access agreement, we seem well on our way to appropriation bills. Few Members have Act, despite a letter from Mayor Wil- a veto of the D.C. bill. or should bother to acquire familiarity liams requesting funding for juniors I had hoped for better this year. with the complicated, necessarily paro- and seniors previously excluded only Please oppose this rule. chial operations of a big American city because it was erroneously thought Mr. LINDER. Mr. Speaker, I yield that is not their own. there would be insufficient funding. such time as he might consume to the Mr. Speaker, I oppose this rule be- The subcommittee says to the District, gentleman from Oklahoma (Mr. cause the bill before us is full of avoid- pay for critical items like the New ISTOOK), the chairman of the sub- able problems any city would have to York Avenue Metro station, not from committee. find objectionable. Federal funds, but from interest on Mr. ISTOOK. Mr. Speaker, I thank First, movement of available funds D.C. funds held by the Control Board. the gentleman for the opportunity to from D.C. priorities to others chosen This requirement remains in the bill, speak. by the subcommittee without any con- despite a letter from the Control Board Mr. Speaker, I rise in support of this sultation with the District. Chair, Alice Rivlin, that says that such rule, which enables us to go forward Second, movement of riders, and not funds no longer exist, but, to quote her with this bill which, in addition to the only social riders, but riders that are words, ‘‘have already been included by District of Columbia’s own tax rev- so old that they are laughably out of the District as a source of funds to sup- enue, and budget allocates $414 million date or redundant because the provi- port governmental operations.’’ from the taxpayers in the rest of the sions are already in the D.C. code or The requirement to pay for the sub- United States of America to the Dis- Federal law. Anyone scrutinizing the way from interest remains in the bill, trict of Columbia.

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00019 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.000 H26JY0 July 26, 2000 CONGRESSIONAL RECORD—HOUSE 16443 b 1300 erans, the one underway for World War long to all of us. It must belong to all Now one might have thought, from II veterans, they see those things and of us, and if we want to have pride in listening to people, that we are not they get a sense, they get an inspira- the country we have to have pride and doing anything for the District of Co- tion from it. Then to be told, oh, no, confidence in what is happening in lumbia, and here is $414 million, Fed- they are not a part of this, this is not Washington, D.C. eral money from the rest of the coun- their city, sure it is. It is the Nation’s If we find out that the District is try, not going to New York City, not city. going off in a totally different direc- going to Chicago or Los Angeles or That is why we do things and will do tion and thereby become the symbol Oklahoma City, we do not make direct things here today, to try to make sure for the whole country, we have to appropriations to those communities that Washington, D.C. is in harmony make sure that it is in tune instead. So or to any others, only the District of with the Nation. If we are not the Na- sometimes the local officials do things Columbia. This is in addition to its tion’s city would we have the hundreds and Congress says, no. If you were in own tax revenues and budget, in addi- of thousands of people that are em- New York, if you were Chicago, if you tion to qualifying for Federal grants ployed here because the Federal Gov- were Detroit, if you were Phoenix, if from all sorts of other sources. In addi- ernment is located here? No, the Dis- you were Tampa, if you were Wiscon- tion to those, the District of Columbia trict of Columbia would not have that sin’s Madison, any of these other com- gets $414 million directly from the Fed- guarantee of employment, of revenue, munities, we would not do that because eral Government. We do it year after of opportunity that comes with it. It they are not the Nation’s Capital. year. Why? Because the District of Co- would not enjoy that. They do not belong to all of us, but lumbia is not just another city. It is The District also would not have the we will do some things differently. the Nation’s capital, so designated in burdens that come with it; the Presi- This rule makes in order an oppor- the United States Constitution. dential inauguration, for example, tunity to consider those things, and As the Nation’s Capital, it has a very coming up. One of the things in this Members have had the opportunity to different relationship. bill is approximately $6 million to re- present them. Now, I heard the gentlewoman from imburse D.C. for special expenses that Now I heard the gentlewoman from the District of Columbia (Ms. NORTON) it will have when the presidential inau- the District of Columbia (Ms. NORTON) in this House say, and I think these guration occurs, the security needs, all say, well, we have riders on the bill and were the words, that what happens here the influx of Americans coming here some of them have been there too long. should not concern anyone not a resi- for the presidential inaugural. Now Well, what was not mentioned was we dent of D.C., and said people should not some cities would be saying, hey, that went through and we dropped 25 provi- be concerned with a city not their own. is great for business, that is great for sions that have been carried year after If that were the case, we would not be tourism; we do not need the extra year after year after year in this bill talking about $414 million for Wash- money to pay for these additional that we did not see where they served ington, D.C., but we are because Wash- costs; that revenue itself is going to be any further purpose. We knocked out 25 ington, D.C. is not just another city. enough. of them. The Constitution specifies it is the We have not taken that approach Now, are there some others that still Capital of the United States of Amer- with D.C. We have said they have an need to go? We are going to look at ica, and as the Capital it has a distinct extra burden. We want to help them them and continue to make deletions position. Article I, section 8 of the U.S. with it. So some of the money which as we go through the process. If some- Constitution says that exclusive con- the gentlewoman complains about, and thing is actually outdated or covered trol over all legislation, in all cases says I wish it were applied some place by some other provision of law, we will whatsoever, for the District of Colum- else, is to reimburse the District of Co- continue working with people to do bia resides right here in the Congress lumbia for this expense when they have that. But the ones that remain are the of the United States, because the to have all of the overtime, all the ones in harmony with what I have ex- Founding Fathers knew that the Na- extra work by their transit people, plained, that distinct relationship be- tion’s Capital would be distinct, would their public safety people, their people tween the Nation’s Capital and the Na- be different. that work with waste disposal, with tion. It is not just another city. One thing they wanted to be sure was cleaning up afterward. It is a big ex- We have in this bill, and this is a pro- that the Nation’s Capital was in har- pense, and we are trying to be respon- gram adopted last year, we have in this mony with the rest of the country. We sible in taking care of that. bill millions of dollars to provide as- do not want one thing going on in what Washington, D.C., in addition to $414 sistance to any student who has grad- is supposed to symbolize and represent million of Federal money from the rest uated from public school, or private America that is totally foreign to the of the country under this bill, still school for that matter, in the District rest of the country. We do not want one qualifies the same as any other munici- of Columbia. I think the cutoff date is set of standards in the Nation’s Capital pality and school district in the Nation since 1998. This program provides them that is inconsistent with Federal law to receive Federal grants, Federal as- assistance up to $10,000 a year to go to or that is inconsistent with the values sistance, Federal funds that help their college. We have not done that for any of the Nation. schools. In addition, they get transpor- other community in the country. So to create that consistency, the tation grants. We think there are good reasons why Constitution says legislative control One of the riders of which the gentle- we have set it up, because there is not over the Nation’s city belongs to the woman complains is to improve the a State education system and there are Nation. ability of Washington, D.C. to fully definitely education problems, major I realize that is difficult sometimes qualify for grants from the Environ- ones, here in the District of Columbia. for people that live here to recognize mental Protection Agency, because That program was started last year why it is set up that way, but to say they do have pollution problems, espe- and every penny necessary for every that this should not concern people cially the Anacostia River. We pro- student who qualifies is fully funded in who are not residents or this is a city vided special funding to help with this bill, plus a reserve fund of about that does not belong to the rest of the cleaning that up. We are doing these an extra 12 percent. country, I have to disagree. When one things because we do believe Wash- We hear people say but the President comes here and they see the best of ington, D.C. belongs to all of us. We do requested more. Well, last year we ap- Washington, they visit the Capitol, not all live here. There is a difference propriated $17 million for the program. they see the Lincoln Memorial, the between people who live here and peo- Guess what? Now that we have had a Washington Monument, the Jefferson ple who do not, but that difference is year to get the program in motion to Memorial, the new memorials to FDR, not to say that the Nation’s Capital find out how much it really costs, we to Korean veterans, the Vietnam vet- does not belong to all of us. It does be- found out that $14 million does the job.

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00020 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.000 H26JY0 16444 CONGRESSIONAL RECORD—HOUSE July 26, 2000 So there is a $3 million carryover. So chutes, for this control board that has b 1315 we do not need to appropriate as much been helping with the fiscal responsi- And I hear people come up on this next year, but we have still gone 12 bility in helping D.C. get its budget Floor and try to pretend, oh, you are percent beyond what they figured they back in balance, which they have done not doing this and you are not doing needed next year just to be sure. and they deserve a lot of credit for that. Take a look at what we are doing. Just because we do not give the same that, both D.C. and the control board, This is a good bill. It deserves support amount of money as the President re- because they were in deficit for so from every Member of this body. It de- quests does not justify coming here and many years and now they are in their serves support from people who say, I saying, oh, our budget is being cut. No, 4th year of having a budget surplus; do not want to give money to Wash- that simply is not true. We are not cut- and we want that to continue. ington, D.C., because I do not like a lot ting a single penny from the budget As this control board goes out of ex- of the things they do there. I under- submitted by the District of Columbia istence, they want to double their stand that; I do not like a lot of things with the control board that has been the District does either. But it is the budget in their last year, double their helping it out with oversight. Not a Nation’s Capital; it was set up dif- budget in their last year. They want to single penny is cut from their budget. ferently under the Constitution. They We have approved their budget, and we go into this fund, which we say ought do not get the same tax base that some have $414 million of Federal money be- to go to the New York Avenue Metro people do because of all of the Federal yond that. station, and they say no, we ought to land here. The Federal Government, a couple of help double the budget in the last year There are restrictions on construc- years ago, assumed new responsibil- for the control board so we can have all tion, for example, of high-rise buildings ities. We are in charge of funding the of these real nice severance pay pack- that do not exist elsewhere, because of court system. We are in charge of fund- ages for them. national security issues. The District ing the probation and parole services. That is what this debate is about. We is different. We should be helping the We are in charge of funding the prison have funded the priorities of the Dis- District, whether one is on the right, or system. That consumes most of the trict. Every penny that is necessary for on the left, or in the middle. We are $414 million, and we fund that in here. what has been authorized in this col- doing the right thing with this bill. Be- Yes, sometimes Federal agencies sub- lege assistance program is in the bill, cause it gives us a fair chance to con- mit budgets to us, and we make adjust- paid for. We have provided the money sider the differences, the rule should be ments, but we have not adjusted the for the New York Avenue Metro sta- adopted, and the bill as well. I thank the gentleman for yielding to District’s own budget. tion. Now we were told those are the me. Now let us talk about this Metro sta- top two priorities, and we have been re- tion. We have put over $7 million of sponsible and handled them respon- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Federal money in this bill and allo- sibly. Had this been the top two prior- The SPEAKER pro tempore (Mr. cated an additional $18 million from an ities for any other city in the country, PEASE). The Chair notes a disturbance in the gallery in contravention of the account where the District deposits do my colleagues think they would get law and the Rules of the House. The funds it gets from the Federal govern- a direct Federal appropriation for it Sergeant at Arms will remove those ment and collects interest on those and like this? No. They might qualify for persons responsible for the disturbance other funds. We have said they can use Federal assistance through different and restore order to the gallery. the rest. Last year it was Congress that grant programs and apply for this and made the decision on how to use that Mr. FROST. Mr. Speaker, I yield 5 so forth, but they would not just get it minutes to the gentleman from Vir- same fund, to assist the District with handed to them on a silver platter, say- buy-outs of its employees because they ginia (Mr. MORAN). ing because they are Washington, D.C. Mr. MORAN of Virginia. Mr. Speak- have a big problem with too many we are going to do something more for er, this rule should be rejected. workers not doing enough work. To try them. We are trying to be responsible Let me first say to the chairman of to reduce the size of the work force the and do that, and it really galls me to the subcommittee, I appreciate his Mayor, Anthony Williams, who is a hear some people in the District grip- feelings that are inspired by the Fed- good man and a good mayor, says he ing; ‘‘well, this is being done for us but eral monuments, whether it be the needs to reduce the size by buying out we want more.’’ F.D.R. Memorial, the Vietnam Memo- people’s contracts. And we provided The rest of the country does not ap- rial, the Washington Monument, or the money from the same fund last year, preciate that. The rest of the country, Lincoln Memorial. Of course, that is all done by this Congress, to help them if they see somebody from Washington, on Federal land, it is owned by the with what the Mayor said was his top D.C. in their State and the license Federal Government, it is run by the priority. Interior Department through the Na- This year, we are told the top pri- plate says ‘‘Washington, D.C., taxation without representation,’’ what will tional Park Service. That is not at ority is the Metro station, we said fine, issue here. we will make that money available they think? Something very different than people in the District will think. What we are talking about here is from that same fund for the Metro sta- the people who live within the District tion, and suddenly we are told, oh, we Others around the country will think, yes, they are taking my money and I of Columbia who buy their own home, are meddling; that they should not who are responsible for maintaining have to use that fund for the metro am not getting enough representation for it. their own property, who elect their construction. own representatives, and would like Contrary to what has been claimed Let us have some perspective here. their representatives to be able to rep- by some people before, that fund is not We have a special responsibility for the resent them, but would not like the part of the District’s budget. The Dis- Capital of the United States of Amer- Congress necessarily to be overruling trict has not put any budget here that ica. It has severe drug problems. It has their elected representatives, because says this is a part of our budget to severe crime problems. It has some de- they have no democratic right to hold spend it. What they have done, since crepit public schools that need im- us accountable, and that is the problem we said we will put it on their top pri- provement for the future of our kids. It with this bill. The legitimately elected ority then, they have come up with a has major management problems and a representatives of the District of Co- laundry list and say, oh, we want to huge bureaucracy that has more confu- lumbia are being overridden by Mem- spend it on some different things in- sion and more complexity than the bers of Congress who will never be held stead. Some of those things are bo- Federal bureaucracy, but still it is the accountable for what they do to the nuses for people working in the May- Nation’s Capital and we are doing District of Columbia. or’s office. Some of those things are things trying to help D.C. come back In terms of the budget, we made a severance pay, perhaps golden para- and rebound. deal back in 1997. Basically, because

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00021 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.000 H26JY0 July 26, 2000 CONGRESSIONAL RECORD—HOUSE 16445 the District of Columbia has no State funds are involved. It is an abuse of Dunn Kuykendall Ryun (KS) to support it, there are certain func- congressional power. With the passage Ehlers LaHood Salmon Ehrlich Largent Sanford tions that we agreed we would pick up, of the 1997 D.C. Revitalization Act that Emerson Latham Saxton and those functions are being short- eliminated direct Federal payments to English LaTourette Scarborough changed in this bill to the tune of $31 the district, the context and cir- Everett Lazio Schaffer Fletcher Leach million. The bill is even $22 million less cumstances with which Congress might Sensenbrenner Foley Lewis (KY) Sessions than last year’s level. For those rea- have justified past intervention is now Fossella Linder Shadegg sons, plus four specific reasons, I think gone. Federal taxpayer funds are not Fowler LoBiondo Shaw Franks (NJ) Lucas (OK) Shays this rule should be rejected. involved, we should not be involved, Frelinghuysen Manzullo Sherwood First of all, it protects four Repub- and that means we should vote against Gallegly Martinez Shimkus lican amendments, which are all of the Ganske McCollum the rule. Shows Republican amendments that were of- Mr. FROST. Mr. Speaker, I urge a no Gekas McCrery Gibbons McHugh Shuster fered. Those Republican amendments, vote on the rule. Gilchrest McInnis Simpson if they were treated the same way as Mr. Speaker, I have no further re- Gillmor McKeon Skeen the Democratic amendments, would be Goode Metcalf Smith (MI) quests for time and I yield back the Smith (NJ) subject to a point of order. The Demo- Goodlatte Mica balance of my time. Goodling Miller (FL) Smith (TX) cratic amendments are all subject to a Mr. LINDER. Mr. Speaker, I urge all Goss Miller, Gary Souder point of order. The gentlewoman from of my colleagues to support this rule so Graham Moran (KS) Spence the District of Columbia (Ms. NORTON) Green (WI) Myrick Stearns we can begin the important debate on Greenwood Nethercutt Stump wanted to offer a ‘‘Democracy’’ amend- the Washington, D.C. Appropriations Gutknecht Ney Sununu ment. I think she has some very com- bill for 2001. Hall (TX) Northup Sweeney pelling arguments, and I totally agree Mr. Speaker, I yield back the balance Hansen Norwood Talent with those arguments; but they are Hastings (WA) Nussle Tancredo of my time, and I move the previous Hayes Ose going to be ruled out of order. We can- Tauzin question on the resolution. Hayworth Oxley Taylor (NC) not bring them up, we cannot get a The previous question was ordered. Hefley Packard Terry vote on them, because they are not Herger Paul Thomas ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE protected. Why? Because they were Hill (MT) Pease Thornberry The SPEAKER pro tempore. The Hilleary Peterson (PA) Thune Democratic amendments. Hobson Petri Tiahrt Chair notes a disturbance in the gal- Hoekstra Pickering Secondly, two of these Republican Toomey lery in contravention of the law and Horn Pitts amendments that could have been Traficant the Rules of the House. The Sergeant Hostettler Pombo ruled out of order are wholly contrary Houghton Porter Upton to what we would do to our own citi- at Arms will remove those persons re- Hulshof Portman Vitter zens in the jurisdictions that we are le- sponsible for the disturbance and re- Hunter Pryce (OH) Walden store order to the gallery. Hutchinson Quinn Walsh gitimately elected to represent. The Wamp The SPEAKER pro tempore. The Hyde Radanovich Tiahrt needle exchanges amendment Isakson Ramstad Watkins inserts new language that will kill the question is on the resolution. Istook Regula Watts (OK) District’s private needle exchange pro- The question was taken; and the Johnson (CT) Reynolds Weldon (FL) Speaker pro tempore announced that Johnson, Sam Riley Weldon (PA) gram that is run by a local nonprofit Jones (NC) Rogan Weller organization. It negates it. We are the ayes appeared to have it. Kasich Rogers Whitfield going to show that. It means that, de- Mr. FROST. Mr. Speaker, I object to Kelly Rohrabacher Wicker the vote on the ground that a quorum King (NY) Ros-Lehtinen Wilson spite what the House full Committee Kingston Roukema Wolf on Appropriations did, this program, is not present and make the point of Knollenberg Royce Young (AK) run by a private organization, will not order that a quorum is not present. Kolbe Ryan (WI) Young (FL) The SPEAKER pro tempore. Evi- be able to operate. No Federal and no NAYS—203 dently a quorum is not present. local public funds are involved in this Abercrombie Cramer Hilliard program, and yet we are going to en- The Sergeant at Arms will notify ab- Ackerman Crowley Hinchey sure that it cannot even operate. sent Members. Allen Cummings Hinojosa The Bilbray smoking amendment ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Andrews Danner Hoeffel Baca Davis (FL) Holden would impose Federal penalties and The SPEAKER pro tempore. The Baird Davis (IL) Holt sanctions on children caught smoking. Chair notes a disturbance in the gal- Baldacci DeFazio Hooley That is a well-intentioned thing to do, lery in contravention of the law and Baldwin DeGette Hoyer but no other jurisdiction in this coun- Barcia Delahunt Inslee Rules of the House. The Sergeant at Barrett (WI) DeLauro Jackson (IL) try faces a similar Federal penalty for Arms will remove those persons re- Becerra Deutsch Jackson-Lee children caught smoking. We would sponsible for the disturbance and re- Bentsen Dicks (TX) never do that to any district we rep- Berkley Dingell Jefferson store order to the gallery. Berman Dixon John resent. It is clearly legislating on an The vote was taken by electronic de- Berry Doggett Johnson, E. B. appropriations bill. There is not one vice, and there were—yeas 217, nays Bishop Dooley Kanjorski Member of this body that would impose 203, not voting 14, as follows: Blagojevich Doyle Kaptur this restriction on any citizen that Blumenauer Edwards Kennedy [Roll No. 442] Bonior Engel Kildee elects them directly to represent them. YEAS—217 Borski Eshoo Kilpatrick Third, it protects the bill against a Boswell Etheridge Kind (WI) point of order that could be raised Aderholt Boehner Coble Boucher Evans Kleczka against a whole host of provisions in Archer Bonilla Coburn Boyd Farr Kucinich Armey Bono Collins Brady (PA) Fattah LaFalce this bill that are legislating on an ap- Bachus Brady (TX) Combest Brown (FL) Filner Lampson propriations and have no business in an Baker Bryant Cook Brown (OH) Forbes Lantos appropriations bill. We do not have Ballenger Burr Cooksey Capps Ford Larson Barr Burton Cox Capuano Frank (MA) Lee those type of legislative restrictions on Barrett (NE) Buyer Crane Cardin Frost Levin any other appropriations bills. They Bartlett Callahan Cunningham Carson Gejdenson Lewis (GA) are punitive provisions put in to fix Bass Calvert Davis (VA) Clay Gephardt Lipinski one-time situations and left in there. Bateman Camp Deal Clayton Gonzalez Lofgren Bereuter Campbell DeLay Clement Gordon Lowey Lastly, these amendments are a clear Biggert Canady DeMint Clyburn Green (TX) Lucas (KY) violation of the spirit of District home Bilbray Cannon Diaz-Balart Condit Gutierrez Luther rule, offering amendments that pro- Bilirakis Castle Dickey Conyers Hall (OH) Maloney (CT) Bliley Chabot Doolittle Costello Hastings (FL) Maloney (NY) hibit the District from implementing Blunt Chambliss Dreier Coyne Hill (IN) Markey local initiatives where no Federal Boehlert Chenoweth-Hage Duncan

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00022 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.000 H26JY0 16446 CONGRESSIONAL RECORD—HOUSE July 26, 2000 Mascara Pallone Spratt The SPEAKER pro tempore (Mr. Chairman, as I made the point earlier, Matsui Pascrell Stabenow PEASE). Is there objection to the re- this is a different community than any McCarthy (MO) Pastor Stark McCarthy (NY) Payne Stenholm quest of the gentleman from Okla- other community in the Nation or we McGovern Pelosi Strickland homa? would not be talking about this. We McIntyre Peterson (MN) Stupak There was no objection. would not be making special money McKinney Phelps Tanner f available to D.C. were it not our Na- McNulty Pickett Tauscher Meehan Pomeroy Taylor (MS) tion’s Capital. Meek (FL) Price (NC) DISTRICT OF COLUMBIA Thompson (CA) We have a Nation’s Capital that was Meeks (NY) Rahall APPROPRIATIONS ACT, 2001 in severe financial straits, basically Menendez Rangel Thompson (MS) Millender- Reyes Thurman The SPEAKER pro tempore. Pursu- bankrupt financially, a few years ago; McDonald Rivers Tierney ant to House Resolution 563 and rule murder rates were at the top of the Miller, George Rodriguez Towns XVIII, the Chair declares the House in charts; failure rates in schools at the Turner Minge Rothman the Committee of the Whole House on Mink Roybal-Allard Udall (CO) bottom. This Congress got busy several Moakley Rush Udall (NM) the State of the Union for consider- years ago and created a plan to re- Mollohan Sabo Velazquez ation of the bill H.R. 4942. structure and restrengthen the District Moore Sanchez Visclosky of Columbia, to get it back on its feet. Moran (VA) Sanders Waters b 1346 Morella Sandlin Watt (NC) And I want to applaud the people that IN THE COMMITTEE OF THE WHOLE Murtha Sawyer Waxman were involved in this Congress, the peo- Nadler Schakowsky Weiner Accordingly, the House resolved ple that were involved in the adminis- Napolitano Scott Wexler itself into the Committee of the Whole tration, the people involved in the Dis- Neal Serrano Weygand Oberstar House on the State of the Union for the trict government, the people involved Sherman Wise Obey Sisisky consideration of the bill (H.R. 4942) Woolsey on the control board that was set up to Olver Skelton Wu making appropriations for the govern- oversee the District government, who Ortiz Slaughter ment of the District of Columbia and Owens Snyder Wynn collectively have worked together and other activities chargeable in whole or have brought the Nation’s Capital out NOT VOTING—14 in part against the revenues of said of bankruptcy so that this year, for the Barton Jenkins McIntosh District for the fiscal year ending Sep- fourth straight year, they are going to Cubin Jones (OH) Roemer tember 30, 2001, and for other purposes, Ewing Klink Smith (WA) have a budget surplus. The figure I am Gilman Lewis (CA) Vento with Mr. LAHOOD in the chair. hearing is they are looking at a surplus Granger McDermott The Clerk read the title of the bill. of about $280 million. That is great. b 1344 The CHAIRMAN. Pursuant to the Now, it would not have happened, Mr. rule, the bill is considered as having Messrs. KUCINICH, CROWLEY and Chairman, had the Federal Govern- been read the first time. THOMPSON of California and Mrs. ment not assumed some direct liabil- Under the rule, the gentleman from MALONEY of New York, Ms. BROWN ities that other States and commu- Oklahoma (Mr. ISTOOK) and the gen- of Florida and Mrs. CLAYTON changed nities face themselves, such as I men- tleman from Virginia (Mr. MORAN) their vote from ‘‘yea’’ to ‘‘nay’’. tioned earlier, the prison system, the each will control 30 minutes. Mr. SMITH of Michigan and Mr. court system and so forth. We also as- The Chair recognizes the gentleman SHOWS changed their vote from ‘‘nay’’ sumed some retirement obligations from Oklahoma (Mr. ISTOOK). to ‘‘yea’’. that are not directly appropriated but So the resolution was agreed to. Mr. ISTOOK. Mr. Chairman, I yield are paid through the Federal Govern- The result of the vote was announced myself such time as I may consume. ment, and increased the Federal share as above recorded. Mr. Chairman, this is the appropria- of Medicaid reimbursements from 50 A motion to reconsider was laid on tion bill that we consider each year for percent to 70 percent. So, with that the table. the District of Columbia, the Capital of help, and some of it seen and some un- Stated against: the United States of America. In addi- seen, but with an agreement of involve- Mr. MCDERMOTT. Mr. Speaker I was un- tion to local monies and in addition to ment and help of this Congress, the avoidably detained by official business and un- monies that the District receives, just District of Columbia is back on its fi- able to vote on H. Res. 563. I would have as other communities and other States nancial feet. voted against H. Res. 563 (rollcall No. 442). do through different Federal programs They still have severe problems in f for transportation, for education, for schools, with drugs, with crime, but public assistance, for Medicaid and there is also a resurgence of the busi- PERSONAL EXPLANATION Medicare; in addition to all of those, ness community. The D.C. Council— Ms. GRANGER. Mr. Speaker, due to attend- this bill appropriates $414 million for and they deserve all the credit in the ance at a funeral, I was not present for sev- the District of Columbia to operate its world for this—a year ago they led the eral rollcall votes today. prisons, its courts, and the program of way saying that D.C. was going to re- Had I been present, I would have voted supervising those that are on some duce taxes on people here because they ‘‘aye’’ on rollcall 439, 440 and 442. I would form of probation or parole. wanted people to come back and live in have voted ‘‘no’’ on rollcall 441. And even beyond that, this makes ad- the city. Tens of thousands of people f ditional monies available for a number over the years moved out of the Dis- b 1345 of special items in the District of Co- trict. We want them back and we want lumbia, such as the new expansion of to create financial incentives as well as GENERAL LEAVE the metro system, the subway system a better and safer place for the people Mr. ISTOOK. Mr. Speaker, I ask in the District; funding for a special who live here, who work here, and who unanimous consent that all Members college tuition program that provides visit here. may have 5 legislative days within thousands of dollars to D.C. students to The District has made a lot of finan- which to revise and extend their re- go to college, dollars that are not pro- cial progress. But everything is not marks on the bill (H.R. 4942) making vided to students from any other part straightened out yet, and we under- appropriations for the government of of the country; providing environ- stand that and we are trying to work the District of Columbia and other ac- mental cleanup monies; or providing patiently. There is a new Mayor: An- tivities chargeable in whole or in part assistance in the development and the thony Williams. He is a good man against the revenues of said District strengthening of the charter school doing a good job, really focusing on for the fiscal year ending September 30, movement here in the District of Co- working the bureaucracy and getting it 2001, and for other purposes, and that I lumbia. whittled down because it consumes re- may include tabular and extraneous I do not want to detail all of them sources and it stops things from hap- material. right now. I do not think I need to. Mr. pening that ought to be happening,

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00023 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.000 H26JY0 July 26, 2000 CONGRESSIONAL RECORD—HOUSE 16447 whether it is a business that wants a lems that are still severe in the Dis- not try to hold them back but, for the permit or whether it is a matter of run- trict. If they took even half the money benefit of the future of these kids, it ning the D.C. General Hospital. that they were wasting and applied it lets them advance. Now, here we have a public hospital to things like a metro station, or a So we will have a debate, Mr. Chair- that already gets tens of millions of cleanup problem, or an economic devel- man, on many of these different items. dollars each year in direct subsidies opment problem, whatever it might be, I know it is not all financial. Life is from the District government and still they would not need to ask for special not just all about money, and being the has been going beyond that. They have money from Congress to help with the Nation’s Capital and being in harmony taken hundreds of millions of dollars in revitalization of the District of Colum- with the rest of the country is not all money that was not even budgeted. It bia. They would have it. about money either. was not even budgeted. And here is So we are trying to work with them where I will fault the local govern- on all fronts. This bill does that. It I appreciate the gentleman from Vir- ment. They took money that was not helps with the charter school move- ginia (Mr. DAVIS), who chairs the au- even budgeted, and hundreds of mil- ment, which is a part of public schools, thorizing committee, the oversight lions of dollars were supposedly loaned but is run differently without the nor- committee. We have not worked with to the hospital and then they wrote off mal school bureaucracy, that is ap- him as smoothly as we should have on the loans. The District needs to be hon- proaching 15 percent of the students in many things, but he and his committee est in its budgeting. And taxpayers are D.C. public schools. These parents have have been so supportive of helping D.C. not getting their monies’ worth in pub- chosen to send their children to a pub- to get back on its feet and helping to lic health benefits, yet they are paying lic charter school instead of one of the make reforms happen in Washington, inordinately high amounts for it. And other regular public schools, and we D.C. they are paying through the use of are trying to help give them equal foot- Mr. Chairman, I am submitting here- gimmicks such as loans, which they ing with the regular public schools as with for the RECORD a chart comparing then write off. far as the way that public resources are the amounts recommended in H.R. 4942 I say that as one example of the man- allocated and the way the bureaucracy with the appropriations for fiscal year agement problems and the waste prob- treats them so the bureaucracy does 2000 and the request for fiscal year 2001:

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00024 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.000 H26JY0 16448 CONGRESSIONAL RECORD—HOUSE July 26, 2000

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00025 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.000 H26JY0 Insert offset folio 287/1 here EH26JY00.001 July 26, 2000 CONGRESSIONAL RECORD—HOUSE 16449 Mr. Chairman, I reserve the balance one of the cities that needs help the the United States followed this rec- of my time. most. It is our capital city, and we ommendation in their budget. But we Mr. MORAN of Virginia. Mr. Chair- made a commitment in the 1997 D.C. have not done so. man, I yield myself such time as I may Revitalization Act to assume certain We have got 68 superfluous general consume. responsibilities; to make them Federal provisions; and in the vast majority of Mr. Chairman, the District of Colum- responsibilities. And now, in this bill, them we would never think of imposing bia has 13 elected city council mem- we are shortchanging the D.C. govern- these kind of punitive, paternalistic re- bers; they have an elected mayor; and ment, reneging on our commitment to strictions on any jurisdiction that we there are six members on the control the tune of $31 million. In a $1.7 trillion were elected to represent. board that are not elected but have re- budget we cannot find $31 million to Why do we do it to the District of Co- sponsibility. It is more members than meet our own commitments? The fact lumbia? We do it to the District of Co- we have on the Subcommittee on the is we can, but we choose not to. lumbia because they cannot fight back, District of Columbia of the Committee Now, with this lower allocation, what they are helpless, we have control over on Appropriations, and yet we gave the don’t we fund? Well, we have two criti- them, and they cannot vote us out of elected representatives of the District cally needed economic development office. They cannot hold us responsible. of Columbia 1 day of hearings and then initiatives in the District, and one is They cannot do a darn thing to us. And turned around the very next day and completion of a New York Avenue so we beat up on them with these kinds marked up this bill. metro station. The private sector, the of restrictive provisions and make our- In the markup we decided to impose business community, said that they selves look good back home. our fixes on some of the most serious would put up $25 million, D.C.’s own So we are going to offer a series of problems that the District faces. For amendments here. I know we will prob- taxpayers said they would put up $25 example, let me just give one example. ably lose them, and many of them are million, and the Federal Government In Anacostia, in the poorest part of going to be found out of order because was to put up $25 million as well. This this city and one of the poorest parts of of this rule that protected Republican bill does not do that, though. They met this Nation, where there are homicides amendments and did not protect the their share, we are not meeting our that occur on a nightly basis, where Democratic initiatives. share. there is some of the worst poverty and One of them deals with a controver- We are putting up $7 million in fed- desperation, rapes and all the things sial issue, medicinal use of marijuana. eral funds. We are going to use $18 mil- that occur when too many low-income But what did we do? We decided that lion from an interest account that ex- people are forced into desperate cir- D.C. took a referendum, and we pre- ists, but we find out now that the $18 cumstances, they depend on what is vented them for the last year from called D.C. General Hospital. The folks million does not exist. It has already even counting the results of that ref- who use that hospital do not have been used in the D.C. budget that has erendum. health insurance, for the most part, already been submitted; that has been Well, that is not the responsible way and the care they need is very expen- approved by the District and will be- to address a controversial issue. I will sive care and it is very difficult to get come law unless Congress disapprove not get into that any further except to doctors and health care professionals it, which we will not do. say this is not the way that we treat a working there. So the $18 million does not exist. It is community; it is not the way we would So what we decided to do, because a shell game. It is double counted. So treat communities within our district. they have management problems and we are underfunding the New York Av- We have got a domestic partners law, financial problems, is to say that D.C. enue metro station when two-thirds of and it says that D.C. cannot offer General cannot use its line of credit it is not even being funded by the Fed- health insurance for domestic partners. any more. It is actually operated by eral Government. But yet 3,000 employers across the what is called the Public Benefits Cor- And then there is the Poplar Point country do it in any number of State poration. We are now told that means brownfield remediation project, an ex- and local jurisdictions. We never re- that this hospital goes under; it will cellent project. We agree with it. We strict any of those States and local ju- become insolvent within a year, as well give it all the rhetoric and none of the risdictions. We did not tell employers as the Southeast Community and a money that it needs. they cannot do it, but we tell D.C. it number of health care clinics in South- b 1400 cannot do it. east D.C. that deal with women and There is a Contraceptive Coverage We will not have the funds to extend children throughout the neighbor- Act that has received a lot of publicity. the foster care adoption incentives. hoods. It does seem that if a health insurance Now, an alternative might have been There are kids languishing in the fos- company is going to cover things like to consult with the mayor, the city ter care. There are people that want to Viagra for men, it ought to cover con- council, the professional experts work- adopt them, good parents, and we traception for women. That seems only ing on this problem. But we did not do underfund that. It even underfunds our fair and equitable. that. We gave 1 day, then imposed our own Financial Control Board that we We put in legislation that said that solutions. I do not think that is the set up to oversee the District’s budget. they cannot do that unless they in- way we should be doing things. So I do not think that this is a bill clude the kind of religious exemption Now, we are going to talk at greater that we should be particularly proud and ability to opt out on the grounds of length on that when we have a specific of. But even more troubling, once again moral objections, which makes sense, discrete amendment on that issue, but we are going to debate a series of social except that it is very broad and, again, it is typical of a number of what are riders and address some new ones as we do not do it to anyone else. called general provisions in this bill well that violate the principle of de- I think D.C. should be able to control that attempt to legislate and to over- mocracy and home rule and restrict these issues on their own. They are the ride what D.C.’s legitimately elected how the District may elect to use its ones that are being held responsible. officials are trying to do to solve their own funds to address its own set of pri- The Mayor is going to pocket veto the own problems. But in addition to that, orities. contraceptive coverage and insist on we have a funding shortfall. The bill is Earlier this year I asked the gen- the religious exemption clause. But let $31 million short of what the adminis- tleman from Oklahoma (Chairman him do it. He is held accountable. Let tration and the District of Columbia ISTOOK) if we could not start with a them make that kind of decision. It is government requested. It is $22 million clean appropriations bill this year, not up to us to be doing that. below what Congress appropriated for clear it of all of last year’s general pro- And the same legislation exists in 13 the District of Columbia last year. visions that did not belong in an appro- States. We have not tried to restrict Now, what excuse can we offer? We priations bill. The District of Colum- them in any of those States that we are in a time of great surplus. This is bia, the Mayor, and the President of have legitimate control over.

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00026 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.000 H26JY0 16450 CONGRESSIONAL RECORD—HOUSE July 26, 2000 Again, there are a number of specific everybody a fair opportunity to present objections to this bill. One: not merely situations that are objectionable in their views and to support or oppose cuts, but redirection of the remaining this bill. We have 68 general provisions the amendments that were before the funds from indispensable priorities that I mentioned. Many of them were committee. that the Mayor and the council specifi- punitive. They were one-time meas- Here in the House, on each of those cally requested Federal funds to cover, ures. Five of them are already Federal amendments that we knew were sub- including a subway station that is es- law. We have got another dozen rough- ject to a point of order, we allowed the sential to the District’s number one ly that are already included in the D.C. Member who sponsored that amend- economic priority and to a new Federal Code or in the D.C. budget. To include ment sufficient time to explain the ATF facility on New York Avenue; and them is superfluous. amendment before we ever pressed for two: reinserting into the bill not only Why do we leave this junk in an ap- the point of order. So I think we have social riders, to which we have always propriations bill? We want to clear it bent over backwards. objected, but gratuitously a far larger out. That amendment should have been I served here for a long time in the number of riders that are so out of made in order. minority, and I do not recall that ever date, or irrelevant that OMB and the Mr. Chairman, we will now embark happening to one of our amendments District believed that no Member upon probably a spirited and controver- when we were in the minority. If there would want the bill encumbered with sial debate. But the bottom line is that was a point of order lying, the point of them. we ought not be having this debate be- order was raised and the amendment A new administration that is clean- cause every issue we will discuss has was stricken at that point. ing house in the city and streamlining been discussed by the members of the In fact, on one occasion, just a few D.C. government deserves at least to be District of Columbia City Council, has days ago, we allowed 3 hours of debate relieved of outdated and redundant rid- been considered by the Mayor, has been under unanimous consent on an amend- ers from prior city administrations. considered by the citizens of the Dis- ment offered by the Democratic side of The dollars used in this bill to pay trict of Columbia. the House knowing full well that it was for items meant to be federally funded We live in a democracy. They should subject to a point of order. The sponsor deserve special mention and has been be able to exercise their democratic of the amendment knew that it was discredited in a June 30 GAO report rights, and we should not be overruling subject to a point of order, but yet we commissioned by the chairman him- them. allowed 3 hours of debate. self. Mr. Chairman, I reserve the balance Now, how the gentleman could sug- The bill requires D.C. to use interest of my time. gest that we have treated Democrats accumulated on D.C. accounts instead Mr. ISTOOK. Mr. Chairman, I yield 2 differently than Republicans I do not of Federal money in the President’s minutes to the gentleman from Florida know. But we have bent over back- budget. Yet the June 30 GAO report to (Mr. YOUNG), chairman of the full Com- wards to be extremely fair to both the chairman stated that Congress has mittee on Appropriations. sides of the aisle. And what is fair for already instructed the District on how Mr. YOUNG of Florida. Mr. Chair- one side is fair for the other. the interest must be used. The GAO man, I rise in support of the bill. I hope that we can resolve these dif- concluded: ‘‘As a result, the District I want to compliment the chairman ferences today, Mr. Chairman; and I does not have any interest earnings on and members of the subcommittee. hope that we can pass this bill and let available Federal funds.’’ This was not an easy bill to bring be- the appropriators get busy with the The Mayor and the city council have fore the subcommittee or the full com- conference meetings with the other made their views known in writing to mittee. There were considerable dif- body so we can conclude our appropria- the chairman, and I have had some dis- ferences of opinion, to say the least. tions business well ahead of the begin- cussions with him. The bill is not yet However, I am happy to report to our ning of the fiscal year. acceptable to the District, and I ask colleagues the good news. This is the Mr. MORAN of Virginia. Mr. Chair- my colleagues to vote no on this bill. final appropriations bill to go through man, I yield 5 minutes to the gentle- We are not naive about bills before the House of Representatives in this woman from the District of Columbia this body. We are prepared to support phase of our appropriations process. (Ms. NORTON), who is the one person ac- any amendments or changes that Not only is this number 13, but the tually elected by the D.C. residents to would produce not the preferred bill House has already concluded work on represent them. but a better bill. To accomplish this, it the Supplemental. We have Ms. NORTON. Mr. Chairman, I thank will take more give and take and more conferenced the Supplemental. We the gentleman for yielding me the respect for the local prerogatives freely have conferenced the Military Con- time. given to every other locality than this struction appropriations bill. We have Mr. Chairman, I rise to speak for the bill reflects for the District. conferenced the Defense Appropria- city where free Americans reside, not Let us get to work and challenge our- tions bill. And several other con- the Federal city. The Federal city be- selves to do better. ferences are under way as we speak. longs to everyone. As free American Mr. YOUNG of Florida. Mr. Chair- So we are moving right along. I think citizens, Wards 1 through 8 belong to man, I yield 4 minutes to the distin- the Members will be happy to hear that those of us who live in the District of guished gentleman from Virginia (Mr. this is the final bill, this is the 13th Columbia. DAVIS). bill. Each year lots of time has been spent Mr. DAVIS of Virginia. Mr. Chair- I wanted to say something about the debating the minutia of details of one man, I thank my friend, the distin- process. The gentleman from Virginia city far afield from urgent national guished chairman of the full com- (Mr. MORAN) when he spoke earlier business and outside the competence of mittee, for yielding me the time. talked about treating the Democratic national legislators. The result, with- My compliments to the chairman and amendments one way and Republican out exception, has been multiple vetoes the ranking member for the time and amendments another way. I will say to that ultimately result in turning energy they and their staffs have put our colleagues that during the entire around the very controversial amend- forward devoted to reviewing the D.C. process on this bill and every other bill ments voted into this bill or substan- budget and bringing this bill to the we have treated both Republicans and tially changing them. floor in a timely manner. Democrats the same way. If an amend- When will we learn? Hopefully, this Just a few years ago, the District of ment was germane to the bill, we de- year. There is not enough time left in Columbia government faced a financial bated the amendment as much time as this session to play games with the crisis of epic proportions. That situa- the Members wanted. And on occasion D.C. appropriation. tion was so severe that the District that was a lot of time. But we took The Mayor, the D.C. council and I could not deliver basic services, and whatever time was necessary to give have been clear about our two major there was a very real concern that it

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00027 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.000 H26JY0 July 26, 2000 CONGRESSIONAL RECORD—HOUSE 16451 would run out of cash to pay its debt let the city and encourage the city to stitute our own uninformed opinions service or to even meet its payroll. remedy the mistakes they make. That for the sound judgment of the public Today, the city’s population is stabi- is the only way democracy is going to health community, to say, in effect, lizing, the real estate market is up, grow and nurture, is not having us try Our minds are made up. Don’t confuse suburban residents are making more to redo everything that they do but us with facts. leisure trips into the city, and jobs make them accountable for their own I have seen what needle exchange have increased dramatically. ordinances and their own mistakes. In programs have accomplished in Massa- Next year, the Control Board will go this case, I think the council and most chusetts, Mr. Chairman. I know they in a dormant state, as anticipated in importantly the Mayor have stepped up save lives. If the Souder amendment the legislation that we passed here in to the plate and have said that they becomes law, more people in Wash- 1995. The city has balanced its budget would try to remedy this on their own. ington, D.C., may be infected with the for a fourth straight year; and its lead- Overall, I commend the gentleman AIDS virus. More people will die of it. ers are showing, with only a handful of from Oklahoma (Mr. ISTOOK), though, And our Nation’s capital will continue exceptions, that they are focused on for this forward-looking spending plan, to lose ground in its fight to protect fostering economic growth and deliv- a budget that ensures the District of the public health of its citizens. ering basic services. Columbia’s renaissance will continue On the other hand, if the Souder This budget goes a long way toward in coming years. I am proud to have amendment is enacted, local needle ex- continuing the tremendous strides we played a part in the city’s rebirth these change programs in the District will have made in the Nation’s capital over past years, and I want to thank the fel- somehow manage to carry on their the past 6 years. It funds a wide variety low members of my subcommittee on work without the benefit of public of programs. It will greatly enhance the authorizing side, the gentlewoman funding as they have been doing with the quality of life for D.C. residents from the District of Columbia (Ms. the current restrictions. But the and those who visit and work in this NORTON), the ranking Democrat; and Tiahrt amendment would have a seri- wonderful city from enhanced resource the gentlewoman from Maryland (Mrs. ous and immediate impact on these ex- for foster care, for drug treatment and MORELLA), my vice chairman; and isting programs. It would prohibit public education, to money to clean up other Republicans and Democrats for them from distributing sterile needles the Anacostia River and construct a the work that they have done over within 1,000 feet of a school or univer- Metro Rail Station on New York Ave- these past years to get the District sity, public housing project, student nue. back on its feet. I wish Mayor Williams center or other recreational facility. I realize the gentleman is trying to pro- b 1415 and the city council the best of luck in the future. I think the city is in pretty tect children from exposure to unsafe There are funds for a number of pro- good hands at this point. Although this needles and the drugs that are used to grams to bolster opportunities for the bill is not everything it can and prob- inject. I only wish the problem were city’s youth population, including ably should be, this is a very difficult that simple. As a former law enforce- $500,000 for character education and measure to craft, as we have found ment official, I have spent considerable $250,000 for youth mentoring programs. every year on this floor. time in our inner cities. The reality is And there is much more: $1 million I urge a ‘‘yes’’ vote on the bill. there are plenty of needles out there for the Washington Interfaith Network Mr. MORAN of Virginia. Mr. Chair- well within 1,000 feet of schools and for affordable housing in low-income man, I yield 3 minutes to the gen- housing projects and student centers, neighborhoods and another $250,000 for tleman from Massachusetts (Mr. and those needles are not sterile. new initiatives to battle homelessness; DELAHUNT). This amendment will do nothing to $6 million to cover the city’s costs as- Mr. DELAHUNT. Mr. Chairman, I change that tragic reality. It will not sociated with the 2001 presidential in- rise to express my concern about the keep out the drugs and drug para- auguration; $250,000 for Mayor Williams amendments regarding needle ex- phernalia that litter these urban bat- to simplify personnel practices, money change programs in the District of Co- tlegrounds, if you will. It will not keep which will allow the city to build on lumbia that are being offered by the out the diseases that are spread by ig- the many improvements already under gentleman from Indiana (Mr. SOUDER) norance and lack of sanitation. What it way in the area of management reform. and the gentleman from Kansas (Mr. will do is make sure that these kids But there are shortcomings to this TIAHRT). The bill before us already bars who inject drugs and who live in these bill as well. I am concerned, for exam- the use of Federal funds to pay for neighborhoods, the very young people ple, that funding for the D.C. college these programs. But the Souder amend- who are at most risk for HIV/AIDS, access program, a program created by ment would go further. It would pro- hepatitis and other diseases trans- legislation I introduced in the last Con- hibit the people of the District from mitted through infected needles, will gress, is cut by $3 million in this budg- using their own money, money ob- have no recourse but to reuse unsterile et. I am profoundly concerned that this tained through local taxation, for pro- equipment. shortage could leave some D.C. stu- grams that are widely supported by the We cannot cure the problem by dents out in the cold, back in their old local citizenry. This is unfair to D.C. throwing a cordon around our public disadvantaged position and unable to citizens who find themselves subject to institutions. Only good science and become all that they can and should the whims of representatives whom sound health policy can do that. be. However, I am heartened by the they did not elect. But I would submit I urge my colleagues to reject these fact that the Senate has a higher 302(b) it is also a terrible precedent for the amendments. allocation and that hopefully when this country as a whole, because despite the Mr. ISTOOK. Mr. Chairman, I yield 3 comes to conference some of this squeamishness of some Members of minutes to the gentleman from Kansas money can be restored. I urge my col- Congress at the mere sight of a needle, (Mr. TIAHRT), one of the valued mem- leagues to restore the funding level for the truth is that these programs work. bers of our subcommittee. this historic program. They prevent HIV infection. They do Mr. TIAHRT. Mr. Chairman, I would The religious exemption or con- not encourage or increase drug abuse. like to step back just 6 years and look science clause that is in this legisla- In fact, there is solid evidence that at the District of Columbia because it tion may be rendered moot by the fact they actually help reduce drug abuse was a very different place then. They that the Mayor has said that he will by encouraging injection drug users to were running a budget deficit. Schools pocket veto this legislation. In my enter treatment. were failing. It was known as the mur- judgment, the city council made a huge It is bad enough for legislators to der capital. And crime had kept people mistake in not having a conscience overrule local decision-makers in mat- in fear. clause attached to their contraceptive ters of this kind, but it is the worst The first interaction that I had with coverage legislation, but we ought to kind of irresponsibility for us to sub- the District of Columbia was trying to

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00028 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.000 H26JY0 16452 CONGRESSIONAL RECORD—HOUSE July 26, 2000 get a constituent who had been killed ment. There are currently four loca- mitting one-third of the funds. While by a taxi, have their body released to tions that would not be affected by my the city and the private sector have the family. Red tape ruled in the Dis- amendment where needles could be dis- stepped up, Congress is shirking its trict of Columbia, and it was a very tributed. duty by not providing the full $25 mil- large task just to get the deceased re- As we continue this debate, Mr. lion in Federal funds that the Presi- leased to their family. Chairman, I hope we come to a conclu- dent has proposed. It includes only $7 But today it is a better city by a long sion and pass this bill today. million directly and makes up the re- ways. The D.C. budget is balanced, and Mr. MORAN of Virginia. Mr. Chair- maining $18 million through account- that is why it was accepted in this bill. man, I yield myself 30 seconds on this ing gimmicks, including the borrowing The quality of education has improved issue, we are going to have a little time on the city’s interest fund which only through charter schools and through later on to discuss it, in terms of nee- has $6 million left and is already obli- new projects in public schools. It is a dle exchange. gated by other uses. safer community to live in. And the D.C. has the worst problem of AIDS The choice forced on the city to people from Kansas are more com- infection of women and children, and delay building the station or losing fortable when they come to the Dis- the principal reason is the exchange of other important priorities is not ac- trict of Columbia. Things have gotten dirty needles. The exchange of clean ceptable. We compound this missed op- better. needles works, but it is very restricted portunity by the nearby development But it did not happen by accident. because of the Congress’ intervention. of the Metropolitan Branch Trail, the Congress did get involved. It provided This amendment would effectively pre- bicycle beltway within the Beltway oversight. The D.C. control Board in- clude even private organizations from that could have the $8 million that we sisted on revisions to the city and to being able to address this problem. have already allocated through TEA–21 the police department. The gentle- There are too many women and chil- coordinated with the station. We risk woman from the District of Columbia dren dying of AIDS in D.C. We ought to losing both the station and the coordi- (Ms. NORTON) said earlier the Federal do whatever is necessary to save their nation of the trail. It would be a trag- city belongs to everyone. I think that lives. edy. is exactly what the writers of the Con- Mr. Chairman, I yield 31⁄2 minutes to Poplar Point, a 110-acre site along stitution had in mind when they gave the gentleman from Oregon (Mr. the southern corridor of the Anacostia Congress, and I quote, ‘‘power to exer- BLUMENAUER), the leader of the Smart River, has the potential of becoming a cise exclusive legislation in all cases Growth Initiative nationwide. vital urban waterfront, serving the whatsoever,’’ in article 1, section 8 of Mr. BLUMENAUER. Mr. Chairman, I needs of District residents who now our Constitution. can only imagine the frustration that must travel faraway to enjoy the wa- The opponents of our bill say, Well, the gentlewoman from the District of terfront amenities that are right out- our cities aren’t regulated like this, so Columbia (Ms. NORTON) must feel talk- side their and our door. we shouldn’t be involved. But if you ing about the special benefits that are Not only has the site been neglected talk to the city councils in Kansas, accorded to the District of Columbia; by the Federal Government, but a por- they know that Congress has inter- for indeed what we have done, the Dis- tion of the environmental damage is vened. They have intervened through trict has special obligations that no the result of pesticide residue left by the Clean Air Act, through clean water other local government in the country the Architect of the Capitol, because regulations, through transportation has. It has the burdens of both a city that was our nursery that operated regulations, air travel regulations, and a State and it does not have the there for many years. It adds a new di- labor regulations, wage restrictions. tools that we give the rest of America. mension of interference for the Con- And the people in the city have been On top of that, Congress is interfering gress in the District of Columbia. It il- regulated by Congress, too, health unnecessarily, making that job even lustrates the special responsibility we care, work requirements. Congress has harder. owe to the District both as a neighbor injected itself into our schools, our Not only does it add unnecessary and and as a tenant. hospitals, our city councils and our outdated riders, but the budget that we The bill does not provide the re- own homes. Congress does have over- are discussing here today is $22 million quested $10 million for environmental sight of the District of Columbia. below last year’s funding level. The cleanup and infrastructure improve- So the question is, How should we be funding that remains is not fairly dis- ment needed to spur the redevelopment involved in this process? I think one of tributed to the city’s most urgent eco- and improve the economic health for the things that this bill does that is nomic and educational priorities. the residents living near Poplar Point. very positive is that we go into the I care specifically about livable com- areas of this city which need to be re- munities, and I would like to reference b 1430 claimed and provide mentoring pro- two: one, the New York Avenue Metro Between the irrelevant riders, the grams to children that are at risk, giv- station and Poplar Point in Southeast limitations of the District’s ability to ing a mentor to them, to be with them District of Columbia. The proposed self-govern, we are missing an oppor- when they need to go to school to find Metro station at New York and Florida tunity. It is not just unfair to the resi- out their homework assignments, when Avenues is the linchpin of proposed dents of the District of Columbia, it is they need to go to the hospital or to new economic development activity for not fair to the American public. the physician, and God forbid they the District. Mr. ISTOOK. Mr. Chairman, I yield should have to go to court, the mentor We here in the District every day ex- myself 1 minute. is there with them. This bill provides perience poor air quality, choking traf- Mr. Chairman, I keep hearing people such help. It also provides a hotline so fic. We hear about problems of sprawl try to create a fiction that supposedly that if someone is in need in this city, and economic development. The pro- we are not taking care of what the Dis- they call a hotline and they are not let posed Metro station represents an im- trict says is its top priority; namely, off the phone line until they are di- portant step in bringing jobs and peo- the Metrorail station at New York Av- rectly connected with an agency that ple together in a location that is con- enue. In fact, at the Full Committee, can provide directly for their need. venient for commuters and does not in- we shifted a few million dollars more of There are other things we are going crease sprawl or require massive addi- Federal funds into the Metrorail to debate. We are going to debate tional infrastructure investments in project, as well as the interest earnings where we should deliver needles outlying areas. on the Federal and other funds that we through the drug needle exchange pro- This has been extensively planned are allocating. gram. I personally think we ought to through public and private initiatives Mr. Chairman, I heard the gentleman protect the children. We have talked to with the District, the Federal Govern- from Oregon (Mr. BLUMENAUER) say, the District of Columbia Police Depart- ment, and the private sector each com- oh, but the fund only has $6 million,

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00029 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.000 H26JY0 July 26, 2000 CONGRESSIONAL RECORD—HOUSE 16453

and it does not have $18 million. That That is the direction we are working Oklahoma (Mr. ISTOOK) for yielding the is not accurate. Mr. Chairman, what in. When I first arrived here, there was time to me and to say to the last has happened is after the control board a woman on the board that was ap- speaker, the gentleman from California found out that we thought that money pointed by Marion Barry that could (Mr. CUNNINGHAM), one of the inter- should go to the top priority of the Dis- not read. She was on the committee on esting things is about the needle ex- trict, then we started receiving lists the budget, but she had never had an change program in Baltimore, there saying ‘‘we have these things that were accounting course. She was a func- are people who actually want the nee- not part of our budget, we want to tioning illiterate, but yet she was a po- dle exchange program in certain areas, spend this money on something dif- litical appointee. We appointed a board because they have discovered that it ferent than our top priority.’’ And that to try and help that. And we have done cleans up the needles. It gets rid of the is where we found out they want to a lot of very positive things in that. problem. I think that one should take spend the money on more bonuses at We wanted to work on something for a look at that, and that is something city hall and golden parachutes for D.C. We need a long-term sewage prob- very important. people involved with the control board, lem. Every time it rains in Wash- The other thing that I find so inter- to double their budget in the control ington, D.C., and it is raining right esting is how the gentleman from Vir- board in their last year of operation, now, that raw sewage goes into the ginia (Mr. DAVIS) and now the distin- Mr. Chairman. Anacostia River every time it rains. It guished gentleman from California I wanted to correct that, Mr. Chair- has the highest fecal count in any river (Mr. CUNNINGHAM) have talked about man; and I yield 4 minutes to the gen- in the United States, and we need to the wonderful job that the mayor is tleman from California (Mr. address that. doing. He is doing an outstanding job CUNNINGHAM), a member of our sub- The mayor is trying to take that up and a wonderful job. I would also say committee. as well, the cleanup of the Anacostia that the gentlewoman from the Dis- Mr. CUNNINGHAM. Mr. Chairman, I River. But I look at the economy. trict of Columbia (Ms. NORTON) is doing live in D.C. and have for some time. I When I first came here, the city was a wonderful job. have sat and I have talked to residents, left up to its own devices, they had many of them minorities, and many month-to-month leases. Now no busi- At some point in time, folks ought to saying to me we need help for years ness is going to come into the city and be able to control D.C. themselves. We and years and years. When we look at make an investment, because people do not have to have Big Brother hang- the school systems, we look at the were getting money under the table. ing around forever and forever. I think economy, we look at the Anacostia They had governmental control over that it has been clear and it has been River, the sewage systems, the crime, those businesses to make them do what said here over and over again by both the drugs and the lack of response, they wanted, and no one would invest. sides that they are doing an out- they would say, I know you are a Re- And we looked at the businesses. We standing job. publican, we are Democrat, but would could not even get a Safeway here be- The motto for the District of Colum- you help us? cause of the practices of the city coun- bia is justice to all. Justice in the form I think this committee has done a lot cils and the government, and we have of the ability of District of Columbia in the last few years. I say to my col- changed that, in a bipartisan way. We residents to use their own funds to op- leagues that for 30 years my D.C. was are starting to get investment. We erate needle exchange programs in kind of an anachronism, that there was have increased those leases. We are areas they deem appropriate. Justice in not that help and we let the D.C. rule, starting to get jobs into D.C., and I allowing D.C. to determine appropriate but then we had a mayor that ended up think that is positive change. laws to address the issue of tobacco use putting more cocaine up his nose than I would say one thing about the among minors. Justice in the right of worrying about the economy of his own Tiahrt amendment, if we look at his District of Columbia residents and the city. The good news is that Mayor Wil- amendment on drug exchange, none of city council to approve and enact legis- liams is trying to work with us and do my colleagues would want one of these lation that will permit city employees many of the things that we are trying outside their door, because it attracts to receive health insurance benefits for to do for this city. drug dealers, it attracts drug users. their long-term partners, regardless of I lived by the train station and in one Needles are discarded. What his amend- gender, and to require insurers and em- year, my car was broken into twice. I ment says, where we have schools, ployers to cover contraceptive if other heard a gunshot out my driveway, a where we have parks and swimming prescription drugs are covered. young man was caught and said he just pools, where children play barefooted Justice in increased funding for Met- wanted to know what it felt like to kill and fall, that we do not want to have rorail construction at New York and somebody. Two of the women in my our children to have the risk of the Florida Avenues, Northeast, an area complex were mugged going into a contracting AIDS or other diseases like ripe for economic development. locked gate. There is a grocery store, hepatitis. Justice in increased funding for tui- the little mom and pop store, across Mr. Chairman, I ask for a support of tion assistance for District of Columbia the street was robbed six times in one the bill. college-bound students, helping to off- year. The residents were saying, we Mr. MORAN of Virginia. Mr. Chair- have to live in this, can you do some- man, I yield myself 10 seconds to re- set out-of-State tuition costs at col- thing, Mr. Congressman. Our children, spond to the gentleman from Okla- leges and universities across the coun- try. As a result of this program, nu- the roofs on their schools are falling homa (Mr. ISTOOK). With regard to the apart. And my colleagues will remem- use of the New York Avenue Metro merous D.C. students applied to Mary- ber they had to cancel schools. We money, the reality is that that money land colleges and universities, includ- fully funded schools. We established was included in the D.C. budget, that ing 10 at Coppin State University and charter schools. D.C. budget was received by the Con- Morgan State University in my dis- My own party wanted to cut funds gress before the bill was marked up. trict. from our public funds, and we were able There is no way that the D.C. govern- Justice in the right of the District to to work in a bipartisan way saying ment could have known, and so that use funds to petition for or file a civil that our schools are moving in the money was already spent before we action intended to obtain District vot- right direction, let us fully fund them. spent it again. ing representation in Congress. And I think we have seen some move- Mr. Chairman, I yield 3 minutes to Unfortunately, if this bill is passed in ment. We have a long way to go in this the gentleman from Maryland (Mr. its current form, justice to all will not Nation’s Capital, but there are good CUMMINGS), a most respected and effec- prevail. Instead, this body will send a teachers. There are good schools, but tive legislator. message to District residents that they many of those schools are still failing Mr. CUMMINGS. Mr. Chairman, I are not to be afforded justice, but are and we need help. want to thank the gentleman from to be burdened with requirements that

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00030 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.000 H26JY0 16454 CONGRESSIONAL RECORD—HOUSE July 26, 2000 Congress imposes on no other local ju- written agreement. The city and the be $200 million annually. What was ac- risdiction and stripped of their right to control board just write checks for mil- tually achieved was about $1.5 million make local decisions. lions of dollars until they have gone annually. You spend $330 million, and I submit that it is our duty as law- $174 million in the hole, beyond their you get back $1.5 million? That is not makers to ensure that justice is ap- budget, beyond the subsidies, and then a good investment by the taxpayers. plied impartially and equally to all of the District government writes it off. The District needs more focus on get- our Nation’s citizens. Therefore, I urge They have a group looking at it right ting its own House in order. It is mak- my colleagues to oppose this bill and now that is telling horror stories about ing progress, but it has not made near support District residents and the prin- the level of management. In fact, the enough. It needs more focus on that, ciple of justice for all. just-fired individual in charge, even rather than accusing the Congress of Mr. ISTOOK. Mr. Chairman, I yield though people will say when he was in not doing its job. myself such time as I may consume. charge, this hospital got run into the Mr. Chairman, I ask support for this Mr. Chairman, there is a general ground even farther than it was al- bill. principle we often quote here that says, ready, he wants a million dollars sever- Mr. Chairman, I reserve the balance you should not do for people what they ance pay, a million dollars severance of my time. are capable of doing for themselves, be- pay for helping something go $174 mil- Mr. MORAN of Virginia. Mr. Chair- cause you don’t want to restrict their lion in the red. man, we debated the D.C. bill six times ability to grow and to achieve. That is the kind of priorities or lack on the floor, and it was vetoed twice It is not a matter of we do not want of them that waste money, and then last year. The principal issue was nee- to help them, but it is a matter we they come to Congress and say we dle exchanges. We are going to have want to do it in the right way. make up the difference, and then claim the ranking member of the Permanent I hear a lot of comments about we we are reneging on a pledge made at Select Committee on Intelligence, and ought to be doing more for the District 1600 Pennsylvania Avenue if we do not for many years the chairman of the here, we ought to be doing more for the just rubber stamp that instead of try- Subcommittee on the District of Co- District there. Then I hear people say, ing to take a more responsible ap- lumbia of the Committee on Appropria- oh, we have cut this budget or that proach. tions, the gentleman from Los Angeles, They say we are using too much of budget. For example, they claim, inac- California (Mr. DIXON), explain how im- curately, but they claim, that we have their money for these things. We are portant this needle exchange program cut a Federal commitment to the using money of the taxpayers of the is and why the amendment that is metro subway station. Let us back up. United States of America in this bill, going to be offered will not work. What Federal commitment are we $414 million. And we still have manage- Mr. Chairman, I yield 3 minutes to talking about? We are talking about ment problems. I agree that Mayor the gentleman from Los Angeles, Cali- Williams is working diligently and the budget proposal submitted by the fornia (Mr. DIXON). White House which is not a budget sub- making a bona fide effort, but if we Mr. DIXON. Mr. Chairman, I thank mitted or approved by the Congress. look at who is still in charge, the upper the ranking member for yielding me Just because something is proposed by level, what they call the ‘‘excepted time. the President, let us not pretend that if service’’ positions, in other words, This is the traditional day that when we do not agree with the President on these are the people that can be hired the city is wrong, it is wrong; and when something, that we have gone out and and fired by the mayor, as opposed to the city is right, it is wrong. we have cut budgets or that we reneged through a civil service system. The bill provides to allow the city of The Department of Consumer and on a commitment; that is not the case. Washington D.C. to have a needle ex- Regulatory Affairs still has 62 percent We have made sure that rather than change program to use its own funds of the upper level people who are hold- going to this new, after-the-budget, and private funds. The gentleman from overs from the prior administration laundry list of things that now they Kansas (Mr. TIAHRT) is going to offer and administrations that had these se- say are higher priorities than the an amendment that basically says vere problems with how they handled metro subway station, so we cannot within 330 yards of 14 designated areas, taxpayers’ money. spend money out of this account for it. that you shall not be able to imple- Instead of doing that, we said no, we b 1445 ment the needle exchange program. It are going with the top priority of the In the Department of Employment is really a fox in sheep’s clothing. The metro station. Services, two-thirds, two-thirds are gentleman from Kansas (Mr. TIAHRT) in Let us look at what the District is still management holdovers. In the Of- the full committee voted against the doing or not doing for themselves. We fice of Contracting and Procurement, program, so he is not here to in fact as- know they have remaining significant two-thirds are holdovers. In the De- sist the needle exchange program in management and financial problems. partment of Public Works, 62 percent. any way or for good public policy rea- Let me just give my colleagues the fig- There is a lot of change that has not sons. ures on just one of them. In addition to happened yet. There is a lot of savings When the gentleman shows you a the money budgeted and tens of mil- the District can achieve in its own chart later, he will have designated lions of dollars of subsidies that were budget, and we are trying everything some schools that in fact one will not budgeted, the D.C. General Hospital we can to help them to do that. be allowed within 330 yards to provide with the Public Benefit Corporation in But remember, you ought to come to needle exchange programs. But that is the last 4 years has had loans, so- this Congress, and if you are wanting only one element of the amendment. called, of $174 million, which were, in people to do something because you are There are 13 others. So when you add fact, spending beyond what was author- the Nation’s Capital, you ought to that to the list, and you consider that ized or appropriated by law. show what you have done for yourself. Washington, D.C., is only 66 square In that one institution alone there We had, I believe it was $330 million in miles, that leaves about five positions was $174 million. On top of the sub- past years, that this Congress provided that you can exchange needles: the sidies, on top of their budget. We had a to the District for management re- Mall, Soldiers’ Home, Bolling Air hearing on this, more than one hearing forms to achieve savings, and we had Force Base, St. Elizabeth’s, Wash- that we had, and District officials in- the General Accounting Office go in a ington Hospital Center, and Rock cluding the central board said they are few months ago and say, okay, we Creek Park. not loans they are receivables because spent $330 million supposedly to create The problem with the D.C. bill is that the hospital is supposed to pay it back savings beyond that figure. How much no one comes to the floor straight; out of money they receive. No, they savings can you find? they come with a cosmetic reason for know that. They do not even have the GAO said, well, you spent $330 mil- whatever they want to do. This Tiahrt hospital sign any paper. There is no lion, and the savings were supposed to amendment is designed to make the

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00031 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.000 H26JY0 July 26, 2000 CONGRESSIONAL RECORD—HOUSE 16455 needle exchange program ineffective. It lot of good people in running its gov- The CHAIRMAN. All time for general should be voted down. ernment. If we believe in democracy, if debate has expired. Mr. MORAN of Virginia. Mr. Chair- we believe that the people have the Pursuant to the rule, the bill shall be man, I yield myself the balance of my power to regulate, to run their own af- considered for amendment under the 5- time. fairs, that they will elect the people minute rule. Mr. Chairman, as the gentleman from that will provide the kind of quality of No amendment to the bill shall be in California (Mr. DIXON) explained, the life and security in the future for their order except those printed in the CON- amendment that we will be considering children that they decide they want, GRESSIONAL RECORD, pro forma amend- precludes the ability of any needle ex- that is what this is all about. ments for the purpose of debate, and change program to effectively operate. Let us extricate ourselves from these amendments printed in the House Re- Now, why is that important? It is im- matters where we ought not be in- port 106–790. portant because we have hundreds, volved. Let us do right for the District Amendments printed in the report thousands, of residents of the District of Columbia. Until we fix this bill, I do may be offered only by a Member des- of Columbia who are infected with the not think we can support it. ignated in the report and only at the ignominious disease of AIDS, and in Mr. ISTOOK. Mr. Chairman, I yield appropriate point in the reading of the the District the population where the myself the balance of my time. bill, shall be considered read, shall be AIDS epidemic is growing fastest are The CHAIRMAN. The gentleman debatable for the time specified in the women and children. from Oklahoma is recognized for 2 min- report, equally divided and controlled Imagine what it must be like to real- utes. by the proponent and an opponent, ize that your baby is infected with Mr. ISTOOK. Mr. Chairman, drug shall not be subject to amendment, and AIDS. Now, you can blame the mother, problems in the District of Columbia shall not be subject to a demand for a you can blame whoever, you can blame are America’s problem, because Wash- division of the question. society; but the reality is that there is ington, D.C., is America’s capital. I am The Chairman of the Committee of horrible, unjust suffering going on, and sorry to hear that the gentleman says the Whole may postpone a request for a the principal reason for that pain and that if you do not have a program to recorded vote on any amendment and suffering is because of the use of dirty exchange drug needles, you are causing may reduce to a minimum of 5 minutes needles. pain and suffering. No. Pain and suf- the time for voting on any postponed The only program we have found that fering is caused by the use of drugs. question that immediately follows an- actually works, and we have any num- Crime is caused by the use of drugs. other vote, provided that the time for ber of studies that proves that it Parents failing to take care of their voting on the first question shall be a kids is caused by the use of drugs. works, is when an organization offers minimum of 15 minutes. You are saying dirty needles cause clean needles. But you only get a clean The Clerk will read. pain and suffering? No, people injecting The Clerk read as follows: needle if you give back a dirty needle, themselves with drugs cause pain and H.R. 4942 and you have to get into a program. It suffering. We are not talking about Be it enacted by the Senate and House of Rep- is access to drug treatment, and it is sewing needles here; we are talking working. resentatives of the United States of America in about hypodermic syringes, needles for Congress assembled, That the following sums Mr. Chairman, we might like to turn people to inject illegal drugs into our backs and pretend this stuff does are appropriated, out of any money in the themselves, and a program operating in Treasury not otherwise appropriated, for the not go on and pretend there are easier broad daylight out on public streets to District of Columbia for the fiscal year end- ways to do it and ways that are less do these swaps. Bring in a dirty needle, ing September 30, 2001, and for other pur- controversial, but there are not. They get a clean needle, go shoot yourself poses, namely: are not working as effectively, and up. FEDERAL FUNDS that is why the administration stood I know a couple of people that the FEDERAL PAYMENT FOR RESIDENT TUITION up and kept vetoing this bill, because other day observed one of these sites, SUPPORT we have to care about people who are and it was an area where there were For a Federal payment to the District of suffering and dying needlessly, if there residences and small businesses. The Columbia for a nationwide program to be ad- is a way that we can stop it. van is there for a few hours, and just ministered by the Mayor for District of Co- This program can stop it, and that is minutes after the van they used for the lumbia resident tuition support, $14,000,000, why we ought to let it function, but needle exchange pulls away, you know to remain available until expended: Provided, That such funds may be used on behalf of eli- not with any Federal funds, not with what pulled up? A school bus. It is a any public money, all with private do- gible District of Columbia residents to pay bus stop for school kids. an amount based upon the difference be- nations. That is the point, that is how The D.C. Council passed its own law tween in-State and out-of-State tuition at the program is being operated. But it declaring drug-free zones. The amend- public institutions of higher education, usa- ought to be allowed to operate. That is ment of the gentleman from Kansas ble at both public and private institutions only fair. And the D.C. Government (Mr. TIAHRT) just says those areas that for higher education: Provided further, That ought to be allowed to decide how it is the District has already chosen to be the awarding of such funds may be going to cope with its problem, and not drug-free zones should not be used for prioritized on the basis of a resident’s aca- let us gain political advantage by su- these programs to exchange drug nee- demic merit and such other factors as may perseding their judgment and pre- dles. The D.C. Council defined them. be authorized: Provided further, That not more than 5 percent of the funds may be used venting them from being able to ad- For example, 1,000 feet around a youth to pay administrative expenses. dress a critically important, desperate center or public library or public hous- FEDERAL PAYMENT FOR INCENTIVES FOR need within the District of Columbia. ing or a swimming pool or an elemen- ADOPTION OF CHILDREN That is why this issue is so important. tary school or vocational school or a The paragraph under the heading ‘‘Federal There are funding issues. Maybe we video arcade, the D.C. Council says Payment for Incentives for Adoption of Chil- can take care of the funding issues in those sites are supposed to be drug free dren’’ in Public Law 106–113, approved No- conference. We are going to try to do zones. The amendment of the gen- vember 29, 1999 (113 Stat. 1501), is amended to that. It is silly, when we have a $2.2 tleman from Kansas (Mr. TIAHRT) just read as follows: ‘‘For a Federal payment to trillion surplus, a $1.7 trillion budget, says if that is supposed to be a drug- the District of Columbia to create incentives we cannot find $31 million to make the free zone, what are you doing with a to promote the adoption of children in the District whole on a contractual obliga- drug needle exchange program taking District of Columbia foster care system, tion that we agreed to assume. $5,000,000: Provided, That such funds shall re- place in the same spot? main available until September 30, 2002, and So I trust we will be able to find that I urge support of the bill; and when shall be used to carry out all of the provi- money. The District is getting on its the time comes, I certainly will sup- sions of title 38, except for section 3808, of feet. It has got a great Mayor, it has port the amendment of the gentleman the Fiscal Year 2001 Budget Support Act of got a good city council. It is getting a from Kansas (Mr. TIAHRT). 2000, D.C. Bill 13–679, enrolled June 12, 2000.

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00032 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.001 H26JY0 16456 CONGRESSIONAL RECORD—HOUSE July 26, 2000

FEDERAL PAYMENT TO THE CHIEF FINANCIAL DEFENDER SERVICES IN DISTRICT OF COLUMBIA $22,161,000 shall be used to improve pretrial OFFICER OF THE DISTRICT OF COLUMBIA COURTS defendant and post-conviction offender su- For a Federal payment to the Chief Finan- For payments authorized under section 11– pervision, enhance drug testing and sanc- cial Officer of the District of Columbia, 2604 and section 11–2605, D.C. Code (relating tions-based treatment programs and other $1,500,000, of which $250,000 shall be for pay- to representation provided under the District treatment services, expand intermediate ment to a mentoring program and for hotline of Columbia Criminal Justice Act), pay- sanctions and offender re-entry programs, services; $500,000 shall be for payment to a ments for counsel appointed in proceedings continue planning and design proposals for a youth development program with a char- in the Family Division of the Superior Court residential Sanctions Center and improve ad- acter building curriculum; $500,000 to remain of the District of Columbia under chapter 23 ministrative infrastructure, including infor- available until expended, shall be for the de- of title 16, D.C. Code, and payments for coun- mation technology; and $836,000 of the sign, construction, and maintenance of a sel authorized under section 21–2060, D.C. $22,161,000 referred to in this proviso is for trash rack system to be installed at the Code (relating to representation provided the Public Defender Service: Provided further, Hickey Run stormwater outfall; and $250,000 under the District of Columbia Guardian- That notwithstanding any other provision of shall be for payment to support a program to ship, Protective Proceedings, and Durable law, all amounts under this heading shall be assist homeless individuals to become pro- Power of Attorney Act of 1986), $34,387,000, to apportioned quarterly by the Office of Man- ductive, taxpaying citizens in the District of remain available until expended: Provided, agement and Budget and obligated and ex- Columbia. That the funds provided in this Act under pended in the same manner as funds appro- FEDERAL PAYMENT TO THE DISTRICT OF the heading ‘‘Federal Payment to the Dis- priated for salaries and expenses of other COLUMBIA CORRECTIONS TRUSTEE OPERATIONS trict of Columbia Courts’’ (other than the Federal agencies: Provided further, That not- For salaries and expenses of the District of $2,500,000 provided under such heading for withstanding section 446 of the District of Columbia Corrections Trustee, $134,300,000 capital improvements for District of Colum- Columbia Home Rule Act or any provision of for the administration and operation of cor- bia courthouse facilities) may also be used subchapter III of chapter 13 of title 31, rectional facilities and for the administra- for payments under this heading: Provided United States Code, the use of interest tive operating costs of the Office of the Cor- further, That in addition to the funds pro- earned on the Federal payment made to the rections Trustee, as authorized by section vided under this heading, the Joint Com- District of Columbia Offender Supervision, 11202 of the National Capital Revitalization mittee on Judicial Administration in the Defender, and Court Services Agency under and Self-Government Improvement Act of District of Columbia shall use funds provided the District of Columbia Appropriations Act, 1997 (Public Law 105–33; 111 Stat. 712) of in this Act under the heading ‘‘Federal Pay- 1998, by the Agency during fiscal years 1998 which $1,000,000 is to fund an initiative to ment to the District of Columbia Courts’’ and 1999 shall not constitute a violation of improve case processing in the District of (other than the $2,500,000 provided under such such Act or such subchapter. Columbia criminal justice system: Provided, heading for capital improvements for Dis- FEDERAL PAYMENT FOR WASHINGTON That notwithstanding any other provision of trict of Columbia courthouse facilities), to INTERFAITH NETWORK law, funds appropriated in this Act for the make payments described under this heading for obligations incurred during any fiscal District of Columbia Corrections Trustee For a Federal payment to the Washington year: Provided further, That such funds shall shall be apportioned quarterly by the Office Interfaith Network to reimburse the Net- be administered by the Joint Committee on of Management and Budget and obligated work for costs incurred in carrying out Judicial Administration in the District of and expended in the same manner as funds preconstruction activities at the former Fort Columbia: Provided further, That notwith- appropriated for salaries and expenses of Dupont Dwellings and Additions, $1,000,000: standing any other provision of law, this ap- other Federal agencies: Provided further, Provided, That such activities may include propriation shall be apportioned quarterly That in addition to the funds provided under architectural and engineering studies, prop- by the Office of Management and Budget and this heading, the District of Columbia Cor- erty appraisals, environmental assessments, obligated and expended in the same manner rections Trustee may use any remaining in- grading and excavation, landscaping, paving, as funds appropriated for expenses of other terest earned on the Federal payment made and the installation of curbs, gutters, side- Federal agencies, with payroll and financial to the Trustee under the District of Colum- walks, sewer lines, and other utilities: Pro- services to be provided on a contractual bia Appropriations Act, 1998, to carry out the vided further, That the Secretary of the basis with the General Services Administra- activities funded under this heading. Treasury shall make such payment only tion (GSA), said services to include the prep- after the Network has received matching FEDERAL PAYMENT TO THE DISTRICT OF aration of monthly financial reports, copies funds from private sources (including funds COLUMBIA COURTS of which shall be submitted directly by GSA provided through loans) to carry out such ac- For salaries and expenses for the District to the President and to the Committees on tivities in an aggregate amount which is of Columbia Courts, $99,500,000 to be allo- Appropriations of the Senate and House of equal to the amount of such payment (as cer- cated as follows: for the District of Columbia Representatives, the Committee on Govern- tified by the Inspector General of the Dis- Court of Appeals, $7,709,000; for the District mental Affairs of the Senate, and the Com- trict of Columbia) and has provided the Sec- of Columbia Superior Court, $72,399,000; for mittee on Government Reform of the House retary of the Treasury with a request for re- the District of Columbia Court System, of Representatives: Provided further, That the imbursement which contains documentation $16,892,000; and $2,500,000, to remain available District of Columbia Courts shall implement certified by the Inspector General of the Dis- until September 30, 2002, for capital improve- the recommendations in the General Ac- trict of Columbia showing that the Network ments for District of Columbia courthouse counting Office Report GAO/AIMD/OGC–99– carried out the activities and that the costs facilities: Provided, That none of the funds in 226 regarding payments to court-appointed incurred in carrying out the activities were this Act or in any other Act shall be avail- attorneys and shall report to the Office of equal to or less than the amount of the reim- able for the purchase, installation or oper- Management and Budget and to the House bursement requested: Provided further, That ation of an Integrated Justice Information and Senate Appropriations Committees quar- none of the funds provided under this head- System until a detailed plan and design has terly on the status of these reforms. been submitted by the courts and approved ing may be obligated or expended after De- FEDERAL PAYMENT TO THE COURT SERVICES by the Committees on Appropriations of the cember 31, 2001 (without regard to whether AND OFFENDER SUPERVISION House of Representatives and the Senate: the activities involved were carried out prior Provided further, That notwithstanding any AGENCY FOR THE DISTRICT OF COLUMBIA to such date). (INCLUDING TRANSFER OF FUNDS) other provision of law, all amounts under TAX REFORM IN THE DISTRICT this heading shall be apportioned quarterly For salaries and expenses of the Court by the Office of Management and Budget and Services and Offender Supervision Agency For a Federal payment to the Mayor of the obligated and expended in the same manner for the District of Columbia, as authorized District of Columbia for a study analyzing as funds appropriated for salaries and ex- by the National Capital Revitalization and the District’s tax structure, and the antici- penses of other Federal agencies, with pay- Self-Government Improvement Act of 1997, pated impact upon the District’s economy roll and financial services to be provided on (Public Law 105–33; 111 Stat. 712) $115,752,000, and government of recent and potential tax a contractual basis with the General Serv- of which $69,871,000 shall be for necessary ex- changes, and of tax simplification, $100,000, ices Administration (GSA), said services to penses of Community Supervision and Sex to remain available until expended. This include the preparation of monthly financial Offender Registration, to include expenses may include but not be limited to proposals reports, copies of which shall be submitted relating to supervision of adults subject to made by the District’s Delegate to the House directly by GSA to the President and to the protection orders or provision of services for of Representatives. Provided, That the Mayor Committees on Appropriations of the Senate or related to such persons; $18,778,000 shall be shall enter into a contract for such analysis and House of Representatives, the Com- transferred to the Public Defender Service; only with a qualified independent auditor mittee on Governmental Affairs of the Sen- and $27,103,000 shall be available to the Pre- who is experienced in analyzing tax sources ate, and the Committee on Government Re- trial Services Agency: Provided, That of the and who has no other affiliation with the form of the House of Representatives: amount provided under this heading, District government.

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00033 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.001 H26JY0 July 26, 2000 CONGRESSIONAL RECORD—HOUSE 16457 AMENDMENT NO. 1 OFFERED BY MR. ISTOOK the reverse flow of people finding jobs The amendment was agreed to. PRINTED IN HOUSE REPORT 106–790 in the suburbs where the economic The CHAIRMAN. The Clerk will read. Mr. ISTOOK. Mr. Chairman, I offer growth is happening is even greater The Clerk read as follows: an amendment. than economic development in D.C. So FEDERAL PAYMENT FOR SIMPLIFIED The CHAIRMAN. The Clerk will des- there were problems with that. It was PERSONNEL SYSTEM ignate the amendment. withdrawn. For a Federal payment to the Mayor of the The text of the amendment is as fol- There was going to be a further District of Columbia to study and design a lows: study. The gentleman from Oklahoma system approved by the Comptroller General for simplifying the administration of per- Amendment No. 1 printed in House Report (Mr. ISTOOK), upon consideration and sonnel policies (including pay policies) with 106–790 offered by Mr. ISTOOK: discussion with the chair of the author- Strike the item relating to ‘‘TAX REFORM respect to employees of the District govern- izing committee, has decided not to do ment, $250,000: Provided, That the Mayor IN THE DISTRICT’’. that study. I personally would have In the item relating to ‘‘METRORAIL CON- shall carry out such study and design STRUCTION (INCLUDING TRANSFER OF FUNDS)’’, preferred that we do a study that was through a contractor approved by the Comp- strike ‘‘$7,000,000’’ and insert ‘‘$7,100,000’’. broad based, looking at D.C.’s long- troller General. In the item relating to ‘‘METRORAIL CON- term revenue needs. I think that needs METRORAIL CONSTRUCTION STRUCTION (INCLUDING TRANSFER OF FUNDS)’’, to be done. I think it could probably be (INCLUDING TRANSFER OF FUNDS) strike ‘‘$18,000,000’’ and insert ‘‘$17,900,000’’. done for $100,000. So I was hoping we For a contribution to the Washington Met- The CHAIRMAN. Pursuant to House would do that, but the study ought to ropolitan Area Transit Authority for con- Resolution 563, the gentleman from be done by organizations that are lo- struction of a Metrorail station located at Oklahoma (Mr. ISTOOK) and a Member cated within the District of Columbia, New York and Florida Avenues, Northeast, opposed each will control 5 minutes. private, nonprofit organizations, prob- $25,000,000, to remain available until ex- The Chair recognizes the gentleman ably nonpartisan. We could get maybe pended, of which $7,000,000 is appropriated the Brookings Institution and the Hud- under this heading and $18,000,000 shall be from Oklahoma (Mr. ISTOOK). transferred by the District of Columbia Fi- Mr. ISTOOK. Mr. Chairman, I yield son Institute to collaborate. In doing nancial Responsibility and Management As- myself such time as I may consume. so, they could look at ways that we can sistance Authority (DCFRMA) from interest Mr. Chairman, I do not think 5 min- raise sufficient revenues to ensure that earned on accounts held by DCFRMA on be- utes will be necessary. I believe this D.C. remains the economic core of the half of the District of Columbia government. amendment will be adopted by unani- metropolitan Washington region but FEDERAL PAYMENT FOR NATIONAL MUSEUM OF mous consent and neither of us will also sustain the economic viability of AMERICAN MUSIC need the 5 minutes. the suburbs as well. For a Federal payment to the Federal City This simply removes an item for a That is a long-term, mutually shared Council for the establishment of a National study of the future tax structure po- objective. I know that the gentleman Museum of American Music, $250,000, to re- tential in the District and shifts the from Virginia (Mr. DAVIS) is in agree- main available until expended: Provided, $100,000 in Federal funds that was allo- ment with that objective. I would hope That such funds shall be used for the costs of activities necessary to complete the plan- cated for it to support the new Metro that we could find the money to put in ning phase for such Museum, including the station that is planned at the New this bill to do that kind of a study, but costs of personnel, design projects, environ- York Avenue site. I have no objection to the manager’s mental assessments, and the preparation of amendment and the decision of the b 1500 requests for proposals: Provided further, That gentleman from Oklahoma (Mr. such funds shall be deposited into a separate I believe there is no debate, and if ISTOOK) at this point to withdraw fund- account of the Federal City Council used ex- that is the case I would ask unanimous ing for this study. clusively for the establishment of such Mu- consent that we yield back the balance No one on this side is going to object seum: Provided further, That the Secretary of of our time and adopt the amendment. to the manager’s amendment, Mr. the Treasury shall make such payment only Mr. Chairman, I reserve the balance after the Federal City Council has deposited Chairman. matching donated funds from private sources of my time. Mr. Chairman, I reserve the balance into the account in an aggregate amount Mr. MORAN of Virginia. Mr. Chair- of my time. which is equal to 200 percent of the amount man, I yield myself such time as I may Mr. ISTOOK. Mr. Chairman, I yield appropriated herein (as certified by the In- consume. myself such time as I may consume. spector General of the District of Columbia.) Mr. Chairman, I want to respond, but Mr. Chairman, any study that the PRESIDENTIAL INAUGURATION not in a critical manner. Mr. Chair- District may desire to do certainly For a payment to the District of Columbia man, what we are withdrawing here is they have the authority and the capa- to reimburse the District for expenses in- a study that was proposed that was re- bility of doing whatever study. I cer- curred in connection with Presidential inau- lated to the idea of a D.C. commuter tainly would not agree with all of the guration activities, $5,961,000, as authorized tax. There had been a provision that characterizations of the gentleman, by section 737(b) of the District of Columbia was included in the subcommittee bill but I certainly appreciate his interest Home Rule Act, approved December 24, 1973 by the gentleman from Oklahoma (Mr. (87 Stat. 824; D.C. Code, sec. 1–1132), which in the economic conditions in the Dis- shall be apportioned by the Chief Financial ISTOOK) that said that if residents of trict, as well as in the surrounding Officer within the various appropriation suburban Maryland or Virginia earned Northern Virginia area that he rep- headings in this Act. money in the District of Columbia they resents. DISTRICT OF COLUMBIA FUNDS do not have to pay state income taxes However, I think we have all agreed OPERATING EXPENSES on that money to Virginia or Maryland that right now there is a high priority DIVISION OF EXPENSES or basically any other State where with the District of the New York Ave- they might reside. So it meant every The following amounts are appropriated nue Metrorail station, and if the Dis- for the District of Columbia for the current Member of Congress who earns their trict wants to do a study they can do fiscal year out of the general fund of the Dis- money here would not have to pay any it. In the meantime, we would like to trict of Columbia, except as otherwise spe- state income taxes on their income, put this Federal contribution of the cifically provided: Provided, That notwith- until the District was permitted to tax $100,000 toward that Metro station at standing any other provision of law, except income they might earn in the Dis- New York Avenue. for section 136(a) of this Act, the total trict. Mr. Chairman, I ask adoption of the amount appropriated in this Act for oper- What we could have done is to sug- amendment. ating expenses for the District of Columbia gest then that if that is the case then Mr. Chairman, I yield back the bal- for fiscal year 2001 under this heading shall not exceed the lesser of the sum of the total any resident of the District of Colum- ance of my time. revenues of the District of Columbia for such bia that earns money in another State The CHAIRMAN. The question is on fiscal year or $5,689,276,000 (of which would not pay taxes in D.C., and D.C. the amendment offered by the gen- $192,804,000 shall be from intra-District funds would have wound up worse because tleman from Oklahoma (Mr. ISTOOK). and $3,245,623,000 shall be from local funds):

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00034 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.001 H26JY0 16458 CONGRESSIONAL RECORD—HOUSE July 26, 2000 Provided further, That the Chief Financial Of- able special education residential placement $100,000 shall be available for inmates re- ficer of the District of Columbia and the Dis- costs, and third for the Medicaid reimburs- leased on medical and geriatric parole: Pro- trict of Columbia Financial Responsibility able costs of Mental Retardation and Devel- vided further, That commencing on December and Management Assistance Authority shall opmental Disabilities Administration cli- 31, 2000, the Metropolitan Police Department take such steps as are necessary to assure ents. shall provide to the Committees on Appro- that the District of Columbia meets these re- ECONOMIC DEVELOPMENT AND REGULATION priations of the Senate and House of Rep- quirements, including the apportioning by resentatives, the Committee on Govern- Economic development and regulation, the Chief Financial Officer of the appropria- mental Affairs of the Senate, and the Com- $205,638,000 (including $53,562,000 from local tions and funds made available to the Dis- mittee on Government Reform of the House funds, $92,378,000 from Federal funds, and trict during fiscal year 2001, except that the of Representatives, quarterly reports on the $59,698,000 from other funds), of which Chief Financial Officer may not reprogram status of crime reduction in each of the 83 $15,000,000 collected by the District of Colum- for operating expenses any funds derived police service areas established throughout bia in the form of BID tax revenue shall be from bonds, notes, or other obligations the District of Columbia. paid to the respective BIDs pursuant to the issued for capital projects. PUBLIC EDUCATION SYSTEM Business Improvement Districts Act of 1996 DISTRICT OF COLUMBIA FINANCIAL RESPONSI- (D.C. Law 11–134; D.C. Code, sec. 1–2271 et Public education system, including the de- BILITY AND MANAGEMENT ASSISTANCE AU- seq.), and the Business Improvement Dis- velopment of national defense education pro- THORITY tricts Amendment Act of 1997 (D.C. Law 12– grams, $995,418,000 (including $821,367,000 For the District of Columbia Financial Re- 26): Provided, That such funds are available from local funds, $147,643,000 from Federal sponsibility and Management Assistance Au- for acquiring services provided by the Gen- funds, and $26,408,000 from other funds), to be thority, established by section 101(a) of the eral Services Administration: Provided fur- allocated as follows: $769,443,000 (including District of Columbia Financial Responsi- ther, That Business Improvement Districts $628,809,000 from local funds, $133,490,000 from Federal funds, and $7,144,000 from other bility and Management Assistance Act of shall be exempt from taxes levied by the Dis- funds), for the public schools of the District 1995 (109 Stat. 97; Public Law 104–8), $3,140,000 trict of Columbia. of Columbia; $200,000 from local funds for the from local funds: Provided, That none of the PUBLIC SAFETY AND JUSTICE District of Columbia Teachers’ Retirement funds contained in this Act may be used to Public safety and justice, including pur- Fund; $1,679,000 from local funds for the pay any compensation of the Executive Di- chase or lease of 135 passenger carrying vehi- State Education Office, $14,000,000 from local rector or General Counsel of the Authority cles for replacement only, including 130 for funds, previously appropriated in this Act as at a rate in excess of the maximum rate of police-type use and five for fire-type use, a Federal payment, for resident tuition sup- compensation which may be paid to such in- without regard to the general purchase price port at public and private institutions of dividual during fiscal year 2001 under section limitation for the current fiscal year, and higher learning for eligible District of Co- 102 of such Act, as determined by the Comp- such sums as may be necessary for making lumbia residents; $105,000,000 from local troller General (as described in GAO letter refunds and for the payment of judgments funds for public charter schools: Provided, report B–279095.2). that have been entered against the District That there shall be quarterly disbursement GOVERNMENTAL DIRECTION AND SUPPORT of Columbia government $762,346,000 (includ- of funds to the D.C. public charter schools, Governmental direction and support, ing $591,365,000 from local funds, $24,950,000 with the first payment to occur within 15 $194,621,000 (including $161,022,000 from local from Federal funds, and $146,031,000 from days of the beginning of each fiscal year: funds, $20,424,000 from Federal funds, and other funds): Provided further, That the Met- Provided further, That the D.C. public charter $13,175,000 from other funds): Provided, That ropolitan Police Department is authorized to schools will report enrollment on a quarterly not to exceed $2,500 for the Mayor, $2,500 for replace not to exceed 25 passenger carrying basis: Provided further, That the quarterly the Chairman of the Council of the District vehicles and the Department of Fire and payment of October 15, 2000, shall be fifty (50) of Columbia, and $2,500 for the City Adminis- Emergency Medical Services of the District percent of each public charter school’s an- trator shall be available from this appropria- of Columbia is authorized to replace not to nual entitlement based on its unaudited Oc- tion for official purposes: Provided further, exceed five passenger carrying vehicles an- tober 5 enrollment count: Provided further, That any program fees collected from the nually whenever the cost of repair to any That if the entirety of this allocation has issuance of debt shall be available for the damaged vehicle exceeds three fourths of the not been provided as payments to any public payment of expenses of the debt manage- cost of the replacement: Provided further, charter schools currently in operation ment program of the District of Columbia: That not to exceed $500,000 shall be available through the per pupil funding formula, the Provided further, That no revenues from Fed- from this appropriation for the Chief of Po- funds shall be available for public education eral sources shall be used to support the op- lice for the prevention and detection of in accordance with the School Reform Act of erations or activities of the Statehood Com- crime: Provided further, That notwith- 1995 (D.C. Code, sec. 31–2853.43(A)(2)(D); Pub- mission and Statehood Compact Commis- standing any other provision of law, or May- lic Law 104–134, as amended): Provided fur- sion: Provided further, That the District of or’s Order 86–45, issued March 18, 1986, the ther, That the Mayor of the District of Co- Columbia shall identify the sources of fund- Metropolitan Police Department’s delegated lumbia shall convene a task force to rec- ing for Admission to Statehood from its own small purchase authority shall be $500,000: ommend changes, which shall be released by locally-generated revenues: Provided further, Provided further, That the District of Colum- December 31, 2000, to the School Reform Act That all employees permanently assigned to bia government may not require the Metro- of 1995, for the purpose of instituting a fund- work in the Office of the Mayor shall be paid politan Police Department to submit to any ing mechanism which will account for the from funds allocated to the Office of the other procurement review process, or to ob- projected growth of charter schools: Provided Mayor: Provided further, That notwith- tain the approval of or be restricted in any further, That $480,000 of this amount shall be standing any other provision of law, or May- manner by any official or employee of the available to the District of Columbia Public or’s Order 86–45, issued March 18, 1986, the Of- District of Columbia government, for pur- Charter School Board for administrative fice of the Chief Technology Officer’s dele- chases that do not exceed $500,000: Provided costs: Provided further, That $76,433,000 (in- gated small purchase authority shall be further, That the Mayor shall reimburse the cluding $44,691,000 from local funds, $500,000: Provided further, That the District of District of Columbia National Guard for ex- $13,199,000 from Federal funds, and $18,543,000 Columbia government may not require the penses incurred in connection with services from other funds) shall be available for the Office of the Chief Technology Officer to sub- that are performed in emergencies by the University of the District of Columbia: Pro- mit to any other procurement review proc- National Guard in a militia status and are vided further, That $200,000 is allocated for ess, or to obtain the approval of or be re- requested by the Mayor, in amounts that the East of the River Campus Assessment stricted in any manner by any official or em- shall be jointly determined and certified as Study, $1,000,000 for the Excel Institute ployee of the District of Columbia govern- due and payable for these services by the Adult Education Program to be used by the ment, for purchases that do not exceed Mayor and the Commanding General of the Institute for construction and to acquire $500,000: Provided further, That $303,000 and no District of Columbia National Guard: Pro- construction services provided by the Gen- fewer than 5 FTEs shall be available exclu- vided further, That such sums as may be nec- eral Services Administration on a reimburs- sively to support the Labor-Management essary for reimbursement to the District of able basis, $500,000 for the Adult Education Partnership Council: Provided further, That Columbia National Guard under the pre- State Plan, $650,000 for The Saturday Acad- no funds except those already encumbered ceding proviso shall be available from this emy Pre-College Program, and $481,000 for shall be available for the Maximus, Inc., rev- appropriation, and the availability of the the Strengthening of Academic Programs; enue recovery services contract (Contract sums shall be deemed as constituting pay- and $26,459,000 (including $25,208,000 from GF 98104) until such time as the contract is ment in advance for emergency services in- local funds, $550,000 from Federal funds and renegotiated to require Maximus, Inc., to re- volved: Provided further, That the Metropoli- $701,000 other funds) for the Public Library: cover maximum revenue first for Medicaid tan Police Department is authorized to Provided further, That the $1,020,000 enhance- reimbursable special education transpor- maintain 3,800 sworn officers, with leave for ment shall be allocated such that; $500,000 is tation costs, second for Medicaid reimburs- a 50 officer attrition: Provided further, That used for facilities improvements for 8 of the

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00035 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.001 H26JY0 July 26, 2000 CONGRESSIONAL RECORD—HOUSE 16459 26 library branches, $235,000 for 13 FTEs for and shall end on the thirty-first day of De- ing Services: Provided further, That $1,409,000 the continuation of the Homework Helpers cember of each calendar year, and, beginning shall be available for a neighborhood cleanup Program, $166,000 for 3 FTEs in the expansion the first day of July 2001, the fiscal year for initiative: Provided further, That $1,000,000 of the Reach Out And Roar (ROAR) service the District of Columbia Public Schools and shall be available for tree maintenance: Pro- to license day care homes, and $119,000 for 3 the District of Columbia Public Charter vided further, That $600,000 shall be available FTEs to expand literacy support into branch Schools shall begin on the first day of July for an anti-graffiti program: Provided further, libraries: Provided further, That $2,204,000 (in- and end on the thirtieth day of June of each That $226,000 shall be available for a haz- cluding $1,780,000 from local funds, $404,000 calendar year.’’. ardous waste program: Provided further, That from Federal funds and $20,000 from other (b) One new sentence is added at the end to $1,260,000 shall be available for parking con- funds) shall be available for the Commission read as follows: ‘‘The District of Columbia trol aides: Provided further, That $400,000 on the Arts and Humanities: Provided further, Public Schools shall take appropriate action shall be available for the Department of That the public schools of the District of Co- to ensure that its financial books are closed Motor Vehicles to hire additional ticket ad- lumbia are authorized to accept not to ex- by June 30, 2003.’’. judicators, conduct additional hearings, and ceed 31 motor vehicles for exclusive use in HUMAN SUPPORT SERVICES reduce the waiting time for hearings. the driver education program: Provided fur- Human support services, $1,532,204,000 (in- RECEIVERSHIP PROGRAMS ther, That not to exceed $2,500 for the Super- cluding $633,897,000 from local funds, For all agencies of the District of Colum- intendent of Schools, $2,500 for the President $881,589,000 from Federal funds, and bia government under court ordered receiv- of the University of the District of Columbia, $16,718,000 from other funds): Provided, That ership, $389,528,000 (including $234,913,000 and $2,000 for the Public Librarian shall be $25,836,000 of this appropriation, to remain from local funds, $135,555,000 from Federal available from this appropriation for official available until expended, shall be available funds, and $19,060,000 from other funds). purposes: Provided further, That none of the solely for District of Columbia employees’ funds contained in this Act may be made RESERVE disability compensation: Provided further, available to pay the salaries of any District For replacement of funds expended, if any, That the District of Columbia shall not pro- of Columbia Public School teacher, prin- during fiscal year 2000 from the Reserve es- vide free government services such as water, cipal, administrator, official, or employee tablished by section 202(i) of the District of sewer, solid waste disposal or collection, who knowingly provides false enrollment or Columbia Financial Responsibility and Man- utilities, maintenance, repairs, or similar attendance information under article II, sec- agement Assistance Act of 1995, Public Law services to any legally constituted private tion 5 of the Act entitled ‘‘An Act to provide 104–8, $150,000,000: Provided, That none of nonprofit organization, as defined in section for compulsory school attendance, for the these funds shall be obligated or expended 411(5) of the Stewart B. McKinney Homeless taking of a school census in the District of under this heading until (1) the reductions Assistance Act (101 Stat. 485; Public Law 100– Columbia, and for other purposes’’, approved from ‘‘Operational Improvement Savings’’, 77; 42 U.S.C. 11371), providing emergency February 4, 1925 (D.C. Code, sec. 31–401 et ‘‘Management Reform Savings’’, and ‘‘Cafe- shelter services in the District, if the Dis- seq.): Provided further, That this appropria- teria Plan’’ have been achieved and the trict would not be qualified to receive reim- tion shall not be available to subsidize the achievement certified by the District of Co- bursement pursuant to such Act (101 Stat. education of any nonresident of the District lumbia Inspector General; (2) the Chief Fi- 485; Public Law 100–77; 42 U.S.C. 11301 et of Columbia at any District of Columbia pub- nancial Officer certifies that the reserve as- seq.): Provided further, That $1,250,000 shall be lic elementary and secondary school during sets are not required to replace funds ex- paid to the Doe Fund for the operation of its fiscal year 2001 unless the nonresident pays pended in fiscal year 2000 from the Reserve Ready, Willing, and Able Program in the Dis- tuition to the District of Columbia at a rate established by section 202(i) of the District of trict of Columbia as follows: $250,000 to cover that covers 100 percent of the costs incurred Columbia Financial Responsibility and Man- debt owed by the District of Columbia gov- by the District of Columbia which are attrib- agement Assistance Act of 1995, Public Law ernment for services rendered shall be paid utable to the education of the nonresident 104–8; and (3) the District of Columbia gov- to the Doe Fund within 15 days of the enact- (as established by the Superintendent of the ernment enters into leases provided for ment of this Act; and $1,000,000 shall be paid District of Columbia Public Schools): Pro- under the heading ‘‘Federal Payment for Wa- in equal monthly installments by the 15th vided further, That this appropriation shall terfront Improvements’’ in Public Law 105– day of each month: Provided further, That not be available to subsidize the education of 277, approved October 21, 1998 (112 Stat. 2681– $400,000 shall be available for the administra- nonresidents of the District of Columbia at 124), as amended by section 164 of Public Law tive costs associated with implementation of the University of the District of Columbia, 106–113, approved November 29, 1999 (113 Stat. the Drug Treatment Choice Program estab- unless the Board of Trustees of the Univer- 1529): Provided further, That the unexpended lished pursuant to section 4 of the Choice in sity of the District of Columbia adopts, for portion of the fiscal year 2000 reserve that is Drug Treatment Act of 2000, signed by the the fiscal year ending September 30, 2001, a carried over into fiscal year 2001 will free up Mayor on April 20, 2000 (D.C. Act 13–329): Pro- tuition rate schedule that will establish the local funds in the fiscal year 2001 Reserve vided further, That $7,000,000 shall be avail- tuition rate for nonresident students at a that can be used to fund selected programs able for deposit in the Addiction Recovery level no lower than the nonresident tuition upon certification by the Chief Financial Of- Fund established pursuant to section 5 of the rate charged at comparable public institu- ficer of the District of Columbia that: (1) the Choice in Drug Treatment Act of 2000, signed tions of higher education in the metropoli- Mayor will achieve operational improvement by the Mayor on April 20, 2000 (D.C. Act 13– tan area: Provided further, That $2,200,000 is savings and management reform produc- 329). allocated to the Temporary Weighted Stu- tivity savings in the fiscal year 2001 Budget dent Formula to fund 344 additional slots for PUBLIC WORKS and Financial Plan, (2) the collection of ad- pre-K students: Provided further, That $50,000 Public works, including rental of one pas- ditional revenues within the fiscal year 2001 is allocated to fund a conference on learning senger carrying vehicle for use by the Mayor Budget and Financial Plan will be achieved; support for children ages 3–4 in September and three passenger carrying vehicles for use and (3) agency expenditures are monitored 2000 hosted jointly by the District of Colum- by the Council of the District of Columbia and fiscal challenges are addressed to the bia Public Schools and District of Columbia and leasing of passenger-carrying vehicles, satisfaction of the Chief Financial Office public charter schools: Provided further, That $278,242,000 (including $265,078,000 from local during fiscal year 2001. The programs that no local funds in this Act shall be used to ad- funds, $3,328,000 from Federal funds, and will be funded following certification by the minister a system wide standardized test $9,836,000 from other funds): Provided further, Chief Financial Officer are as follows: GOV- more than once in FY 2001: Provided further, That this appropriation shall not be avail- ERNMENTAL DIRECTION AND SUPPORT, That no less than $389,219,000 shall be ex- able for collecting ashes or miscellaneous $4,163,000 (including $621,000 for the Office of pended on local schools through the Weight- refuse from hotels and places of business: the Mayor; $1,042,000 for Human Resource De- ed Student Formula: Provided further, That Provided further, That $100,000 shall be avail- velopment; $2,500,000 for the Office of Prop- the District of Columbia Public Schools may able for a commercial sector recycling ini- erty Management): ECONOMIC DEVELOPMENT spend $500,000 to engage in a Schools Without tiative: Provided further, That $250,000 shall AND REGULATION, $3,496,000 (including Violence program based on a model devel- be available to initiate a recycling education $3,296,000 for the Department of Housing and oped by the University of North Carolina, lo- campaign: Provided further, That $10,000 shall Community Development; $200,000 for the cated in Greensboro, North Carolina: Pro- be available for community clean-up kits: Department of Employment Services): PUB- vided further, That section 441 of the District Provided further, That $190,000 shall be avail- LIC SAFETY AND JUSTICE, $6,483,000 (including of Columbia Home Rule Act, approved De- able to restore a 3.5 percent vacancy rate in $200,000 for the Metropolitan Police Depart- cember 24, 1973 (87 Stat. 798; D.C. Code, sec. Parking Services: Provided further, That ment, $1,293,000 for the Fire and Emergency 47–101), is amended as follows: $170,000 shall be available to plant 500 trees: Medical Services Department, $4,890,000 for (a) The third sentence is amended to read Provided further, That $118,000 shall be avail- Settlements and Judgments, $100,000 for the as follows: able for two water trucks: Provided further, Citizen Complaint Review Board): PUBLIC ‘‘However, the fiscal year for the Armory That $150,000 shall be available for contract EDUCATION SYSTEM, $15,099,000 (including Board shall begin on the first day of January monitors and parking analysts within Park- $12,079,000 for Public Schools, $2,500,000 for

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00036 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.001 H26JY0 16460 CONGRESSIONAL RECORD—HOUSE July 26, 2000 the University of the District of Columbia, Financial Responsibility and Management this Act for which employees are properly $400,000 for the Public Library, $120,000 for Assistance Act of 1995, Public Law 104–8, in payable. the Commission on the Arts and Human- fiscal year 2000 and that all the savings are TOBACCO SETTLEMENT TRUST FUND TRANSFER ities): HUMAN SUPPORT SERVICES, $17,830,000 being achieved from the Operational Im- PAYMENT (including $4,245,000 for the Department of provement Savings; and (4) the balance shall Health, $1,511,000 for the Department of be used for Pay-As-You-Go Capital Funds in There is transferred $61,406,000 to the To- Recreation and Parks, $574,000 for the Office lieu of capital financing if the Chief Finan- bacco Settlement Trust Fund established on Aging, $1,500,000 for the Office on Latino cial Officer certifies that the balance is not pursuant to section 2302 of the Tobacco Set- Affairs, $10,000,000 for Children and Youth In- required to replace funds expended in fiscal tlement Trust Fund Establishment Act of 1999, effective October 20, 1999 (D.C. Law 13– vestment Fund): PUBLIC WORKS, $4,050,000 year 2000 from the Reserve established by (including $1,500,000 for the Department of section 202(i) of the District of Columbia Fi- 38; to be codified at D.C. Code, sec. 6–135), to Public Works, $1,000,000 for the Department nancial Responsibility and Management As- be spent pursuant to local law. of Motor Vehicles, $1,550,000 for the Taxicab sistance Act of 1995, Public Law 104–8: Pro- OPERATIONAL IMPROVEMENTS SAVINGS Commission): RECEIVERSHIP PROGRAMS, vided further, That section 202(j) of the Dis- (INCLUDING MANAGED COMPETITION) $19,300,000 (including $6,300,000 for Child and trict of Columbia Financial Responsibility The Mayor and the Council in consultation Family Services, $13,000,000 for the Commis- and Management Assistance Act of 1995, ap- with the Chief Financial Officer and the Dis- sion on Mental Health Services): and CAFE- proved April 17, 1995 (109 Stat. 109; D.C. Code, trict of Columbia Financial Responsibility TERIA PLAN SAVINGS, $5,000,000: Provided fur- sec. 47–392.2(j)), is amended as follows: and Management Assistance Authority, shall ther, That the freed-up appropriated funds in REPAYMENT OF LOANS AND INTEREST make reductions of $10,000,000 for operational fiscal year 2001 from the reserve rollover For payment of principal, interest and cer- improvements savings in local funds to one shall be used to provide funding in the fol- tain fees directly resulting from borrowing or more of the appropriation headings in this lowing order: (1) the first $32,000,000 shall be by the District of Columbia to fund District Act. used to provide in the following order, of Columbia capital projects as authorized MANAGEMENT REFORM SAVINGS $6,300,000 to the LaShawn Receivership, by sections 462, 475, and 490 of the District of $13,000,000 to the Commission on Mental The Mayor and the Council in consultation Columbia Home Rule Act, approved Decem- Health, $12,079,000 to the District of Colum- with the Chief Financial Officer and the Dis- ber 24, 1973, $243,238,000 from local funds: Pro- bia Public Schools, and $621,000 to the Office trict of Columbia Financial Responsibility vided further, That for equipment leases, the of the Mayor, if the Chief Financial Officer and Management Assistance Authority, shall Mayor may finance $19,232,000 of equipment certifies that the first $32,000,000 is not re- make reductions of $37,000,000 for manage- cost, plus cost of issuance not to exceed 2 quired to replace funds expended in fiscal ment reform savings in local funds to one or percent of the par amount being financed on year 2000 from the Reserve established by more of the appropriation headings in this a lease purchase basis with a maturity not to section 202(i) of the District of Columbia Fi- Act. exceed 5 years: Provided further, That nancial Responsibility and Management As- $2,000,000 is allocated to the Metropolitan CAFETERIA PLAN SAVINGS sistance Act of 1995, Public Law 104–8; (2) the Police Department, $4,300,000 for the Fire For the implementation of a Cafeteria next $37,189,000 shall be used to provide and Emergency Medical Services Depart- Plan pursuant to Federal law, a reduction of $37,189,000 to Management Savings to the ex- ment, $1,622,000 for the Public Library, $5,000,000 in local funds. tent, if any, the Chief Financial Officer de- $2,010,000 for the Department of Parks and termines the Management Savings is not ENTERPRISE AND OTHER FUNDS Recreation, $7,500,000 for the Department of achieving the required savings, and the bal- WATER AND SEWER AUTHORITY AND THE Public Works and $1,800,000 for the Public ance, if any, shall be provided in the fol- WASHINGTON AQUEDUCT Benefit Corporation. lowing order: $10,000,000 to the Children In- For operation of the Water and Sewer Au- REPAYMENT OF GENERAL FUND RECOVERY vestment Trust, $1,511,000 to the Department thority and the Washington Aqueduct, DEBT of Parks and Recreation, $1,293,000 to the De- $275,705,000 from other funds (including partment of Fire and Emergency Medical For the purpose of eliminating the $230,614,000 for the Water and Sewer Author- Services, $120,000 to the Commission on the $331,589,000 general fund accumulated deficit ity and $45,091,000 for the Washington Aque- Arts and Humanities, $400,000 to the District as of September 30, 1990, $39,300,000 from duct) of which $41,503,000 shall be appor- of Columbia Public Library, $574,000 to the local funds, as authorized by section 461(a) of tioned and payable to the District’s debt Office on Aging, $3,296,000 to the Department the District of Columbia Home Rule Act, (105 service fund for repayment of loans and in- of Housing and Community Development, Stat. 540; D.C. Code, sec. 47-321(a)(1)). terest incurred for capital improvement $200,000 to the Department of Employment PAYMENT OF INTEREST ON SHORT-TERM projects. Services, $2,500,000 to the University of the BORROWING For construction projects, $140,725,000, as District of Columbia, $1,500,000 to the De- For payment of interest on short-term bor- authorized by the Act entitled ‘‘An Act au- partment of Public Works, $1,000,000 to the rowing, $1,140,000 from local funds. thorizing the laying of watermains and serv- Department of Motor Vehicles, $4,245,000 to PRESIDENTIAL INAUGURATION ice sewers in the District of Columbia, the the Department of Health, $1,500,000 to the levying of assessments therefor, and for Commission on Latino Affairs, $1,550,000 to For reimbursement for necessary expenses other purposes’’ (33 Stat. 244; Public Law 58– the Taxicab Commission, $2,500,000 to the Of- incurred in connection with Presidential in- 140; D.C. Code, sec. 43–1512 et seq.): Provided, fice of Property Management, and $5,000,000 auguration activities as authorized by sec- That the requirements and restrictions that for the savings associated with the imple- tion 737(b) of the District of Columbia Home are applicable to general fund capital im- mentation of the Cafeteria Plan, if the Chief Rule Act, Public Law 93–198, as amended, ap- provements projects and set forth in this Act Financial Officer certifies that the $37,189,000 proved December 24, 1973 (87 Stat. 824, and under the Capital Outlay appropriation title is not required to replace funds expended in D.C. Code, sec. 1–1803), $5,961,000, which shall shall apply to projects approved under this fiscal year 2000 from the Reserve established be apportioned by the Chief Financial Officer appropriation title. by section 202(i) of the District of Columbia within the various appropriation headings in Financial Responsibility and Management this Act. LOTTERY AND CHARITABLE GAMES ENTERPRISE FUND Assistance Act of 1995, Public Law 104–8, in CERTIFICATES OF PARTICIPATION fiscal year 2000, and that all the savings are For the Lottery and Charitable Games En- For lease payments in accordance with the being achieved from the Management Sav- terprise Fund, established by the District of Certificates of Participation involving the ings; (3) the next $10,000,000 shall be used to Columbia Appropriation Act for the fiscal land site underlying the building located at provide $6,232,000 to Operational Improve- year ending September 30, 1982 (95 Stat. 1174, One Judiciary Square, $7,950,000 from local ment to the extent, if any, the Chief Finan- 1175; Public Law 97–91), for the purpose of im- funds. cial Officer determines the Operational Im- plementing the Law to Legalize Lotteries, provement is not achieving the required sav- WILSON BUILDING Daily Numbers Games, and Bingo and Raffles ings, and the balance, if any, shall be pro- For expenses associated with the John A. for Charitable Purposes in the District of Co- vided in the following order: $100,000 to the Wilson Building, $8,409,000. lumbia (D.C. Law 3 172; D.C. Code, sec. 2–2501 Civilian Complaint Review Board, $200,000 to OPTICAL AND DENTAL INSURANCE PAYMENTS et seq. and sec. 22–1516 et seq.), $223,200,000: the Metropolitan Police Department for the Provided, That the District of Columbia shall For optical and dental insurance pay- Emergency Response Team, $1,042,000 to be identify the source of funding for this appro- ments, $2,675,000 from local funds. used for Training, and $4,890,000 to the Set- priation title from the District’s own locally tlement and Judgments Funds, if the Chief MANAGEMENT SUPERVISORY SERVICE generated revenues: Provided further, That no Financial Officer certifies that the $6,232,000 For management supervisory service, revenues from Federal sources shall be used is not required to replace funds expended in $13,200,000 from local funds, to be transferred to support the operations or activities of the fiscal year 2000 from the Reserve established by the Mayor of the District of Columbia Lottery and Charitable Games Control by section 202(i) of the District of Columbia among the various appropriation headings in Board.

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00037 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.001 H26JY0 July 26, 2000 CONGRESSIONAL RECORD—HOUSE 16461 SPORTS AND ENTERTAINMENT COMMISSION of the Federal Aid Highway Act of 1968 (82 them. The PBC has not been successful For the Sports and Entertainment Com- Stat. 827; Public Law 90–495; D.C. Code, sec. in doing that. It is unfortunate. It mission, $10,968,000 from other funds: Pro- 7–134, note), for which funds are provided by needs to be corrected, but this bill tries vided, That the Mayor shall submit a budget this appropriation title, shall expire on Sep- to correct it without consultation with for the Armory Board for the forthcoming tember 30, 2002, except authorizations for projects as to which funds have been obli- the mayor, the D.C. council and the fiscal year as required by section 442(b) of outside health care consultants who the District of Columbia Home Rule Act (87 gated in whole or in part prior to September Stat. 824; Public Law 93–198; D.C. Code, sec. 30, 2002: Provided further, That upon expira- have been looking at this problem for 47–301(b)). tion of any such project authorization, the years. funds provided herein for the project shall DISTRICT OF COLUMBIA HEALTH AND One of the ways it attempts to cor- lapse. HOSPITALS PUBLIC BENEFIT CORPORATION rect it is by cutting off its funding, ter- For the District of Columbia Health and Mr. ISTOOK (during the reading). Mr. minating its line of credit. So what Hospitals Public Benefit Corporation, estab- Chairman, I ask unanimous consent happens? The hospital, we are told, will lished by D.C. Law 11–212, D.C. Code, sec. 32– that the remainder of the bill through become insolvent, will shut down with- 262.2, $123,548,000 of which $45,313,000 shall be page 40, line 19 be considered as read, in a year if this amendment is included derived by transfer from the general fund, printed in the RECORD and open to in the bill and the bill is enacted. and $78,235,000 from other funds: Provided, amendment at any point. Okay. Fine. It is not being run well. That no appropriated amounts and no The CHAIRMAN. Is there objection It is losing money, but tell me, Mr. amounts from or guaranteed by the District to the request of the gentleman from Chairman, what do we do with the of Columbia government (including the Dis- Oklahoma? trict of Columbia Financial Responsibility thousands of people who go to D.C. and Management Assistance Authority) may There was no objection. General as their health care of last re- be made available to the Corporation The CHAIRMAN. Are there amend- sort? No one else wants to handle (through reprogramming, transfers, loans, or ments to that portion of the bill? them. No one else wants to handle any other mechanism) which are not other- AMENDMENT NO. 12 OFFERED BY MR. MORAN OF these gunshot victims. No one else wise provided for under this heading. VIRGINIA wants to handle these drug addicts. No DISTRICT OF COLUMBIA RETIREMENT BOARD Mr. MORAN of Virginia. Mr. Chair- one else wants to handle these people For the District of Columbia Retirement man, I offer amendment No. 12. who have no money to pay for their Board, established by section 121 of the Dis- The CHAIRMAN. The Clerk will des- health care. ignate the amendment. trict of Columbia Retirement Reform Act of So what are we going to do with 1979 (93 Stat. 866; D.C. Code, sec. 1–711), The text of the amendment is as fol- them? Are we just going to let them $11,414,000 from the earnings of the applica- lows: ble retirement funds to pay legal, manage- loose without health care? We are Amendment No. 12 printed in the CONGRES- going to send them to other hospitals ment, investment, and other fees and admin- SIONAL RECORD offered by Mr. MORAN of Vir- istrative expenses of the District of Colum- ginia: that do not take them, that do not bia Retirement Board: Provided, That the In the item relating to ‘‘DISTRICT OF CO- want them, that are not going to treat District of Columbia Retirement Board shall LUMBIA HEALTH AND HOSPITALS PUBLIC BEN- them. So that is my problem with this provide to the Congress and to the Council of EFIT CORPORATION’’, strike ‘‘funds:’’ and all solution. It is too easy. It was not done the District of Columbia a quarterly report that follows and insert a period. by D.C. because D.C. is held account- of the allocations of charges by fund and of Strike section 164 (and redesignate the suc- expenditures of all funds: Provided further, able by its voters for coming up with ceeding provisions accordingly). constructive alternatives. This is too That the District of Columbia Retirement Mr. ISTOOK. Mr. Chairman, I reserve Board shall provide the Mayor, for trans- easy an alternative: Cut it off, shut it mittal to the Council of the District of Co- a point of order. down. lumbia, an itemized accounting of the The CHAIRMAN. The point of order That is not the way to handle a very planned use of appropriated funds in time for is reserved. difficult, complex problem. So what I Mr. MORAN of Virginia. Mr. Chair- each annual budget submission and the ac- want to do with this amendment is tual use of such funds in time for each an- man, the purpose of this amendment is, strike the language, leave it to D.C. to nual audited financial report. again, to let the District of Columbia deal with. Do not come up with solu- CORRECTIONAL INDUSTRIES FUND deal with its most severe problems, and tions that are going to make the situa- one of its most severe problems has to For the Correctional Industries Fund, es- tion worse. Do not have that pain and tablished by the District of Columbia Correc- do with the operation of D.C. General suffering of people who have no health tional Industries Establishment Act (78 Stat. Hospital. care and desperately need it on our 1000; Public Law 88–622), $1,808,000 from other Mr. Chairman, within the District of hands. We have no business getting in- funds. Columbia, there are over 80,000 people volved in this issue, unless we have a WASHINGTON CONVENTION CENTER ENTERPRISE who have no health insurance, and D.C. constructive alternative. We do not, so FUND General is their health care of last re- we ought to strike the language. For the Washington Convention Center En- sort. When they go to the hospital, it is terprise Fund, $52,726,000 from other funds. too often because they have a gunshot POINT OF ORDER CAPITAL OUTLAY wound, because they have been phys- Mr. ISTOOK. Mr. Chairman, I make a (INCLUDING RESCISSIONS) ically attacked, because women have point of order against the amendment For construction projects, an increase of been raped, because they have serious as to the underlying merits. I will offer $1,077,282,000 of which $806,787,000 is from drug problems, because they have prob- at an appropriate time a written state- local funds, $66,446,000 is from highway trust lems that take acute attention and of- ment for the record. funds and $204,049,000 is from Federal funds, tentimes very expensive care. Because Mr. Chairman, I make a point of and a rescission of $55,208,000 from local these people generally do not have the order against the amendment because funds appropriated under this heading in money to pay for their health care, it violates the rules of the House since prior fiscal years, for a net amount of it calls for the en bloc consideration of $1,022,074,000 to remain available until ex- D.C. General has gone broke, as has pended: Provided, That funds for use of each Southeast Community Hospital, a two different paragraphs in the bill. capital project implementing agency shall be number of the health clinics in the The precedents of the House are clear managed and controlled in accordance with community. in this matter: Amendments to a para- all procedures and limitations established We are talking about places like Ana- graph or section are not in order until under the Financial Management System: costia primarily, very low-income sec- such paragraph or section has been Provided further, That all funds provided by tion of the city. Some people are in read. Cannon’s Precedents, Volume 8, this appropriation title shall be available desperate poverty, even in today’s section 2354. only for the specific projects and purposes intended: Provided further, That notwith- world in the capital city. So a public Mr. Chairman, I ask for a ruling from standing the foregoing, all authorizations for benefit corporation was set up to see if the Chair. capital outlay projects, except those projects they cannot manage these health care The CHAIRMAN. If no other Member covered by the first sentence of section 23(a) facilities and find a way to finance desires to be heard, for the reasons

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00038 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.001 H26JY0 16462 CONGRESSIONAL RECORD—HOUSE July 26, 2000 stated by the gentleman from Okla- There was no objection. democracy and autonomy amendment homa (Mr. ISTOOK), the point of order is The CHAIRMAN. That will include that does not address any substantive sustained. any amendments thereto. issue or specific provision. However, we Are there any other amendments to Ms. NORTON. Mr. Chairman, I yield will surely answer for the piling on of this portion of the bill? myself such time as I may consume. amendments that are already in local PARLIAMENTARY INQUIRY Mr. Chairman, I rise to introduce a or Federal law, or corpses, left over Ms. NORTON. Mr. Chairman, par- democracy amendment that will wipe from prior years and circumstances liamentary inquiry. Are we at general out all riders, most of them oper- and administrations that are dead and provisions where an amendment can be ational riders, that are outdated or ir- gone. at the desk and now be pursued? relevant. Members would not commit Mr. Chairman, District residents The CHAIRMAN. When the Clerk be- themselves one way or the other on the gave themselves a new start with a new gins to read again, he will begin at that substance of any underlying provision mayor and a reconstructed city coun- portion. by voting to eliminate them all. cil. I ask the House to respond with a The Clerk will read section 101. The chairman announced on the floor new bill that does not hang on the back The Clerk read as follows: just a few minutes ago that he has of today’s cities, tails, and times it has GENERAL PROVISIONS himself begun to look at these provi- thrown off. SEC. 101. The expenditure of any appropria- sions and has found some of them to be Mr. Chairman, I reserve the balance tion under this Act for any consulting serv- outmoded. I appreciate that he is now of my time. ice through procurement contract, pursuant looking into the bill in this way. Mr. ISTOOK. Mr. Chairman, I con- to 5 U.S.C. 3109, shall be limited to those In his budget, as transmitted, the tinue to reserve my point of order, and contracts where such expenditures are a President offered to work with the I yield myself such time as I may con- matter of public record and available for Congress and the District to identify public inspection, except where otherwise sume. and limit at the very least the number Mr. Chairman, basically, the gentle- provided under existing law, or under exist- of general provisions or attachments ing Executive order issued pursuant to exist- woman representing the District of Co- not only to be consistent with the prin- ing law. lumbia has offered an amendment to ciple of home rule but also because AMENDMENT NO. 22 OFFERED BY MS. NORTON strike out all of the provisions after most are so old that they have been Ms. NORTON. Mr. Chairman, I offer the appropriating paragraphs, all of the overtaken by events, or they are now a an amendment. substantive provisions in this bill; and The CHAIRMAN. The Clerk will des- part of D.C. or Federal law. basically, as I believe she stated, there Last year, the chairman indicated ignate the amendment. are two categories. One of them are so- that riders in the D.C. appropriation The text of the amendment is as fol- called social riders, such as the concern reflected the fact that over many lows: with programs to exchange drug nee- years, whoever was President had been Amendment No. 22 printed in the CONGRES- dles out on the public streets, and pro- transmitting old riders and the chair- SIONAL RECORD offered by Ms. NORTON: grams such as the marijuana initiative man had simply included what the Strike ‘‘GENERAL PROVISIONS’’ and all that that the District in a referendum President sent. Upon inspection, the follows through the last section before the adopted, which this Congress has ex- short title. White House found that most of the at- pressly disapproved and said it shall tachments are no longer applicable. Mr. ISTOOK. Mr. Chairman, I reserve not go into effect. Other provisions are Many already exist in Federal law or a point of order. not so-called social riders, but they are The CHAIRMAN. This amendment the D.C. Code. Example, section 114 re- provisions that have been carried on touches portions of the bill that have quires council approval of capital this bill for a number of years because not yet been read or considered. Does project borrowing; but that is now re- they have not been enacted into sub- the gentlewoman from the District of quired by the D.C. code. stantive law, where this would be the Columbia (Ms. NORTON) ask unanimous Other riders should be deleted be- controlling standard if they were not consent for its present consideration? cause they are incorporated into the Ms. NORTON. I do, Mr. Chairman. D.C. budget text or the local budget in the bill. Now, I realize that the gentlewoman The CHAIRMAN. Is there objection act, or will be proposed locally this says, well, these are old things to be to the request of the gentlewoman year. Example, restrictions on the use done away with; they are not needed from the District of Columbia? of official vehicles, a restriction re- anymore. We went through those provi- Mr. ISTOOK. Mr. Chairman, I reserve quired by Congress and adopted in the sions before this bill was offered this a point of order. I have no objection to local Budget Support Act. the gentlewoman proceeding for, I be- Still, other riders should be deleted year; and we wiped out two dozen, two lieve, the agreed upon time was for 5 because they are one-time provisions, dozen provisions that have been carried minutes to certainly explain her are no longer applicable or duplicate on this bill for years, that I agree, fit amendment and her position. existing Federal law. Example, the bill the description of things that were out- The CHAIRMAN. Without objection, says appropriations or obligations that dated, outmoded, duplicative, and no pending the point of order, the gentle- expire at the end of the year unless longer necessary. If there are any oth- woman from the District of Columbia otherwise stated. Yet this matter is ers of those that still remain, we want (Ms. NORTON) is recognized for 5 min- covered by Federal law. to take them out too; but we are not utes on her amendment. Other provisions should be deleted satisfied that that is the case. There was no objection. because they are issues of local home For example, we do have provisions Ms. NORTON. Mr. Chairman, I be- rule and/or should be deleted to ensure in this bill to make it clear that all lieve that there has been a time agree- that the District is treated the same as contracts regarding the District are a ment for 20 minutes divided equally. If any other State or local jurisdiction. matter of public record. We had a cir- I may have unanimous agreement on Some of these are social riders, such as cumstance, Mr. Chairman, just a few that time? voting rights. Most, however, are oper- weeks ago when the former head of the Mr. ISTOOK. Mr. Chairman, I would ational matters normally left to local Public Benefit Corporation, which op- certainly agree to that. I misstated on jurisdictions. The democracy amend- erates the D.C. General Hospital, said, the time. I agree to a unanimous con- ment I offer today would eradicate all since you fired me, I am entitled to $1 sent request of 20 minutes to be divided of these riders, most of them oper- million, and people said, where is the 10 minutes per side. ational and out of date or redundant of contract? And people could not find it. The CHAIRMAN. Without objection, current law. It should have been public record. the time on the amendment of the gen- We had testimony in a hearing from tlewoman from the District of Colum- b 1515 the control board that is supposed to bia (Ms. NORTON) will be 20 minutes di- No Member would answer for any one be a repository of these, and they said, vided equally. of them, because the amendment is a we never saw such a contract. And get

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00039 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.001 H26JY0 July 26, 2000 CONGRESSIONAL RECORD—HOUSE 16463 this: the control board, headed by the The point is, is it a matter of D.C. fairs, that the power comes not from former vice chairman of the Federal law, and is it a matter of Federal law? the State to the people, but from the Reserve Board, has been writing checks Once it is a matter of law, anything people to the government. Then let the for millions of dollars not budgeted, else we do to make it a matter of law people of the District of Columbia be not approved, for millions of dollars, as is redundant, a law that is already empowered to run their own govern- I mentioned before, to keep this facil- there. And if one has a complaint about ment and get rid of this extraneous ity afloat, despite years of efforts by sole-source contracts, and I certainly stuff. It does not belong here. Treat this Congress, years and years by this would, if one has a complaint about D.C. residents the way we treat our Congress saying, they are wasting competitive bids, and I certainly own constituents. That is all we are money over there, it is a sink hole, would, then you have to go to those asking. That is the bottom line of this they have not fixed it, and the control who are not enforcing the law, not sim- amendment. Do unto others as you board continued writing millions of ply pile on attachments, which also do would do unto yourself. dollars worth of checks. not enforce the law. Mr. Chairman, we would not do it to There were no signed agreements, Mr. Chairman, I yield 3 minutes to our constituents; we should not do it to there were no memoranda, there were the gentleman from Virginia (Mr. D.C. residents. no security agreements, there was no MORAN). Mr. ISTOOK. Mr. Chairman, I yield 1 promissory note, there was no state- Mr. MORAN of Virginia. Mr. Chair- minute to the gentleman from Wis- ment of collateral, there was nothing, man, I offered this democracy amend- consin (Mr. PETRI). nothing, for about $200 million of out- ment in the full Committee on Appro- Mr. PETRI. Mr. Chairman, I rise to lay of public money, not budgeted, not priations, and I appreciate the gentle- commend the subcommittee chairman authorized by law, and they did not woman from the District of Columbia for the provisions he has put in the even have any sort of written agree- (Ms. NORTON) offering it today on the bill, and I oppose the amendment. The ments for it. House floor, because she is the demo- fact of the matter is, there has been an So of course we need a provision that cratically elected representative of the ongoing effort to expand charter says, all of these contracts are a mat- District of Columbia, and she well schools in the District of Columbia. It ter of public record. If the District or knows that most of the provisions in is one of the most successful efforts in the control board is going to loan this appropriations bill do not belong the United States. We have had a pol- money to the Public Benefit Corpora- in any Federal appropriations bill. icy for a number of years, when the tion for the D.C. General Hospital, they There are 72 provisions at last count, D.C. government closes a school, to ought to have at least one piece of 17 new ones in the bill this time. We allow the people who have charter paper that reflects why they wrote all have a couple dozen provisions that are school programs to have an oppor- of these millions of dollars of checks. either already part of Federal law, tunity to use the unused school build- All contracts are a matter of public other parts of Federal law that do not ing, and that policy has been flouted. It record. That is an example of one of need to be here for any purpose, or are has not been put into effect. The chair- the provisions that the gentlewoman in the D.C. Code. D.C. is legally re- man, in the bill, is trying to honor that wishes to strike. quired to do these things. It is in their agreement and get the D.C. Govern- Also, a restriction saying, we do not law. What are we doing keeping this ment off the dime to allow the unused use this public money for personal stuff in the D.C. appropriations bill? It school buildings, under proper cir- cooks, chauffeurs or other servants. is sort of just making sure that that cumstances, to be used by the children They cannot use it for any sole-source heel stays deep on D.C.’s throat so that of the District who are enrolled in contracts. They cannot renew con- they do not ever think that they can charter schools. tracts or extend them without taking run their own affairs. I understand that if we drop this lan- competitive bids. Let us protect the Let us get rid of this junk. It is detri- guage, the charter school people are taxpayer from sweetheart deals. tus. It does not belong on an appropria- going to be ignored. If we keep the lan- Now, we can be satisfied that some tions bill. There are so many of these guage in, we will have an opportunity provisions are actually in the law else- examples, punitive examples where we to work out something reasonable, so I where so that they do not need to be tell them what to do with their own ve- commend the chairman for his lan- carried in this bill. That is why we hicles, how much allowance for pri- guage. wiped out two dozen of them that have vately owned vehicles, how fuel-effi- Ms. NORTON. Mr. Chairman, I yield 1 been carried year after year; and we cient automobiles have to be. It is all minute to the gentlewoman from Wis- want to get rid of all of these and have stuff that is contained in other places, consin (Ms. BALDWIN). them in substantive law, but they are or it ought not to be contained any- Ms. BALDWIN. Mr. Chairman, I rise not there yet. place. in strong support of my colleague’s That is just an example, Mr. Chair- Now, there are some controversial amendment, and I thank her for her man, of the provisions of the gentle- issues included in this amendment. leadership on these issues. woman’s amendment, along with many There is a domestic partnership, tough I want to address just one provision others that we will be discussing later, issue. But the reality is that 3,000 em- in the gentlewoman’s democracy would wipe out all in one block. ployers across the country offer domes- amendment, the domestic partnership As well as reserving my point of tic partnership coverage. All kind of health benefits. order against this amendment, Mr. States and localities. I was not given At a time when 44 million people in Chairman, as an improper way to bring those numbers this year, but we know our country lack health care coverage, issues up before this House, I certainly the numbers; and it is a whole bunch of this House has decided that it will oppose the amendment. States and localities that do this. Why erect new barriers for certain citizens Mr. Chairman, I reserve my point of are we telling the District that it can- of our capital city to obtain health order, and I reserve the balance of my not? We do not turn around and tell care insurance. They have decided to time. anybody in the jurisdictions that we prohibit the implementation of the Ms. NORTON. Mr. Chairman, I yield represent that they cannot do this; but District’s plan to extend health care myself such time as I may consume. we tell D.C. they cannot do it, because coverage to domestic partners of city If I may respond, the gentleman has we are not accountable to them. They employees, and I must ask why. Con- named what amounts to violations of cannot do anything to fight back. gress stands as the only barrier be- D.C. law and violations of what is re- Mr. Chairman, that is why this de- tween affordable health care for count- quired in this appropriation attach- mocracy amendment is in order, and less families of city employees. This ment. All that demonstrates is having that is why it is called a democracy stand could mean the difference be- it in an attached provision, does not amendment. We believe that people tween having a sensible health care get the provision enforced. ought to be able to run their own af- plan or no plan at all; it could mean

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00040 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.001 H26JY0 16464 CONGRESSIONAL RECORD—HOUSE July 26, 2000 the difference between wellness and ill- Ms. NORTON. Mr. Chairman, I yield The CHAIRMAN. The gentleman ness, and in some cases, life and death. 11⁄2 minutes to the gentleman from from Oklahoma (Mr. ISTOOK) has 1 As a proponent for health care for Maryland (Mr. HOYER). minute remaining. all, I am extremely disturbed by this Mr. HOYER. Mr. Chairman, I thank Mr. ISTOOK. Mr. Chairman, I yield underlying provision. The employees of the gentlewoman for yielding me this myself the balance of the time. this city want nothing more and noth- time, and I rise in strong support of her Certainly, as I said before, I agree ing less than fairness and equality in amendment. with the concept that, if there are the workplace. Allowing access to the Mr. Chairman, as I sat here to think things in this bill that are carry-overs most basic of benefits, health care, about what could one say in 90 seconds, that serve no purpose any further, then does just that. it occurs to me that each and every one they should join the two dozen provi- Mr. ISTOOK. Mr. Chairman, I yield 2 of my colleagues ought to consider sions that we have already taken out minutes to the gentleman from Kansas this. None of us, not one of us in this that have been carried year after year (Mr. TIAHRT). body wants to take ownership of every in this bill. Mr. TIAHRT. Mr. Chairman, on July policy adopted by the D.C. City Council We will continue to work with the 11, the D.C. Council passed a bill which and its mayor, not one of us. It is other side of the aisle and our own side would require employers in the District theirs to take, theirs to do. to make sure that we do not carry any- of Columbia to provide contraceptive But I suggest to my colleagues, to thing that is not necessary. Of course, coverage to their employees. Despite the extent that we include provision 1, the other issues are policy issues such the fact that a good conscience clause 2, 3, and 4 and leave out 5, 6, and 7, one as we have talked about relating to exempting employers who wish to could clearly argue, well, apparently drug needles, relating to contraceptive waive this on religious or moral obliga- one is against 1 through 5, but one tions was offered, it was not adopted by mandates that exclude a conscience must be for 6, 7 and 8. That is not the clause. Those issues are going to be the council. case. It is not the case. I am not re- Furthermore, the debate got rather brought up in further amendments. sponsible for what the D.C. City Coun- ugly and some council members es- But as to this one, Mr. Chairman, I cil does, the D.C. City Council is, and poused anti-Catholic and anti-Chris- would like to close the debate. the voters of the District of Columbia tian beliefs in the course of this discus- Mr. Chairman, I yield back the bal- are, any more than the D.C. Council is sion. One of the provisions that would ance of my time. responsible for what I do on this floor. be deleted by the gentlewoman’s POINT OF ORDER This is called a democracy amend- amendment would be the requirement ment, because, in a democracy, we be- Mr. Chairman, I make a point of for the District of Columbia City Coun- lieve that the people can be wrong. The order against the amendment because cil to go back and reconsider the con- people can disagree. The people do not it violates the rules of the House since science clause, allowing for religious all need to be overseen by Big Brother. it calls for the en bloc consideration of and moral obligations. two different paragraphs in the bill. Now, if the concern is that there are It seems to me that is a conservative concept. It seems to me that is some- The precedents of the House are clear not contraceptives available in the Dis- in this matter: ‘‘Amendments to a trict of Columbia, according to the De- thing that people who want smaller government adopt as a premise, that paragraph or section are not in order partment of Health and Human Serv- until such paragraph or section has ices, there are 10 locations inside the Big Brother ought not to be overseeing the District of Columbia. Vote for this been read,’’ Cannon’s Precedents, Vol- District of Columbia where contracep- ume 8, section 2354. tives can be obtained free. democracy amendment. The CHAIRMAN. The gentleman I ask for a ruling from the Chair. b 1530 from Oklahoma (Mr. ISTOOK) has 2 min- The CHAIRMAN. Does the gentle- If one is above the poverty level, one utes remaining. woman from the District of Columbia can pay a minimum cost for contracep- Mr. ISTOOK. Mr. Chairman, I yield 1 desire to be heard on the point of tives. Contraceptives are available in minute to the gentleman from Colo- order? the District of Columbia. There is no rado (Mr. TANCREDO). Ms. NORTON. Mr. Chairman, I under- reason for the District, for the council Mr. TANCREDO. Mr. Chairman, I stand the rules of the House. I appre- to carry on this debate about religious thank the gentleman for yielding me ciate that I have been heard on what, and moral convictions not being appli- this time. for us, is a vital amendment. I will con- cable. Because if someone for some rea- There has always been, there always tinue to work with the gentleman from son did not have access to health care will be, there is now bureaucratic oppo- Oklahoma (Mr. ISTOOK) to eliminate coverage that provided contraceptives, sition to any sort of reform, especially such provisions as we can agree should and they wanted to obtain contracep- in school reform that gives parents be eliminated. tives, they could go to one of the 10 lo- greater opportunities, greater free- The CHAIRMAN. For the reasons cations in the District of Columbia doms. stated by the gentleman from Okla- where they could get free contracep- The gentleman rails on about micro- homa (Mr. ISTOOK), the point of order is tives at low cost if they are above the managing this and avoidance of that. sustained. poverty level. What we are trying to do with, espe- Mr. ISTOOK. Mr. Chairman, I move So I think the gentlewoman’s amend- cially the charter school provision, is that the Committee do now rise. ment to strike all provisions would go to give people, the individuals, the par- The motion was agreed to. way too fast and would not task the ents in the District of Columbia, great- Accordingly, the Committee rose; city council with going back and recon- er freedom, greater choice, not the bu- and the Speaker pro tempore (Mr. sidering the conscience clause which I reaucrats, not the educational system PETRI) having assumed the chair, Mr. think they should could consider. in general, but parents, individuals. LAHOOD, Chairman of the Committee So if one strikes all the general pro- Is that not the best kind of freedom of the Whole House on the State of the visions, I think it is a bridge too far, a to give anybody? Is that not the best Union, reported that that Committee, step too far; and I think it is a wrong kind of public policy to adopt here? It having had under consideration the bill thing. I think we should allow Con- is not a hard hand of government com- (H.R. 4942) making appropriations for gress, which has the constitutional re- ing down on the District. It is the free- the government of the District of Co- quirement to oversee this, to carry on dom we are going to give parents in the lumbia and other activities chargeable with these general provisions as are District of Columbia to select charter in whole or in part against the reve- listed in the bill. schools for their kids, the greatest op- nues of said District for the fiscal year The CHAIRMAN. The gentlewoman portunity we can possibly give to any- ending September 30, 2001, and for from the District of Columbia has 11⁄2 one, including the residents of the Dis- other purposes, had come to no resolu- minutes remaining. trict of Columbia. tion thereon.

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00041 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.001 H26JY0 July 26, 2000 CONGRESSIONAL RECORD—HOUSE 16465 LIMITATION ON AMENDMENTS ments, which shall be debatable for the sonal services and consulting contracts in ef- DURING FURTHER CONSIDER- time specified, equally divided and con- fect on behalf of the District government, ATION OF H.R. 4942, DISTRICT OF trolled by the proponent and an oppo- and shall include in the index specific infor- COLUMBIA APPROPRIATIONS nent, shall not be subject to amend- mation on any severance clause in effect under any such contract. ACT, 2001 ment and shall not be subject to a de- (b) PUBLIC INSPECTION.—The index main- Mr. ISTOOK. Mr. Speaker, I ask mand for a division of the question: tained under subsection (a) shall be kept unanimous consent that during further One, the additional amendment available for public inspection during reg- consideration of H.R. 4942 in the Com- printed in the CONGRESSIONAL RECORD ular business hours. mittee of the Whole pursuant to House and numbered 23, which shall be debat- (c) CONTRACTS EXEMPTED.—Subsection (a) shall not apply with respect to any collective Resolution 563 no further amendment able for 40 minutes; and Two, the additional amendment bargaining agreement or any contract en- to the bill shall be in order except, one, tered into pursuant to such a collective bar- printed in the CONGRESSIONAL RECORD pro forma amendments offered by the gaining agreement. and numbered 13, which shall be debat- chairman or ranking minority member (d) DISTRICT GOVERNMENT DEFINED.—In of the Committee on Appropriations or able for 10 minutes. this section, the term ‘‘District government’’ their designees for the purpose of de- The Clerk will read. means the government of the District of Co- bate; two, the amendments printed in The Clerk read as follows: lumbia, including— House Report 106–790; three, the addi- SEC. 102. Except as otherwise provided in (1) any department, agency or instrumen- this Act, all vouchers covering expenditures tality of the government of the District of tional amendment printed in the CON- of appropriations contained in this Act shall Columbia; GRESSIONAL RECORD and numbered 23, be audited before payment by the designated (2) any independent agency of the District which shall be debatable for 40 min- certifying official, and the vouchers as ap- of Columbia established under part F of title utes; and, four, the additional amend- proved shall be paid by checks issued by the IV of the District of Columbia Home Rule ment printed in the CONGRESSIONAL designated disbursing official. Act or any other agency, board, or commis- RECORD and numbered 13, which shall SEC. 103. Whenever in this Act, an amount sion established by the Mayor or the Coun- be debatable for 10 minutes. is specified within an appropriation for par- cil; Each additional amendment shall be ticular purposes or objects of expenditure, (3) the Council of the District of Columbia; debatable for the time specified equally such amount, unless otherwise specified, (4) any other agency, public authority, or shall be considered as the maximum amount public benefit corporation which has the au- divided and controlled by the pro- that may be expended for said purpose or ob- thority to receive monies directly or indi- ponent and an opponent, shall not be ject rather than an amount set apart exclu- rectly from the District of Columbia (other subject to amendment, and shall not be sively therefor. than monies received from the sale of goods, subject to a demand for a division of SEC. 104. Appropriations in this Act shall the provision of services, or the loaning of the question in the House or in the be available, when authorized by the Mayor, funds to the District of Columbia); and Committee of the Whole. for allowances for privately owned auto- (5) the District of Columbia Financial Re- The SPEAKER pro tempore. Is there mobiles and motorcycles used for the per- sponsibility and Management Assistance Au- objection to the request of the gen- formance of official duties at rates estab- thority. lished by the Mayor: Provided, That such (e) No payment shall be made pursuant to tleman from Oklahoma? rates shall not exceed the maximum pre- any such contract subject to subsection (a), There was no objection. vailing rates for such vehicles as prescribed nor any severance payment made under such f in the Federal Property Management Regu- contract, if a copy of the contract has not lations 101–7 (Federal Travel Regulations). been filed in the index. Interested parties DISTRICT OF COLUMBIA may file copies of their contract or sever- APPROPRIATIONS ACT, 2001 Mr. ISTOOK. Mr. Chairman, I ask unanimous consent that the remainder ance agreement in the index on their own be- The SPEAKER pro tempore. Pursu- half. of the bill through page 53 line 14 be ant to House Resolution 563 and rule SEC. 108. No part of any appropriation con- considered as read, printed in the XVIII, the Chair declares the House in tained in this Act shall remain available for RECORD, and open to amendment at the Committee of the Whole House on obligation beyond the current fiscal year un- any point. less expressly so provided herein. the State of the Union for the further The CHAIRMAN. Is there objection SEC. 109. No funds appropriated in this Act consideration of the bill, H.R. 4942. to the request of the gentleman from for the District of Columbia government for b 1528 Oklahoma? the operation of educational institutions, There was no objection. the compensation of personnel, or for other IN THE COMMITTEE OF THE WHOLE educational purposes may be used to permit, Accordingly, the House resolved The text of the remainder of the bill encourage, facilitate, or further partisan po- itself into the Committee of the Whole from page 41, line 24, through page 53 litical activities. Nothing herein is intended House on the State of the Union for the line 14 is as follows: to prohibit the availability of school build- further consideration of the bill (H.R. SEC. 105. Appropriations in this Act shall ings for the use of any community or par- 4942) making appropriations for the be available for expenses of travel and for tisan political group during non-school the payment of dues of organizations con- hours. government of the District of Columbia cerned with the work of the District of Co- SEC. 110. None of the funds appropriated in and other activities chargeable in lumbia government, when authorized by the this Act shall be made available to pay the whole or in part against the revenues Mayor: Provided, That in the case of the salary of any employee of the District of Co- of said District for the fiscal year end- Council of the District of Columbia, funds lumbia government whose name, title, grade, ing September 30, 2001, and for other may be expended with the authorization of salary, past work experience, and salary his- purposes, with Mr. LAHOOD in the the chair of the Council. tory are not available for inspection by the chair. SEC. 106. There are appropriated from the House and Senate Committees on Appropria- The Clerk read the title of the bill. applicable funds of the District of Columbia tions, the Subcommittee on the District of The CHAIRMAN. When the Com- such sums as may be necessary for making Columbia of the House Committee on Gov- refunds and for the payment of judgments ernment Reform, the Subcommittee on Over- mittee of the Whole rose earlier today, that have been entered against the District sight of Government Management, Restruc- the bill was open from pages 41 line 1 of Columbia government: Provided, That turing and the District of Columbia of the through page 41 line 3. nothing contained in this section shall be Senate Committee on Governmental Affairs, Pursuant to the order of the House of construed as modifying or affecting the pro- and the Council of the District of Columbia, today, no further amendment to the visions of section 11(c)(3) of title XII of the or their duly authorized representative. bill shall be in order except pro forma District of Columbia Income and Franchise SEC. 111. There are appropriated from the amendments offered by the chairman Tax Act of 1947 (70 Stat. 78; Public Law 84– applicable funds of the District of Columbia or ranking member of the Committee 460; D.C. Code, sec. 47–1812.11(c)(3)). such sums as may be necessary for making SEC. 107. (a) REQUIRING MAYOR TO MAINTAIN payments authorized by the District of Co- on Appropriations, or their designees INDEX.—Effective with respect to fiscal year lumbia Revenue Recovery Act of 1977 (D.C. for the purpose of debate, the amend- 2001 and each succeeding fiscal year, the Law 2–20; D.C. Code, sec. 47–421 et seq.). ments printed in House Report 106–790, Mayor of the District of Columbia shall SEC. 112. No part of this appropriation shall and the following additional amend- maintain an index of all employment per- be used for publicity or propaganda purposes

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00042 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.001 H26JY0 16466 CONGRESSIONAL RECORD—HOUSE July 26, 2000

or implementation of any policy including SEC. 120. No later than 30 days after the the District of Columbia, accept and use boycott designed to support or defeat legisla- end of the first quarter of the fiscal year end- gifts to the public schools without prior ap- tion pending before Congress or any State ing September 30, 2001, the Mayor of the Dis- proval by the Mayor. legislature. trict of Columbia shall submit to the Council SEC. 125. None of the Federal funds pro- SEC. 113. At the start of the fiscal year, the of the District of Columbia the new fiscal vided in this Act may be used by the District Mayor shall develop an annual plan, by quar- year 2001 revenue estimates as of the end of of Columbia to provide for salaries, expenses, ter and by project, for capital outlay bor- the first quarter of fiscal year 2001. These es- or other costs associated with the offices of rowings: Provided, That within a reasonable timates shall be used in the budget request United States Senator or United States Rep- time after the close of each quarter, the for the fiscal year ending September 30, 2002. resentative under section 4(d) of the District Mayor shall report to the Council of the Dis- The officially revised estimates at midyear of Columbia Statehood Constitutional Con- trict of Columbia and the Congress the ac- shall be used for the midyear report. vention Initiatives of 1979 (D.C. Law 3–171; tual borrowings and spending progress com- SEC. 121. No sole source contract with the D.C. Code, sec. 1–113(d)). SEC. 126. (a) The University of the District pared with projections. District of Columbia government or any of Columbia shall submit to the Mayor, the SEC. 114. The Mayor shall not borrow any agency thereof may be renewed or extended District of Columbia Financial Responsi- funds for capital projects unless the Mayor without opening that contract to the com- bility and Management Assistance Authority has obtained prior approval from the Council petitive bidding process as set forth in sec- and the Council of the District of Columbia of the District of Columbia, by resolution, tion 303 of the District of Columbia Procure- identifying the projects and amounts to be no later than 15 calendar days after the end ment Practices Act of 1985 (D.C. Law 6–85; of each quarter a report that sets forth— financed with such borrowings. D.C. Code, sec. 1–1183.3), except that the Dis- SEC. 115. The Mayor shall not expend any (1) current quarter expenditures and obli- trict of Columbia government or any agency moneys borrowed for capital projects for the gations, year-to-date expenditures and obli- thereof may renew or extend sole source con- operating expenses of the District of Colum- gations, and total fiscal year expenditure tracts for which competition is not feasible bia government. projections versus budget broken out on the SEC. 116. None of the funds provided under or practical: Provided, That the determina- basis of control center, responsibility center, this Act to the agencies funded by this Act, tion as to whether to invoke the competitive and object class, and for all funds, non-ap- both Federal and District government agen- bidding process has been made in accordance propriated funds, and capital financing; cies, that remain available for obligation or with duly promulgated rules and procedures (2) a list of each account for which spend- expenditure in fiscal year 2001, or provided and said determination has been reviewed ing is frozen and the amount of funds frozen, from any accounts in the Treasury of the and approved by the District of Columbia Fi- broken out by control center, responsibility United States derived by the collection of nancial Responsibility and Management As- center, detailed object, and for all funding fees available to the agencies funded by this sistance Authority. sources; Act, shall be available for obligation or ex- SEC. 122. For purposes of the Balanced (3) a list of all active contracts in excess of penditure for an agency through a re- Budget and Emergency Deficit Control Act $10,000 annually, which contains the name of programming of funds which: (1) creates new of 1985 (99 Stat. 1037; Public Law 99–177), the each contractor; the budget to which the programs; (2) eliminates a program, project, term ‘‘program, project, and activity’’ shall contract is charged, broken out on the basis or responsibility center; (3) establishes or be synonymous with and refer specifically to of control center and responsibility center, changes allocations specifically denied, lim- each account appropriating Federal funds in and contract identifying codes used by the ited or increased by Congress in the Act; (4) this Act, and any sequestration order shall University of the District of Columbia; pay- increases funds or personnel by any means be applied to each of the accounts rather ments made in the last quarter and year-to- for any program, project, or responsibility than to the aggregate total of those ac- date, the total amount of the contract and center for which funds have been denied or counts: Provided, That sequestration orders total payments made for the contract and restricted; (5) reestablishes through re- shall not be applied to any account that is any modifications, extensions, renewals; and programming any program or project pre- specifically exempted from sequestration by specific modifications made to each contract viously deferred through reprogramming; (6) the Balanced Budget and Emergency Deficit in the last month; augments existing programs, projects, or re- Control Act of 1985. (4) all reprogramming requests and reports sponsibility centers through a reprogram- SEC. 123. In the event a sequestration order that have been made by the University of the ming of funds in excess of $1,000,000 or 10 per- is issued pursuant to the Balanced Budget District of Columbia within the last quarter cent, whichever is less; or (7) increases by 20 and Emergency Deficit Control Act of 1985 in compliance with applicable law; and percent or more personnel assigned to a spe- (99 Stat. 1037: Public Law 99–177), after the (5) changes made in the last quarter to the cific program, project or responsibility cen- amounts appropriated to the District of Co- organizational structure of the University of ter; unless the Appropriations Committees of lumbia for the fiscal year involved have been the District of Columbia, displaying previous both the Senate and House of Representa- paid to the District of Columbia, the Mayor and current control centers and responsi- tives are notified in writing 30 days in ad- of the District of Columbia shall pay to the bility centers, the names of the organiza- vance of any reprogramming as set forth in Secretary of the Treasury, within 15 days tional entities that have been changed, the this section. after receipt of a request therefor from the name of the staff member supervising each SEC. 117. None of the Federal funds pro- Secretary of the Treasury, such amounts as entity affected, and the reasons for the vided in this Act shall be obligated or ex- are sequestered by the order: Provided, That structural change. pended to provide a personal cook, chauffeur, the sequestration percentage specified in the (b) The Mayor, the Authority, and the or other personal servants to any officer or order shall be applied proportionately to Council shall provide the Congress by Feb- employee of the District of Columbia govern- each of the Federal appropriation accounts ruary 1, 2001, a summary, analysis, and rec- ment. in this Act that are not specifically exempt- ommendations on the information provided SEC. 118. None of the Federal funds pro- ed from sequestration by such Act. in the quarterly reports. vided in this Act shall be obligated or ex- SEC. 124. (a) An entity of the District of Co- SEC. 127. (a) Nothing in the Federal Grant pended to procure passenger automobiles as lumbia government may accept and use a and Cooperative Agreements Act of 1977 (31 defined in the Automobile Fuel Efficiency gift or donation during fiscal year 2001 if— U.S.C. 6301 et seq.) may be construed to pro- Act of 1980 (94 Stat. 1824; Public Law 96–425; (1) the Mayor approves the acceptance and hibit the Administrator of the Environ- 15 U.S.C. 2001(2)), with an Environmental use of the gift or donation: Provided, That mental Protection Agency from negotiating Protection Agency estimated miles per gal- the Council of the District of Columbia may and entering into cooperative agreements lon average of less than 22 miles per gallon: accept and use gifts without prior approval and grants authorized by law which affect Provided, That this section shall not apply to by the Mayor; and real property of the Federal Government in security, emergency rescue, or armored vehi- (2) the entity uses the gift or donation to the District of Columbia if the principal pur- cles. carry out its authorized functions or duties. pose of the cooperative agreement or grant is SEC. 119. Notwithstanding any other provi- (b) Each entity of the District of Columbia to provide comparable benefits for Federal sions of law, the provisions of the District of government shall keep accurate and detailed and non-Federal properties in the District of Columbia Government Comprehensive Merit records of the acceptance and use of any gift Columbia. Personnel Act of 1978 (D.C. Law 2–139; D.C. or donation under subsection (a) of this sec- (b) Subsection (a) shall apply with respect Code, sec. 1–601.1 et seq.), enacted pursuant tion, and shall make such records available to fiscal year 2001 and each succeeding fiscal to section 422(3) of the District of Columbia for audit and public inspection. year. Home Rule Act (87 Stat. 790; Public Law 93– (c) For the purposes of this section, the The CHAIRMAN. The Clerk will read. 198; D.C. Code, sec. 1–242(3)), shall apply with term ‘‘entity of the District of Columbia The Clerk read as follows: respect to the compensation of District of government’’ includes an independent agen- SEC. 128. (a) CONDITIONS FOR GRANTING Columbia employees: Provided, That for pay cy of the District of Columbia. PREFERENCE IN USE OF SURPLUS SCHOOL purposes, employees of the District of Co- (d) This section shall not apply to the Dis- PROPERTIES TO PUBLIC CHARTER SCHOOLS.— lumbia government shall not be subject to trict of Columbia Board of Education, which (1) IN GENERAL.—Section 2209(b)(1)(A) of the provisions of title 5, United States Code. may, pursuant to the laws and regulations of the District of Columbia School Reform Act

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00043 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.001 H26JY0 July 26, 2000 CONGRESSIONAL RECORD—HOUSE 16467

of 1995 (sec. 31–2853.19(b)(1)(A), D.C. Code) is ‘‘(i) IN GENERAL.—The Mayor may put out Strike sections 128 and 129 (and redesignate amended— for bid to the public or transfer to a District the succeeding provisions accordingly). (A) by striking ‘‘purchase or lease’’ and in- of Columbia agency for the use of such agen- Mr. ISTOOK. Mr. Chairman, I reserve serting ‘‘purchase, lease-purchase, or lease’’; cy any facility or property described in this a point of order on the amendment. and subparagraph (B) which was not acquired by The CHAIRMAN. The gentleman (B) by striking ‘‘, provided that’’ and all a public charter school pursuant to subpara- that follows and inserting a period. graph (C). from Oklahoma (Mr. ISTOOK) reserves a (2) PROPERTY SUBJECT TO PREFERENCE.— ‘‘(ii) NOTICE.—At least 90 days prior to put- point of order. Section 2209(b)(1)(B)(iii) of such Act (sec. 31– ting any such facility property out for bid or Pursuant to the order of the House of 2853.19(b)(1)(B)(iii), D.C. Code) is amended to transferring it to a District of Columbia today, the gentleman from Virginia read as follows: agency, the Mayor shall notify each eligible (Mr. MORAN) and the gentleman from ‘‘(iii) with respect to which the Authority chartering authority in writing of his inten- Oklahoma (Mr. ISTOOK) each will con- or the Board of Education has transferred ju- tion to do so. trol 5 minutes. risdiction to the Mayor at any time prior or ‘‘(iii) PUBLIC CHARTER SCHOOL RIGHT TO AC- The Chair recognizes the gentleman subsequent to the date of the enactment of QUIRE BEFORE BID OR TRANSFER.—Prior to the from Virginia (Mr. MORAN). this title.’’. expiration of the 90-day notice period de- Mr. MORAN of Virginia. Mr. Chair- (b) PROCEDURES FOR DISPOSITION OF PROP- scribed in clause (ii), a public charter school ERTY.—Section 2209(b)(1) of such Act (sec. 31– may purchase, lease-purchase, or lease any man, I yield myself such time as I may 2853.19(b)(1), D.C. Code) is amended by adding facility or property described in the notice consume. at the end the following new subparagraphs: under the terms described in clause (iii) of Mr. Chairman, the reason for doing ‘‘(C) DISPOSITION TO PUBLIC CHARTER subparagraph (C). this is we want to strike sections 128 SCHOOLS.— ‘‘(iv) PUBLIC CHARTER SCHOOL RIGHT TO and 129. The reason is that the District ‘‘(i) IN GENERAL.—Public charter schools MATCH BID.—With regard to any facility or of Columbia is already on the leading shall have the priority right to lease, lease- property offered for bid under this subpara- edge of the charter school movement purchase, or purchase any vacant facility or graph, the Mayor shall notify each eligible throughout the country. It is reform- property described in subparagraph (B), and chartering authority in writing within 5 ing its schools. In fact, it had an en- any facility or property described in sub- days of the amount of the highest acceptable paragraph (B) which is leased or occupied as bid. A public charter school may purchase, rollment increase of over 100 percent in of the date of the enactment of this subpara- lease-purchase, or lease such facility or prop- the last year. Mayor Williams has seen graph by an entity other than a public char- erty by submitting a bid for the facility or to it that the funding has increased by ter school. property within 30 business days of receipt 300 percent to $77 million for charter ‘‘(ii) APPRAISAL OF PROPERTY.—When a by each eligible chartering authority of such schools. That is good. That is what we public charter school notifies the Mayor of notice. The cost of acquisition shall be as de- want. its intention to exercise its rights under scribed in clause (iii) of subparagraph (C). The Center for Washington Area clause (i), the Mayor shall obtain within 90 ‘‘(v) FACILITIES OR PROPERTIES NOT PUT OUT days an independent fair market appraisal of Studies reported that D.C. charter FOR BID OR TRANSFERRED.—A public charter schools funding is among the most gen- the facility or property based on its current school shall have the right to purchase, permitted use, and shall transmit a copy of lease-purchase, or lease, under the terms de- erous in the entire Nation in terms of the appraisal to the public charter school. scribed in clause (iii) of subparagraph (C), per-pupil expenditures. Unfortunately, The public charter school shall have 30 days any facility or property described in this these two provisions could potentially from the date of receipt of the appraisal to paragraph that has not been put out for bid jeopardize both that funding and the enter into a contract for the purchase, lease- or transferred to a District of Columbia positive impact which charter schools purchase, or lease of such facility or prop- agency by the Mayor as provided for in this are having because it substantially re- erty, which time may be extended by mutual subparagraph.’’. agreement. Upon execution of the contract, duces the authority of local elected of- (c) PREFERENCES FOR USE OF CURRENT ficials to determine the best use of sur- the public charter school shall have 180 days PROPERTY.—Section 2209(b)(2) of such Act to complete the acquisition of the property. (sec. 31–2853.19(b)(2), D.C. Code) is amended— plus school properties. It was done ‘‘(iii) PRICES.— (1) in subparagraph (B)(ii), by striking without consultation with the Mayor ‘‘(I) PURCHASE.—The purchase price of a fa- ‘‘purposes,’’ and inserting ‘‘purposes directly or the school board or local elected of- cility or property described in this clause related to its mission,’’; and ficials. and in subparagraph (B) shall be the fair (2) by adding at the end the following new So passage of these provisions is market value of the facility or property, less subparagraph: going to have a very serious effect po- a 25 percent discount. ‘‘(C) PREFERENCE DESCRIBED.—A public tentially upon homeless shelters, alter- ‘‘(II) LEASE.—The lease price of a facility charter school shall have first priority to or property described in this clause and in native education programs, the Metro- lease, or otherwise contract for the use of, politan Police Department, because subparagraph (B) shall be the price charged any property described in subparagraph (B), by the District of Columbia to other non- at a rate which does not exceed the rate these organizations, these services are profit organizations leasing public facilities charged a private nonprofit entity for the using surplus school properties. or, if there is no nonprofit rate, fair market use of a comparable property of the District These amendments say any charter value less a 25 percent discount. The price of Columbia public schools and which is re- school can go in and buy these surplus shall be reduced to take into account the duced to take into account the value of re- school properties at 25 percent less value of any improvement to the public pairs or improvements made to the facility than market even if they are occupied. school facility or property which is or property by the public charter school.’’. preapproved by the Mayor. So potentially, one could displace the (d) EXERCISE OF PREFERENCES BY OTHER Commission on Mental Health which ‘‘(III) LEASE-PURCHASE.—A lease-purchase ENTITIES.—Section 2209(b) of such Act (sec. price of a facility or property described in 31–2853.19(b), D.C. Code) is amended by add- operates a clinic at the Addison this clause and in subparagraph (B) shall re- ing at the end the following new paragraph: School, the Center of Hope which flect a 25 percent discount from fair market ‘‘(3) EXERCISE OF PREFERENCE BY CERTAIN leases Keene School, the Commission value, in a manner consistent with sub- OTHER ENTITIES.—A public charter school on Mental Health which operates a clauses (I) and (II). may delegate to a nonprofit, tax-exempt or- children’s program at the Reno School, ‘‘(iv) QUARTERLY REPORT.—On January 1, ganization in the District of Columbia the April 1, July 1, and October 1 of each cal- the homeless shelters at Madison public charter school’s authority under this School in Old Emery, the Police De- endar year, the Mayor shall publish a report subsection.’’. describing the status of each facility or prop- partment at Petworth School. AMENDMENT NO. 13 OFFERED BY MR. MORAN OF erty described in subparagraph (B), including I have got all kinds of examples here VIRGINIA the date of expiration of the lease term or that could be displaced if any charter Mr. MORAN of Virginia. Mr. Chair- right of occupancy, if any, and the date, if school wants to come in and buy these man, I offer an amendment. any, each facility or property was or will be surplus properties. They can get it at put out for bid or transferred to a District of The CHAIRMAN. The Clerk will des- ignate the amendment. 25 percent discount on all leases, sales Columbia agency, if any. The Mayor shall de- and lease sales. That means that the liver such report to each eligible chartering The text of the amendment is as fol- authority and shall publish it in the District lows: District of Columbia could lose $48 mil- of Columbia register. Amendment No. 13 printed in the CONGRES- lion from the market value of this ‘‘(D) DISPOSITION OF FACILITIES OR PROP- SIONAL RECORD offered by Mr. MORAN of Vir- property. That is why the Mayor does ERTIES AFTER EXCLUSIVE PERIOD.— ginia: not want this.

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00044 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.001 H26JY0 16468 CONGRESSIONAL RECORD—HOUSE July 26, 2000 This does not make sense. We would What is happening with charter Despite the successful bid of the not want it if we were mayor. Why schools in the District of Columbia is charter school, which is now, gosh, Mr. would one lose that kind of money? We that parents and students are flocking Chairman, it is a year and a half old want to cooperate with charter to them because they offer an escape now, the D.C. schools and their bu- schools. We are strongly in favor of from the bureaucracy that governs the reaucracy are dragging their feet and charter schools. D.C. is doing a good District’s schools, that assumes the refusing to let the building be used for job on charter schools. But this could cash, that has one of the highest per- a charter school. They just drag it out. really impede its efforts. pupil funding rates in the country; but Never any overt actions; just we are Mr. Chairman, how much time do I where the cash ends up in a bureauc- waiting on this, we are waiting on that. have remaining? racy not helping out in the classroom Mr. Chairman, we have to cut through The CHAIRMAN. The gentleman with Johnny and Suzy. the red tape sometime. 1 from Virginia (Mr. MORAN) has 2 ⁄2 min- Charter schools have now attracted Now, I want to work with the gentle- utes remaining. over 10 percent of the student enroll- woman from the District; I want to Mr. MORAN of Virginia. That is ex- ment, moving toward 15 percent of the work with the gentleman from Vir- actly even, Mr. Chairman, and that is students in the public schools in the ginia, the ranking member; and I want what we want. District of Columbia. Charter schools Mr. Chairman, I yield the balance of to work with the District people and are themselves public schools but they the school people. I just want to make my time to the very distinguished gen- do not get stuck with the same bu- tlewoman from the District of Colum- sure that they want to work with the reaucracy, and parents want these charter schools. The charter schools bia (Ms. NORTON). charter schools. They are sending their are public schools. They have the same kids to them. But what is happening, b 1545 rights, because they represent and Mr. Chairman, is that the bureaucracy Ms. NORTON. Mr. Chairman, I thank teach the same kids, the same source is striking back. Not openly, not out in the gentleman for yielding me this of kids, and we have to stop the bu- the open, but using their weapon of time. reaucracy from trying to strangle choice, red tape, and strangling the I am a strong supporter of charter them. charter schools when they try to do schools. This city has more charter The general provisions in the bill just something. Charter schools are sup- schools than any other jurisdiction in put in common sense requirements to posed to have the same access to public the United States. It has been very make sure they get equal treatment. resources as public schools do. generous with them. We could delve into the details, but as Some residents went around our We did not create this, Mr. Chair- man, but the control board had an I said, they could change as we work mayor and came up here to get this through this process. We want to pro- amendment. I believe Mr. Peabody and order that they issued in 1998 saying that if a charter school wanted to tect the kids, whether they attend a Mr. Patten. There may be others. If regular public school or a charter they were having trouble with the Dis- match the bid price of a vacant school, and they have tons of them in the Dis- school. They need protection. They trict, they have now had a meeting need a good solid education so that with the District, they should have trict of Columbia, if a charter school they can have a future of hope and come to me or someone else. Instead, wanted to match the bid price, because growth and opportunity. what we get is a heavy-handed amend- they were also part of the public school Mr. Chairman, we certainly oppose ment that this House could never, system, that if the price was a million the amendment that tries to take out never, at least if it is a market-driven dollars or less, they would get a 25 per- these efforts at reform, but we do want House, could never approve. It slaps a cent discount; if the price was over a to continue to work with everyone in- huge compelled nonmarket-driven re- million dollars, it would be 15 percent. duction on property without knowing That is where this language providing volved to make these provisions the where the property is or what it is discounts comes from. It is the stand- best they can be. Mr. Chairman, I reserve the balance worth and otherwise directs how prop- ard the control board approved. erties should be disposed of. We do not But guess what? Let me tell my col- of my time. Mr. MORAN of Virginia. Mr. Chair- do that in a free economy. We do not leagues a couple of things. Charter man, I yield myself the balance of my do that in a market-driven economy. schools found when they tried to make The District has very scarce re- the leases, the process was being time to sum up here. sources precisely because the Federal dragged out. Let me tell my colleagues Mr. Chairman, I do not object if the Government takes up all of the space. the story of the Franklin School. The intent is simply to help the charter Mayor Williams wrote to the chairman Franklin School had bids solicited for school movement. The mayor wants to saying, ‘‘I am opposed to language con- this vacant property in February of do that. I think most people in D.C. cerning disposition of surplus school 1998. There was an appraisal made so want to have an alternative school sys- property that would hamper the Dis- the taxpayer would be protected. The tem. trict Government’s ability to utilize its appraisal was $4.1 million, and the suc- The problem is this amendment could assets to reform our schools.’’ cessful bidder was a charter school. potentially take $48 million out of the This amendment is big-time overkill But then the emergency board of edu- public school system. It could displace to tell the City how much it should sell cation trustees said, well, we want to a number of very important organiza- property for, how much it should re- oppose this, and the control board re- tions; the Commission on Mental duce property to. Some of it should be jected the bid. Why? Well, the control Health; the D.C. Police Department is reduced to nothing; some of it should board said they found out there was an using Petworth School. Homeless shel- be reduced very little. None of us in assessment and the District claimed ters. So I do not think it was fully this body knows. the building is worth more than the $4 thought out. I arranged a meeting when I learned million, that it is worth $15 million. The problem is that it was done with- of this problem. I understand that the And they hung on to that claim for out consultation with the mayor, D. C. City itself is going to deal with this months and months as a reason, until Council, and the school board. That is and it should have it dealt with within somebody finally went back to the Dis- why the amendment really should be a month. I hope that by the time we trict and checked the records, and the struck. I understand the point of order, get to conference, the chairman will District had changed its own assess- but I also know we are doing the right see fit to withdraw this, because I ment, but no one bothered to ask the thing if we were to strike it. think the matter shall have already District about it. The District had Mr. ISTOOK. Mr. Chairman, I yield been taken care of. agreed. They had changed it back in myself the balance of my time. Mr. ISTOOK. Mr. Chairman, I rise in June of 1999 that the assessed value I appreciate the gentleman’s concern, opposition to the amendment, as well was $4.2 million, right in line with the Mr. Chairman. I want to assure him as reserving a point of order. appraisal of $4.1 million. this is not about displacing anyone,

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00045 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.001 H26JY0 July 26, 2000 CONGRESSIONAL RECORD—HOUSE 16469 and certainly I do not believe the (1) WAIVER OF DUPLICATE AND CONFLICTING governmental benefits to such couples on the amendment does what the gentleman PROVISIONS.—Section 2210 of such Act (sec. same basis that such benefits are extended to claims, but I understand the bona fide 31–2853.20, D.C. Code) is amended by adding legally married couples. concern to make sure that it does not. at the end the following new subsection: SEC. 132. The Superintendent of the Dis- ‘‘(d) WAIVER OF APPLICATION OF DUPLICATE trict of Columbia Public Schools shall sub- We have been working both directly AND CONFLICTING PROVISIONS.—Notwith- mit to the Congress, the Mayor, the District and indirectly with the mayor’s office standing any other provision of law, and ex- of Columbia Financial Responsibility and and other entities involved and will cept as otherwise provided in this title, no Management Assistance Authority, and the continue to do so. provision of any law regarding the establish- Council of the District of Columbia no later POINT OF ORDER ment, administration, or operation of public than 15 calendar days after the end of each Mr. ISTOOK. Mr. Chairman, I make a charter schools in the District of Columbia quarter a report that sets forth— shall apply with respect to a public charter (1) current quarter expenditures and obli- point of order against the amendment school or an eligible chartering authority to gations, year-to-date expenditures and obli- because it violates the rules of the the extent that the provision duplicates or is gations, and total fiscal year expenditure House since it calls for the en bloc con- inconsistent with any provision of this projections versus budget, broken out on the sideration of two different paragraphs title.’’. basis of control center, responsibility center, in the bill. (2) EFFECTIVE DATE.—The amendments agency reporting code, and object class, and The precedents of the House are clear made by this subsection shall take effect as for all funds, including capital financing; in this matter: ‘‘Amendments to a if included in the enactment of the District (2) a list of each account for which spend- paragraph or section are not in order of Columbia School Reform Act of 1995. ing is frozen and the amount of funds frozen, (c) LICENSING REQUIREMENTS FOR PRE- broken out by control center, responsibility until such paragraph or section has SCHOOL OR PREKINDERGARTEN PROGRAMS.— center, detailed object, and agency reporting been read.’’ Cannon’s Precedents, Vol- (1) IN GENERAL.—Section 2204(c) of such Act code, and for all funding sources; ume 8, section 2354. (sec. 31–2853.14(c), D.C. Code) is amended by (3) a list of all active contracts in excess of I ask for a ruling from the Chair. adding at the end the following new para- $10,000 annually, which contains the name of The CHAIRMAN. Does any Member graph: each contractor; the budget to which the wish to be heard on the point of order? ‘‘(18) LICENSING AS CHILD DEVELOPMENT CEN- contract is charged, broken out on the basis If not, for the reasons stated by the TER.—A public charter school which offers a of control center, responsibility center, and gentleman from Oklahoma (Mr. preschool or prekindergarten program shall agency reporting code; and contract identi- be subject to the same child care licensing fying codes used by the District of Columbia ISTOOK), the point of order is sustained. requirements (if any) which apply to a Dis- Public Schools; payments made in the last The Clerk will read. trict of Columbia public school which offers quarter and year-to-date, the total amount The Clerk read as follows: such a program.’’. of the contract and total payments made for SEC. 129. (a) MODIFICATION OF CONTRACTING (2) CONFORMING AMENDMENTS.—(A) Section the contract and any modifications, exten- REQUIREMENTS.— 2202 of such Act (sec. 31–2853.12, D.C. Code) is sions, renewals; and specific modifications (1) CONTRACTS SUBJECT TO NOTICE REQUIRE- amended by striking clause (17). made to each contract in the last month; MENTS.—Section 2204(c)(1)(A) of the District (B) Section 2203(h)(2) of such Act (sec. 31– (4) all reprogramming requests and reports of Columbia School Reform Act (sec. 31– 2853.13(h)(2), D.C. Code) is amended by strik- that are required to be, and have been, sub- 2853.14(c)(1)(A), D.C. Code) is amended to read ing ‘‘(17),’’. mitted to the Board of Education; and as follows: (d) Section 2403 of the District of Columbia (5) changes made in the last quarter to the ‘‘(A) NOTICE REQUIREMENT FOR PROCURE- School Reform Act of 1995 (sec. 31–2853.43, organizational structure of the District of MENT CONTRACTS.— D.C. Code) is amended by adding at the end Columbia Public Schools, displaying pre- ‘‘(i) IN GENERAL.—Except in the case of an the following new subsection: vious and current control centers and re- emergency (as determined by the eligible ‘‘(c) ASSIGNMENT OF PAYMENTS.—A public sponsibility centers, the names of the orga- chartering authority of a public charter charter school may assign any payments nizational entities that have been changed, school), with respect to any procurement made to the school under this section to a fi- the name of the staff member supervising contract proposed to be awarded by the pub- nancial institution for use as collateral to each entity affected, and the reasons for the lic charter school and having a value equal secure a loan or for the repayment of a structural change. to or exceeding $25,000, the school shall pub- loan.’’. SEC. 133. (a) IN GENERAL.—The Super- lish a notice of a request for proposals in the (e) Section 2210 of the District of Columbia intendent of the District of Columbia Public District of Columbia Register and news- School Reform Act of 1995 (sec. 31–2853.20, Schools and the University of the District of papers of general circulation not less than 7 D.C. Code), as amended by subsection (b), is Columbia shall annually compile an accurate days prior to the award of the contract. further amended by adding at the end the and verifiable report on the positions and ‘‘(ii) EXCEPTION FOR CERTAIN CONTRACTS.— following new subsection: employees in the public school system and The notice requirement of clause (i) shall ‘‘(e) PARTICIPATION IN GSA PROGRAMS.— the university, respectively. The annual re- not apply with respect to any contract for ‘‘(1) IN GENERAL.—Notwithstanding any port shall set forth— the lease or purchase of real property by a provision of this Act or any other provision (1) the number of validated schedule A po- public charter school, any employment con- of law, a public charter school may acquire sitions in the District of Columbia public tract for a staff member of a public charter goods and services through the General Serv- schools and the University of the District of school, or any management contract entered ices Administration and may participate in Columbia for fiscal year 2000, fiscal year 2001, into by a public charter school and the man- programs of the Administration in the same and thereafter on full-time equivalent basis, agement company designated in its charter manner and to the same extent as any entity including a compilation of all positions by or its petition for a revised charter.’’. of the District of Columbia government. control center, responsibility center, funding (2) SUBMISSION OF CONTRACTS TO ELIGIBLE ‘‘(2) PARTICIPATION BY CERTAIN ORGANIZA- source, position type, position title, pay CHARTERING AUTHORITY.—Section 2204(c)(1)(B) TIONS.—A public charter school may delegate plan, grade, and annual salary; and of such Act (sec. 31–2853.14(c)(1)(B), D.C. to a nonprofit, tax-exempt organization in (2) a compilation of all employees in the Code) is amended— the District of Columbia the public charter District of Columbia public schools and the (A) in the heading, by striking ‘‘AUTHOR- school’s authority under paragraph (1).’’. University of the District of Columbia as of ITY’’ and inserting ‘‘ELIGIBLE CHARTERING AU- SEC. 130. None of the funds appropriated the preceding December 31, verified as to its THORITY’’; under this Act shall be expended for any accuracy in accordance with the functions (B) in clause (i), by striking ‘‘Authority’’ abortion except where the life of the mother that each employee actually performs, by and inserting ‘‘eligible chartering author- would be endangered if the fetus were carried control center, responsibility center, agency ity’’; and to term or where the pregnancy is the result reporting code, program (including funding (C) by amending clause (ii) to read as fol- of an act of rape or incest. source), activity, location for accounting lows: SEC. 131. None of the funds made available purposes, job title, grade and classification, ‘‘(ii) EFFECTIVE DATE OF CONTRACT.—A con- in this Act may be used to implement or en- annual salary, and position control number. tract described in subparagraph (A) shall be- force the Health Care Benefits Expansion (b) SUBMISSION.—The annual report re- come effective on the date that is 10 days Act of 1992 (D.C. Law 9–114; D.C. Code, sec. quired by subsection (a) of this section shall after the date the school makes the submis- 36–1401 et seq.) or to otherwise implement or be submitted to the Congress, the Mayor, the sion under clause (i) with respect to the con- enforce any system of registration of unmar- District of Columbia Council, the Consensus tract, or the effective date specified in the ried, cohabiting couples (whether homo- Commission, and the Authority, not later contract, whichever is later.’’. sexual, heterosexual, or lesbian), including than February 15 of each year. (b) CLARIFICATION OF APPLICATION OF but not limited to registration for the pur- SEC. 134. (a) No later than November 1, SCHOOL REFORM ACT.— pose of extending employment, health, or 2000, or within 30 calendar days after the

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00046 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.001 H26JY0 16470 CONGRESSIONAL RECORD—HOUSE July 26, 2000 date of the enactment of this Act, which ever proval or receipt of a Federal, private, or trict of Columbia or is otherwise designated occurs later, and each succeeding year, the other grant not subject to such paragraph. by the Chief of the Department; (2) at the Superintendent of the District of Columbia (4) QUARTERLY REPORTS.—The Chief Finan- discretion of the Fire Chief, an officer or em- Public Schools and the University of the Dis- cial Officer of the District of Columbia shall ployee of the District of Columbia Fire and trict of Columbia shall submit to the appro- prepare a quarterly report setting forth de- Emergency Medical Services Department priate congressional committees, the Mayor, tailed information regarding all Federal, pri- who resides in the District of Columbia and the District of Columbia Council, the Con- vate, and other grants subject to this sub- is on call 24 hours a day; (3) the Mayor of the sensus Commission, and the District of Co- section. Each such report shall be submitted District of Columbia; and (4) the Chairman of lumbia Financial Responsibility and Man- to the Council of the District of Columbia, the Council of the District of Columbia). agement Assistance Authority, a revised ap- and to the Committees on Appropriations of (b) INVENTORY OF VEHICLES.—The Chief Fi- propriated funds operating budget for the the House of Representatives and the Senate, nancial Officer of the District of Columbia public school system and the University of not later than 15 days after the end of the shall submit, by November 15, 2000, an inven- the District of Columbia for such fiscal year quarter covered by the report. tory, as of September 30, 2000, of all vehicles that is in the total amount of the approved (b) REPORT ON EXPENDITURES BY FINANCIAL owned, leased or operated by the District of appropriation and that realigns budgeted RESPONSIBILITY AND MANAGEMENT ASSIST- Columbia government. The inventory shall data for personal services and other-than- ANCE AUTHORITY.—Not later than 20 calendar include, but not be limited to, the depart- personal services, respectively, with antici- days after the end of each fiscal quarter ment to which the vehicle is assigned; the pated actual expenditures. starting October 1, 2000, the Authority shall year and make of the vehicle; the acquisition (b) The revised budget required by sub- submit a report to the Committees on Appro- date and cost; the general condition of the section (a) of this section shall be submitted priations of the House of Representatives vehicle; annual operating and maintenance in the format of the budget that the Super- and the Senate, the Committee on Govern- costs; current mileage; and whether the vehi- intendent of the District of Columbia Public ment Reform of the House, and the Com- cle is allowed to be taken home by a District Schools and the University of the District of mittee on Governmental Affairs of the Sen- officer or employee and if so, the officer or Columbia submit to the Mayor of the Dis- ate providing an itemized accounting of all employee’s title and resident location. trict of Columbia for inclusion in the May- non-appropriated funds obligated or ex- SEC. 140. (a) SOURCE OF PAYMENT FOR EM- or’s budget submission to the Council of the pended by the Authority for the quarter. The PLOYEES DETAILED WITHIN GOVERNMENT.— District of Columbia pursuant to section 442 report shall include information on the date, For purposes of determining the amount of of the District of Columbia Home Rule Act amount, purpose, and vendor name, and a de- funds expended by any entity within the Dis- (Public Law 93–198; D.C. Code, sec. 47–301). scription of the services or goods provided trict of Columbia government during fiscal SEC. 135. The District of Columbia Finan- with respect to the expenditures of such year 2001 and each succeeding fiscal year, cial Responsibility and Management Assist- funds. any expenditures of the District government ance Authority, acting on behalf of the Dis- SEC. 137. If a department or agency of the attributable to any officer or employee of trict of Columbia Public Schools (DCPS) in government of the District of Columbia is the District government who provides serv- formulating the DCPS budget, the Board of under the administration of a court-ap- ices which are within the authority and ju- Trustees of the University of the District of pointed receiver or other court-appointed of- risdiction of the entity (including any por- Columbia, the Board of Library Trustees, ficial during fiscal year 2001 or any suc- tion of the compensation paid to the officer and the Board of Governors of the University ceeding fiscal year, the receiver or official or employee attributable to the time spent of the District of Columbia School of Law shall prepare and submit to the Mayor, for in providing such services) shall be treated shall vote on and approve the respective an- inclusion in the annual budget of the Dis- as expenditures made from the entity’s budg- nual or revised budgets for such entities be- trict of Columbia for the year, annual esti- et, without regard to whether the officer or fore submission to the Mayor of the District mates of the expenditures and appropriations employee is assigned to the entity or other- of Columbia for inclusion in the Mayor’s necessary for the maintenance and operation wise treated as an officer or employee of the budget submission to the Council of the Dis- of the department or agency. All such esti- entity. trict of Columbia in accordance with section mates shall be forwarded by the Mayor to (b) MODIFICATION OF REDUCTION IN FORCE 442 of the District of Columbia Home Rule the Council, for its action pursuant to sec- PROCEDURES.—The District of Columbia Gov- Act (Public Law 93–198; D.C. Code, sec. 47– tions 446 and 603(c) of the District of Colum- ernment Comprehensive Merit Personnel Act 301), or before submitting their respective bia Home Rule Act, without revision but of 1978 (D.C. Code, sec. 1–601.1 et seq.), is fur- budgets directly to the Council. subject to the Mayor’s recommendations. ther amended in section 2408(a) by striking SEC. 136. (a) ACCEPTANCE AND USE OF Notwithstanding any provision of the Dis- ‘‘2000’’ and inserting, ‘‘2001’’; in subsection GRANTS NOT INCLUDED IN CEILING UNDER ‘‘DI- trict of Columbia Home Rule Act (87 Stat. (b), by striking ‘‘2000’’ and inserting ‘‘2001’’; VISION OF EXPENSES’’.— 774; Public Law 93–198) the Council may com- in subsection (i), by striking ‘‘2000’’ and in- (1) IN GENERAL.—The Mayor, in consulta- ment or make recommendations concerning serting, ‘‘2001’’; and in subsection (k), by tion with the Chief Financial Officer, during such annual estimates but shall have no au- striking ‘‘2000’’ and inserting, ‘‘2001’’. a control year, as defined in section 305(4) of thority under such Act to revise such esti- (c) No officer or employee of the District of the District of Columbia Financial Responsi- mates. Columbia government (including any inde- bility and Management Assistance Act of SEC. 138. (a) Notwithstanding any other pendent agency of the District but excluding 1995 (Public Law 104–8; 109 Stat. 152), may ac- provision of law, rule, or regulation, an em- the District of Columbia Financial Responsi- cept, obligate, and expend Federal, private, ployee of the District of Columbia public bility and Management Assistance Author- and other grants received by the District schools shall be— ity, the Metropolitan Police Department, government that are not reflected in the (1) classified as an Educational Service em- and the Office of the Chief Technology Offi- amounts appropriated in this Act. ployee; cer) may enter into an agreement in excess (2) REQUIREMENT OF CHIEF FINANCIAL OFFI- (2) placed under the personnel authority of of $2,500 for the procurement of goods or CER REPORT AND AUTHORITY APPROVAL.—No the Board of Education; and services on behalf of any entity of the Dis- such Federal, private, or other grant may be (3) subject to all Board of Education rules. trict government until the officer or em- accepted, obligated, or expended pursuant to (b) School-based personnel shall constitute ployee has conducted an analysis of how the paragraph (1) until— a separate competitive area from nonschool- procurement of the goods and services in- (A) the Chief Financial Officer of the Dis- based personnel who shall not compete with volved under the applicable regulations and trict of Columbia submits to the Authority a school-based personnel for retention pur- procedures of the District government would report setting forth detailed information re- poses. differ from the procurement of the goods and garding such grant; and SEC. 139. (a) RESTRICTIONS ON USE OF OFFI- services involved under the Federal supply (B) the Authority has reviewed and ap- CIAL VEHICLES.—Except as otherwise pro- schedule and other applicable regulations proved the acceptance, obligation, and ex- vided in this section, none of the funds made and procedures of the General Services Ad- penditure of such grant in accordance with available by this Act or by any other Act ministration, including an analysis of any review and approval procedures consistent may be used to provide any officer or em- differences in the costs to be incurred and with the provisions of the District of Colum- ployee of the District of Columbia with an the time required to obtain the goods or bia Financial Responsibility and Manage- official vehicle unless the officer or em- services. ment Assistance Act of 1995. ployee uses the vehicle only in the perform- SEC. 141. Notwithstanding any other provi- (3) PROHIBITION ON SPENDING IN ANTICIPA- ance of the officer’s or employee’s official sion of law, not later than 120 days after the TION OF APPROVAL OR RECEIPT.—No amount duties. For purposes of this paragraph, the date that a District of Columbia Public may be obligated or expended from the gen- term ‘‘official duties’’ does not include trav- Schools (DCPS) student is referred for eval- eral fund or other funds of the District gov- el between the officer’s or employee’s resi- uation or assessment— ernment in anticipation of the approval or dence and workplace (except (1) in the case (1) the District of Columbia Board of Edu- receipt of a grant under paragraph (2)(B) of of an officer or employee of the Metropolitan cation or its successor, and DCPS shall as- this subsection or in anticipation of the ap- Police Department who resides in the Dis- sess or evaluate a student who may have a

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00047 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.001 H26JY0 July 26, 2000 CONGRESSIONAL RECORD—HOUSE 16471

disability and who may require special edu- SEC. 146. None of the funds contained in SEC. 149. Subsection 3(e) of Public Law 104– cation services; and this Act may be used by the District of Co- 21 (D.C. Code sec. 7–134.2(e)) is amended to (2) if a student is classified as having a dis- lumbia Corporation Counsel or any other of- read as follows: ability, as defined in section 101(a)(1) of the ficer or entity of the District government to ‘‘(e) INSPECTOR GENERAL AUDIT.—Not later Individuals with Disabilities Education Act provide assistance for any petition drive or than February 1, 2001, and each February 1, (84 Stat. 175; 20 U.S.C. 1401(a)(1)) or in section civil action which seeks to require Congress thereafter, the Inspector General of the Dis- 7(8) of the Rehabilitation Act of 1973 (87 Stat. to provide for voting representation in Con- trict of Columbia shall audit the financial 359; 29 U.S.C. 706(8)), the Board and DCPS gress for the District of Columbia. statements of the District of Columbia High- shall place that student in an appropriate SEC. 147. None of the funds contained in way Trust Fund for the preceding fiscal year program of special education services. this Act may be used to transfer or confine and shall submit to Congress a report on the SEC. 142. (a) COMPLIANCE WITH BUY AMER- inmates classified above the medium secu- results of such audit. Not later than May 31, ICAN ACT.—None of the funds made available rity level, as defined by the Federal Bureau 2001, and each May 31, thereafter, the Inspec- in this Act may be expended by an entity un- of Prisons classification instrument, to the tor General shall examine the statements less the entity agrees that in expending the Northeast Ohio Correctional Center located forecasting the conditions and operations of funds the entity will comply with the Buy in Youngstown, Ohio. the Trust Fund for the next five fiscal years American Act (41 U.S.C. 10a–10c). SEC. 148. (a) Section 202(j) of the District of commencing on the previous October 1 and (b) SENSE OF CONGRESS; REQUIREMENT RE- Columbia Financial Responsibility and Man- shall submit to Congress a report on the re- GARDING NOTICE.— agement Assistance Act of 1995 (sec. 47– sults of such examination.’’. (1) PURCHASE OF AMERICAN-MADE EQUIPMENT 392.2(j), DC Code), as amended by section SEC. 150. None of the Federal funds con- AND PRODUCTS.—In the case of any equipment 148(a) of the District of Columbia Appropria- tained in this Act may be used for any pro- or product that may be authorized to be pur- tions Act, 2000, is amended to read as fol- gram of distributing sterile needles or sy- chased with financial assistance provided lows: ringes for the hypodermic injection of any il- using funds made available in this Act, it is ‘‘(j) RESERVE.— legal drug. the sense of the Congress that entities re- ‘‘(1) IN GENERAL.—Beginning with fiscal AMENDMENT NO. 2 OFFERED BY MR. SOUDER ceiving the assistance should, in expending year 2000, the financial plan or budget sub- Mr. SOUDER. Mr. Chairman, I offer the assistance, purchase only American- mitted pursuant to this Act shall contain made equipment and products to the great- $150,000,000, to remain available until ex- an amendment. est extent practicable. pended, for a reserve to be established by the The CHAIRMAN. The Clerk will des- (2) NOTICE TO RECIPIENTS OF ASSISTANCE.— Mayor, Council of the District of Columbia, ignate the amendment. In providing financial assistance using funds Chief Financial Officer for the District of Co- The text of the amendment is as fol- made available in this Act, the head of each lumbia, and the District of Columbia Finan- lows: agency of the Federal or District of Colum- cial Responsibility and Management Assist- Amendment No. 2 printed in House Report bia government shall provide to each recipi- ance Authority. 106–790 offered by Mr. SOUDER: ent of the assistance a notice describing the ‘‘(2) CONDITIONS ON USE.—The reserve In section 150, strike ‘‘Federal’’. statement made in paragraph (1) by the Con- funds— gress. ‘‘(A) shall only be expended according to The CHAIRMAN. Pursuant to House (c) PROHIBITION OF CONTRACTS WITH PER- criteria established by the Chief Financial Resolution 563, the gentleman from In- SONS FALSELY LABELING PRODUCTS AS MADE Officer and approved by the Mayor, Council diana (Mr. SOUDER) and a Member op- IN AMERICA.—If it has been finally deter- of the District of Columbia, and District of posed each will control 5 minutes. mined by a court or Federal agency that any Columbia Financial Responsibility and Man- The Chair recognizes the gentleman person intentionally affixed a label bearing a agement Assistance Authority; ‘‘Made in America’’ inscription, or any in- from Indiana (Mr. SOUDER). ‘‘(B) shall not be used to fund the agencies scription with the same meaning, to any Mr. SOUDER. Mr. Chairman, I yield of the District of Columbia government product sold in or shipped to the United myself 1 minute. under court ordered receivership; and States that is not made in the United States, ‘‘(C) shall not be used to fund shortfalls in Mr. Chairman, my amendment would the person shall be ineligible to receive any the projected reductions budgeted in the prohibit the use of any funds appro- contract or subcontract made with funds budget proposed by the District of Columbia priated by this bill to finance needle made available in this Act, pursuant to the government for general supply schedule sav- exchange programs in the District of debarment, suspension, and ineligibility pro- ings, management reform savings, and cafe- cedures described in sections 9.400 through Columbia. teria plan savings. 9.409 of title 48, Code of Federal Regulations. The reasoning is simple: Needle ex- ‘‘(3) REPORT REQUIREMENT.—The Authority SEC. 143. None of the funds contained in change programs sanction and facili- this Act may be used for purposes of the an- shall notify the Committees on Appropria- tate the use of the same illegal drugs nual independent audit of the District of Co- tions of the Senate and House of Representa- tives in writing 30 days in advance of any ex- we are spending billions of dollars to lumbia government (including the District of keep off our streets. They send the Columbia Financial Responsibility and Man- penditure of the reserve funds. agement Assistance Authority) for fiscal ‘‘(4) REPLENISHMENT.—Any amount of the wrong message, and it simply does not year 2000 unless— reserve funds which is expended in one fiscal work. (1) the audit is conducted by the Inspector year shall be replenished in the reserve funds This is consistent with the needle ex- General of the District of Columbia pursuant from the following fiscal year appropriations change ban we passed and that was en- to section 208(a)(4) of the District of Colum- to maintain the $150,000,000 balance.’’. acted in the bill last year, and I urge bia Procurement Practices Act of 1985 (D.C. (b) Section 202(k) of such Act (sec. 47– my colleagues to maintain the ban in Code, sec. 1–1182.8(a)(4)); and 392.2(k), DC Code), as amended by section 148(b) of the District of Columbia Appropria- this bill. This amendment restores the (2) the audit includes a comparison of au- exact same language as the amendment dited actual year-end results with the reve- tions Act, 2000, is amended to read as fol- nues submitted in the budget document for lows: that passed last year with 240 votes and such year and the appropriations enacted ‘‘(k) POSITIVE FUND BALANCE.— was signed by the President. into law for such year. ‘‘(1) IN GENERAL.—The District of Columbia Mr. Chairman, I reserve the balance SEC. 144. Nothing in this Act shall be con- shall maintain at the end of a fiscal year an of my time. strued to authorize any office, agency or en- annual positive fund balance in the general Mr. MORAN of Virginia. Mr. Chair- tity to expend funds for programs or func- fund of not less than 4 percent of the pro- man, I am opposed to the amendment. jected general fund expenditures for the fol- tions for which a reorganization plan is re- The CHAIRMAN. The gentleman quired but has not been approved by the Dis- lowing fiscal year. trict of Columbia Financial Responsibility ‘‘(2) EXCESS FUNDS.—Of funds remaining in from Virginia (Mr. MORAN) is recog- and Management Assistance Authority. Ap- excess of the amounts required by paragraph nized for 5 minutes. propriations made by this Act for such pro- (1)— Mr. MORAN of Virginia. Mr. Chair- grams or functions are conditioned only on ‘‘(A) not more than 50 percent may be used man, I yield 2 minutes to the gen- the approval by the Authority of the re- for authorized non-recurring expenses; and tleman from California (Mr. Dixon), quired reorganization plans. ‘‘(B) not less than 50 percent shall be used whose amendment passed in full com- SEC. 145. Notwithstanding any other provi- to reduce the debt of the District of Colum- mittee and whose amendment would be sion of law, rule, or regulation, the evalua- bia.’’. tion process and instruments for evaluating (c) The amendments made by this section negated by this amendment. District of Columbia Public School employ- shall take effect as if included in the enact- Mr. DIXON. Mr. Chairman, I thank ees shall be a non-negotiable item for collec- ment of the District of Columbia Appropria- the gentleman for yielding me this tive bargaining purposes. tions Act, 2000. time.

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00048 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.001 H26JY0 16472 CONGRESSIONAL RECORD—HOUSE July 26, 2000 This amendment clearly illustrates can. We should start by making it That is our drug czar that made that the philosophy of this bill, and that is harder, not easier, to practice this statement. ‘‘do as I say.’’ Let me read to my col- deadly habit. If we want to look at examples where leagues the people that support the This amendment will reaffirm the they have instituted drug and needle needle exchange program. Federal Government’s commitment to exchange programs and see the results, the war on drugs by prohibiting Fed- b 1600 a 1997 Vancouver study reported that eral and District funds from being used their needle exchange program started The American Medical Association, to conduct needle exchange programs in 1988 with HIV prevalence in drug ad- the American Public Health Associa- in the District of Columbia. These pro- dicts at only 1 to 2 percent and now it tion, the United States Conference of grams are harmful to communities and is 23 percent. Mayors. undermine our Nation’s drug control The study found that 40 percent of Let me read to my colleagues what, efforts. the HIV-positive addicts had lent their on March of this year, the Surgeon Drug abuse continues to ravage our used syringes in the previous 6 months. General said. He said that ‘‘after re- communities, our schools, and our chil- Additionally, the study found that 39 viewing all of the research to date, the dren. Heroin use is again on the rise. percent of the HIV-negative addicts senior scientists of the Department and Thousands of children will inject hard- had borrowed a used syringe in the pre- I have unanimously agreed that there core drugs like heroin and cocaine. The vious 6 months. is conclusive scientific evidence that first year, many will die. If we want to see what a liberal pro- syringe exchange programs as part of a Oppose the effort to have needle ex- gram will do to a city, just look to the comprehensive HIV prevention strat- changes. Support the Souder amend- sister city to the north, Baltimore. egy are, in effect, public health inter- ment. With a liberal mayor who adopted a vention that reduces the transmission Mr. MORAN of Virginia. Mr. Chair- liberal policy on needle exchange, ev- of HIV and does not encourage the use man, I yield 1 minute to the very dis- eryone could do it. of illegal drugs.’’ tinguished gentlewoman from Wis- The murder rate is a national dis- Clearly, everyone can see that some consin (Ms. BALDWIN). grace. The addicts, and this informa- Ms. BALDWIN. Mr. Chairman, I rise people are opposed to it notwith- tion was given to our subcommittee by in strong opposition to this amend- standing the facts, and that is the rea- DEA, in 1996 were at 39,000. ment to prohibit the District of Colum- son this amendment is being offered. Recently, a councilwoman, Rickie bia from using any funds, Federal or The American Medical Association Specter, said that the statistics are not says that it has an impact. The Sur- local, for a needle exchange program. The positive effects of needle ex- one in 10 of the city population, accord- geon General has studied this. It is a change are proven. In communities ing to a Time Magazine report in Sep- simple amendment. It is a matter of across the country, needle exchange tember of 1999, but, and these are her simple philosophy. They do not like it. programs have been established and are words, ‘‘it is more like one in eight.’’ What funds are they using? Their contributing to the reduction of HIV So if we want to ruin this city, adopt own funds. Is this some novel idea? transmission among IV drug users. the policy in the bill and defeat the Thirty States have these programs In my hometown of Madison, Wis- amendment. where they use State and local funds, consin, as well as in other Wisconsin Mr. MORAN of Virginia. Mr. Chair- 133 cities. But we come to the floor be- communities, outreach workers and man, I yield myself such time as I may cause we personally do not like it and volunteers go into the community and consume. say to them that they cannot use their provide drug users with risk-reduction Mr. Chairman, drug czar General own funds. education and referrals to drug coun- McCaffrey has never opposed a prohibi- I urge my colleagues to vote no on seling treatment and other medical tion on local jurisdiction’s efforts to this. services. implement a needle exchange program. Mr. SOUDER. Mr. Chairman, I yield Yet Congress continues to ignore the Mr. Chairman, I yield 1 minute to my 1 1 ⁄2 minutes to the distinguished gen- overwhelming scientific evidence show- friend, the honorable gentleman from tleman from Virginia (Mr. GOODLATTE). ing that needle exchange is an effective New York (Mr. HINCHEY). Mr. GOODLATTE. Mr. Chairman, I HIV prevention tool. Mr. HINCHEY. Mr. Chairman, this thank the gentleman from Indiana (Mr. I want to end with a personal note on amendment is an example of the mis- SOUDER) for yielding me the time and this issue. When outreach workers in guided moralism that is so replete in commend him for his effort. my community and in other Wisconsin this District of Columbia appropria- I strongly support his amendment. communities go out to drug abusers tions bill. This is something that would make it and say, I care about whether you live What is at issue here is public health. absolutely clear that the taxpayers’ or die, it brings them into treatment It has been clearly demonstrated that dollars, no matter what taxpayers’ dol- and takes them off their dependency. by providing sterile syringes and nee- lars those might be, cannot be used to Mr. SOUDER. Mr. Chairman, I yield 2 dles to drug addicts, we cut back dra- provide needles to drug addicts to par- minutes to the gentleman from Florida matically on the incidence of HIV and ticipate in an illegal activity. (Mr. MICA), the distinguished chairman AIDS. We should not tell our children do who chairs the Subcommittee on Fifty percent of the AIDS-positive not do drugs on the one hand while giv- Criminal, Justice, Drug Policy and people in the District of Columbia con- ing them free needles to shoot up with Human Resources of the Committee on tracted that condition by using con- on the other. We need a national drug Government Reform. taminated needles. Seventy-five per- control policy which emphasizes edu- Mr. MICA. Mr. Chairman, I do not cent of the women in the District of cation, interdiction, prevention and ask my colleagues to support this Columbia who are HIV-positive got treatment, not subsidies for addicts. amendment. I implore them to support that way as a result of contaminated Providing free hypodermic needles to this amendment. needles. Seventy-five percent of the addicts so that they can continue to in- If we want to listen to people who are children who are HIV-positive in the ject illegal drugs sends a terrible mes- making statements about needle ex- District of Columbia got that way as a sage to our children that Congress has change programs, take the word of our result of contaminated needles. given up on the fight to stop illegal drug czar, this administration’s drug This is a public health issue. My col- drug use and that the Federal Govern- czar, General Barry McCaffrey, who leagues ought to poke their noses out ment implicitly condones this illegal said, ‘‘by handing out needles, we en- of it. Let the District run their own activity. courage drug use. Such a message business. They are condemning people As lawmakers, we have a responsi- would be inconsistent with the tenure to contract HIV and AIDS by proposing bility to rise up and fight against the of our national youth-oriented anti- this amendment if it passes. More peo- use and spread of drugs everywhere we drug campaign.’’ ple will become HIV-positive and more

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00049 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.001 H26JY0 July 26, 2000 CONGRESSIONAL RECORD—HOUSE 16473 people will die of AIDS as a result of most literally bringing sheep to the wolf. The mission among study participants,’’ and con- this amendment if it passes. It should New York Times reported in 1997 that: cluded that the evidence on the whole indi- be defeated. When a storefront is handing out 20,000 sy- cated that programs were ineffective. Mr. SOUDER. Mr. Chairman, I yield ringes a week, suppliers are not far away. Mr. MORAN of Virginia. Mr. Chair- myself the balance of the time. East Villagers who have been trying to re- man, I yield the final one minute to Mr. Chairman, let me make it clear. build a neighborhood devastated by drugs the gentlewoman from the District of There are only two scientific long-term during the 1980s complain that the needle ex- Columbia (Ms. NORTON). change has brought more dealers back to the Ms. NORTON. Mr. Chairman, I thank studies, one in Vancouver and one in streets and more addicts into the halls of the Montreal. In Montreal, the number public housing projects at the corner. the gentleman for yielding me the that contracted the AIDS virus more time. James Curtis, a Columbia University Pro- than doubled; in Vancouver, it was Mr. Chairman, for many of us, this fessor, observed in a New York Times Op Ed higher among participants in the pro- has become an issue laden with emo- that tenant groups around one of New York’s gram. tional content because of its life-or- largest needle exchange programs told him Furthermore, one prominent advo- death consequences so visible where we that the center had become a magnet for deal- cate of the needle exchange program live. ers, and that used needles, syringes and said most needle exchange programs HIV-AIDS has become another bur- crack vials litter their sidewalks. The police do provide a valuable service to users. den of race in our country and in this nothing. They serve as sites of informal and in- majority black and Hispanic city. Needle exchange sites have become, for all creasingly formal organizing and com- Today, the disease is largely a black practical purposes, safe havens for drug users ing together. A user might be able to and brown killer because of contami- to escape law enforcement. The office of the do the networking needed to find good nated needles. The overwhelming ma- DC Police Chief has previously said that its drugs in the half an hour he spends at jority of new cases have been black and policy is to ‘‘look the other way’’ when drug the street-based needle exchange site, Hispanic for years now. HIV-AIDS is addicts approach the Whitman-Walker clinic’s networking that might otherwise have now a racially based public health mobile van unit to receive needles, and other taken half a day. emergency. programs are designated ‘‘police-free zones.’’ This does not help HIV people. This What Congress does on needle ex- The Office of National Drug Control Policy does not help drug addicts. The mer- change is heavily laden with racial concluded that the highest rates of property ciful thing to do, the caring thing to do content. The Congress allows citizen crime in Vancouver were within two blocks of is to help people get off of their addic- localities everywhere else on Earth to the needle exchange. tion, not to fuel their habit by giving do what is safe and what works for them free needles paid for by the tax- NEEDLE EXCHANGE PROGRAMS SEND THE WRONG them. MESSAGE payers either directly or indirectly. The Congress must not condemn Mr. Chairman, we have already appro- This idea that the money is not fun- women, men, and children who live in priated billions of dollars for next year to keep gible is laughable. Either directly or the District to die because they live in drugs off our streets through drug interdiction indirectly, it should not come from the the District. That is what we do if we and law enforcement, including aid to the taxpayers of Indiana or anywhere else wipe out the District needle exchange states and the District of Columbia. We have to fuel people’s drug habits that also program in the city. also appropriated substantial sums to help can lead them to the HIV virus. Mr. MORAN of Virginia. Mr. Chair- those who are addicted to drugs get off and man, I yield such time as she may con- Mr. Chairman, my amendment would pro- stay off through prevention and treatment ef- hibit the use of any of the funds appropriated sume to the gentlewoman from Mary- forts, also including aid to the states and the land (Mrs. MORELLA). by this bill to finance needle exchange pro- District of Columbia. It makes no sense what- grams in the District of Columbia. The rea- Mrs. MORELLA. Mr. Chairman, I soever to turn around in this bill and appro- urge my colleagues to allow the Dis- soning is simple: needle exchange programs priate more funds to directly counter those ef- sanction and facilitate the use of the same ille- trict to make its own decisions on how forts by passing out free needles to addicts, or to best prevent new HIV infection. gal drugs we are spending billions of dollars to to support efforts by the District of Columbia keep off our streets, send the wrong message, Mr. Chairman, I rise in opposition to the (or any state for that matter) to counter the Souder amendment. This amendment will pro- and simply don’t work. It is consistent with the goals of federal policy in these areas. needle exchange ban we passed and that was hibit the use of both federal and local funds for Finally, General McCaffrey also pointed out the City’s needle exchange program to pre- enacted in the bill last year, and I urge my col- that: leagues to maintain the ban in this bill. This vent new HIV infections in injection drug users Needle exchange programs are almost ex- amendment restores the exact language that and their partners. clusively located in disadvantaged, predomi- The District of Columbia has one of the passed last year with 240 votes and was nantly minority, low income neighborhoods. signed by the President. . . . These programs are magnets for all so- highest HIV infection rates in the country. In- travenous drug use is the District’s second NEEDLE EXCHANGE PROMOTES DRUG USE cial ills—pulling in crime, violence, addicts, highest mode of transmission, accounting for Our experience with the needle exchange prostitution, dealers, and gangs and driving over 37 percent of all new AIDS cases. For programs so far has shown us that needle ex- out hope and opportunity. The overwhelming likelihood is that the burdens of any expan- women, where the rate of infection is growing change programs can become havens not sion in needle exchange programs will con- faster than among men, it is the highest mode only for drug use, but also magnets for drug tinue to fall upon those already struggling to of transmission. dealers and networking sites for addicts to get by. Scientific evidence supports the fact that learn where to find more drugs. For example, Just yesterday, we passed the Community needle exchange programs reduce HIV infec- Donald Grovers, who is a prominent advocate Renewal bill, one of the most hopeful and opti- tion and do not contribute to illegal drug use. of needle exchange programs, has said: mistic pieces of legislation we have consid- The American Medical Association, the Amer- Most needle exchange programs provide a ered this Congress. Do we want to turn ican Bar Association, the American Public valuable service to users. . . . They serve as around today and go in the other direction? sites of informal (and increasingly formal) Health Association, the American Academy of organizing and coming together. A user NEEDLE EXCHANGE PROGRAMS DON’T WORK Pediatrics, and the United States Conference might be able to do the networking needed Finally, even if we were to ignore all of that of Mayors all have expressed their support for to find good drugs in the half an hour he and adopt for the purposes of argument the needle exchange, as part of a comprehensive spends at the street-based needle exchange fundamental premises of needle exchange ad- HIV prevention program. Dr. C. Everett Koop, site—networking that might otherwise have vocates, the cold fact of the matter is that nee- former Surgeon General, also expressed sup- taken half a day. dle exchange programs simply don’t work. port for clean needle exchange programs. It’s also a basic economic law that sellers Dr. Fred Payne, medical advisor to the Chil- These are his words, ‘‘Having worked on the go where their customers are, and for a drug dren’s AIDS Fund, found that ‘‘the data from HIV/AIDS epidemic since its emergence in the dealer there can be few targets of opportunity four studies . . . strongly indicate that needle U.S., I . . . express my strong belief that local riper than a needle exchange location. It is al- exchange is ineffective in reducing HIV trans- programs of clean needle exchange can be an

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00050 Fmt 0688 Sfmt 9920 E:\BR00\H26JY0.001 H26JY0 16474 CONGRESSIONAL RECORD—HOUSE July 26, 2000 effective means of preventing the spread of The CHAIRMAN. All time has ex- date of the enactment of this Act for the use the disease without increasing the use of illicit pired. of real property by the District of Columbia drugs.’’ The question is on the amendment government (including any independent Once again, we are engaged in heated de- offered by the gentleman from Indiana agency of the District) which is not being oc- cupied by the District government (including bate over policies that are best left in the (Mr. SOUDER). The question was taken; and the any independent agency of the District) as of hands of the scientific community. We should such date or during the 60-day period which not be politicizing public health decisions. Chairman announced that the noes ap- begins on the date of the enactment of this The District of Columbia has had a local peared to have it. Act. needle exchange program in place since Mr. SOUDER. Mr. Chairman, I object SEC. 152. (a) MANAGEMENT OF EXISTING DIS- 1997. By using its own funds the number of to the vote on the ground that a TRICT GOVERNMENT PROPERTY.—Upon the ex- new HIV/AIDS cases due to intravenous drug quorum is not present and make the piration of the 60–day period that begins on point of order that a quorum is not the date of the enactment of this Act, none uses had fallen more than 65% through 1999. of the funds contained in this Act may be This represents the most significant decline in present. The CHAIRMAN. Pursuant to House used to enter into a lease (or to make rental new AIDS cases, across all transmission cat- payments under such a lease) for the use of egories, over this time period. Resolution 563, further proceedings on real property by the District of Columbia Mr. Chairman, AIDS is the third leading the amendment offered by the gen- government (including any independent cause of death in the District. Without a nee- tleman from Indiana (Mr. SOUDER) will agency of the District) or to purchase real dle exchange program, HIV will spread un- be postponed. property for the use of District of Columbia The point of no quorum is considered government (including any independent checked, and more people will be at risk. Pub- withdrawn. agency of the District) or to manage real lic health decisions should be made by public The Clerk will read. property for the use of the District of Colum- health officials; science should dictate such The Clerk read as follows: bia (including any independent agency of the decisions, not politics. I urge my colleagues District) unless the following conditions are SEC. 151. (a) RESTRICTIONS ON LEASES.— met: allow the District to make its own decisions on Upon the expiration of the 60–day period that (1) The Mayor and Council of the District how best to prevent new HIV infections. Vote begins on the date of the enactment of this of Columbia certify to the Committees on ‘‘no’’ on this amendment. Act, none of the funds contained in this Act Appropriations of the House of Representa- Mr. DAVIS of Illinois. Mr. Chairman, I rise may be used to make rental payments under tives and Senate that existing real property a lease for the use of real property by the today to oppose the Souder amendment and available to the District (whether leased or District of Columbia government (including the bill for several reasons. owned by the District government) is not any independent agency of the District) un- The bill ignores the fact that needle ex- suitable for the purposes intended. less the lease and an abstract of the lease change does not increase drug use. It ignores (2) Notwithstanding any other provisions have been filed (by the District of Columbia of law, there is made available for sale or the fact that society would have fewer individ- or any other party to the lease) with the cen- lease all real property of the District of Co- uals infected with HIV if they used clean nee- tral office of the Deputy Mayor for Economic lumbia that the Mayor from time to time de- dles. Needle exchange programs make nee- Development, in an indexed registry avail- termines is surplus to the needs of the Dis- dles available on a replacement basis only, able for public inspection. trict of Columbia, unless a majority of the and refer participants to drug counseling and (b) ADDITIONAL RESTRICTIONS ON CURRENT LEASES.— members of the Council override the Mayor’s treatment. Numerous studies concluded that determination during the 30-day period needle exchange programs have shown a re- (1) IN GENERAL.—Upon the expiration of the 60–day period that begins on the date of the which begins on the date the determination duction in risk behaviors as high as 80 percent enactment of this Act, in the case of a lease is published. in injecting drug users, with estimates of 30 described in paragraph (3), none for the funds (3) The Mayor and Council implement a percent or greater reduction of HIV. contained in this Act may be used to make program for the periodic survey of all Dis- Mr. Chairman, it has long been known that rental payments under the lease unless the trict property to determine if it is surplus to socioeconomic status impacts not only an indi- lease is included in periodic reports sub- the needs of the District. vidual’s access to and use of health care but mitted by the Mayor and Council of the Dis- (4) The Mayor and Council within 60 days of the date of the enactment of this Act have also the quality and benefits derived from trict of Columbia to the Committees on Ap- propriations of the House of Representatives filed with the Committees on Appropriations health care. Impoverished communities have of the House of Representatives and Senate, higher numbers of homeless individuals. and Senate describing for each such lease the following information: the Committee on Government Reform of Homelessness, in turn, increases risk for HIV (A) The location of the property involved, the House of Representatives, and the Com- due to associated high rates of substance the name of the owners of record according mittee on Governmental Affairs of the Sen- abuse and prostitution. to the land records of the District of Colum- ate a report which provides a comprehensive The Federal Office of Minority Health has bia, the name of the lessors according to the plan for the management of District of Co- determined that increased economic inequality lease, the rate of payment under the lease, lumbia real property assets, and are pro- the period of time covered by the lease, and ceeding with the implementation of the plan. is the driving force behind the rising health (b) TERMINATION OF PROVISIONS.—If the the conditions under which the lease may be disparities among Americans. Today, racial District of Columbia enacts legislation to re- terminated. and ethnic minorities comprise approximately form the practices and procedures governing (B) The extent to which the property is or the entering into of leases for the use of real 27 percent of the U.S. population, but account is not occupied by the District of Columbia property by the District of Columbia govern- for more than 66 percent of the Nation’s new government as of the end of the reporting pe- ment and the disposition of surplus real AIDS cases. riod involved. property of the District government, the pro- Mr. Chairman, last year I said this amend- (C) If the property is not occupied and uti- visions of subsection (a) shall cease to be ef- ment was politically driven, rather than sci- lized by the District government as of the fective upon the effective date of the legisla- entifically based and that still remains true. end of the reporting period involved, a plan tion. This bill whips on the poorest of the poor. This for occupying and utilizing the property (in- SEC. 153. Section 158(b) of Public Law 106– bill puts at risk millions of Americans who cluding construction or renovation work) or 113, approved November 29, 1999 (113 Stat. a status statement regarding any efforts by 1527) is amended to read as follows: might be married or committed to someone the District to terminate or renegotiate the who they may not know is an intravenous drug ‘‘(b) SOURCE OF FUNDS.—An amount not to lease. exceed $5,000,000 from the National Highway user. More importantly, this bill puts children at (2) TIMING OF REPORTS.—The reports de- System funds apportioned to the District of risk. scribed in paragraph (1) shall be submitted Columbia under section 104 of title 23, United Mr. Chairman, in order to stop the spread of for each calendar quarter (beginning with States Code, may be used for purposes of car- HIV and improve the health care of those al- the quarter ending December 31, 2000) not rying out the project under subsection (a).’’ ready infected, prevention and intervention later than 20 days after the end of the quar- POINT OF ORDER programs that are designed to address the ter involved, plus an initial report submitted Mr. PETRI. Mr. Chairman, I raise a not later than 60 days after the date of the specific needs of the population affected must enactment of this Act, which shall provide point of order against section 153 on be supported. The D.C. ‘‘clean’’ needle ex- information as of the date of the enactment the grounds that it is legislation on an change program must be funded. I urge all of this Act. appropriations bill in violation of members to vote against this thoughtless (3) LEASES DESCRIBED.—A lease described in clause 2 of rule XXI of the rules of the amendment. this paragraph is a lease in effect as of the House.

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00051 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.001 H26JY0 July 26, 2000 CONGRESSIONAL RECORD—HOUSE 16475 This provision makes changes to ex- in any of the reports accompanying the Act (1) by redesignating subsections (f) through isting law by earmarking up to $5 mil- and the deadline by which each report must (i) as subsections (g) through (j); and lion of the District of Columbia’s Fed- be submitted, and the District’s Chief Finan- (2) by inserting after subsection (e) the fol- eral highway funds to complete design cial Officer shall provide to the Committees lowing new subsection: on Appropriations of the Senate and the ‘‘(f) TREATMENT AS FEDERAL EMPLOYEES.— and environmental requirements for House of Representatives by the 10th day ‘‘(1) IN GENERAL.—The Trustee and employ- the construction of expanded lane ca- after the end of each quarter a summary list ees of the Trustee who are not covered under pacity for the 14th Street Bridge. This showing each report, the due date and the subsection (e) shall be treated as employees would be an unprecedented earmarking date submitted to the Committees. of the Federal Government solely for pur- of State formula highway funds by the (b) PENALTY.—Any chief financial officer poses of the following provisions of title 5, Congress. who carries out any activity in violation of United States Code: The CHAIRMAN. Does any Member any provision of this Act or any amendment ‘‘(A) Chapter 83 (relating to retirement). made by this Act shall be subject to a civil wish to be heard on the point of order? ‘‘(B) Chapter 84 (relating to the Federal money penalty in accordance with applicable Employees’ Retirement System). The gentleman from Virginia (Mr. District of Columbia law. ‘‘(C) Chapter 87 (relating to life insurance). MORAN) is recognized. SEC. 155. (a) Notwithstanding the provi- ‘‘(D) Chapter 89 (relating to health insur- Mr. MORAN of Virginia. Mr. Chair- sions of the District of Columbia Govern- ance). man, put this language in. We have a ment Comprehensive Merit Personnel Act of ‘‘(2) EFFECTIVE DATES OF COVERAGE.—The desperate situation on the 14th Street 1978 (D.C. Law 2–139; D.C. Code 1–601.1 et effective dates of coverage of the provisions Bridge that is going to be exacerbated seq.), or any other District of Columbia law, of paragraph (1) are as follows: statute, regulation, the provisions of the by construction on the Woodrow Wil- ‘‘(A) In the case of the Trustee and employ- District of Columbia Personnel Manual, or ees of the Office of the Trustee and the Office son Bridge and construction on I–66. the provisions of any collective bargaining Right now, on many days we will see of Adult Probation, August 5, 1997, or the agreement, employees of the District of Co- date of appointment, whichever is later. backups for miles both north and south lumbia government will only receive com- ‘‘(B) In the case of employees of the Office on the GW Parkway. I am sure that pensation for overtime work in excess of 40 of Parole, October 11, 1998, or the date of ap- many of the Members who do live in hours per week (or other applicable tour of pointment, whichever is later. Virginia are acutely aware of this prob- duty) or work actually performed, in accord- ‘‘(C) In the case of employees of the Pre- lem. We need to widen the 14th Street ance with the provisions of the Fair Labor trial Services Agency, January 3, 1999, or the Standards Act, 29 U.S.C. § 201 et seq. date of appointment, whichever is later. Bridge desperately. It should be taken (b) Subsection (a) of this section shall be ‘‘(3) RATE OF CONTRIBUTIONS.—The Trustee care of by the Public Works Com- effective December 27, 1996 in order to ratify mittee. shall make contributions under the provi- and approve the Resolution and Order of the sions referred to in paragraph (1) at the same Now, all this is is money for plan- District of Columbia Financial Responsi- rates applicable to agencies of the Federal ning, design, and construction to widen bility and Management Assistance Author- Government. ity, dated December 27, 1996. the 14th Street Bridge. I can see that ‘‘(4) REGULATIONS.—The Office of Personnel SEC. 156. The proposed budget of the gov- the Public Works Committee wants to Management shall issue such regulations as ernment of the District of Columbia for fis- are necessary to carry out this subsection.’’. retain all of its prerogatives and this is cal year 2002 that is submitted by the Dis- (b) The amendment made by subsection (a) a turf thing, and that is understand- trict to Congress shall specify potential ad- shall take effect as if included in the enact- able. justments that might become necessary in ment of title XI of the Balanced Budget Act What we were trying to do was to the event that the management savings of 1997. help out the District of Columbia so achieved by the District during the year do SEC. 161. It is the sense of Congress that not meet the level of management savings they did not have to take it from their the patients of Saint Elizabeths Hospital and projected by the District under the proposed own transportation money. the taxpayers of the District of Columbia are budget. No good deed generally goes being poorly served by the current facilities SEC. 157. In submitting any document unpunished, and I see this good deed is showing the budget for an office of the Dis- and management of the Hospital. going to be punished. So I understand trict of Columbia government (including an SEC. 162. It is the sense of Congress that the motion of the gentleman from Wis- independent Agency of the District) that the District of Columbia Financial Responsi- consin (Mr. PETRI). There is little we contains a category of activities labeled as bility and Management Assistance Authority can do at this point because, under the ‘‘other’’, ‘‘miscellaneous’’, or a similar gen- should quickly complete the sale of the Franklin School property, a property which parliamentary rules, it is a point of eral, nondescriptive term, the document shall include a description of the types of ac- has been vacant for over 20 years. order. SEC. 163. It is the sense of Congress that At this point I would concede the tivities covered in the category and a de- tailed breakdown of the amount allocated for the District of Columbia government should point of order. each such activity. take all steps necessary to ensure that offi- b 1615 SEC. 158. (a) None of the funds contained in cials of the District government (including this Act may be used to enact or carry out officials of the District of Columbia Finan- The CHAIRMAN. Section 153 of the any law, rule, or regulation to legalize or cial Responsibility and Management Assist- bill proposes directly to amend exist- otherwise reduce penalties associated with ance Authority, independent agencies, ing law. As such, it constitutes legisla- the possession, use, or distribution of any boards, commissions, and corporations of the tion in violation of clause 2(b) of rule schedule I substance under the Controlled government) maintain a fiduciary duty to XXI. The point of order is sustained. Substances Act (21 U.S.C. 802) or any the taxpayers of the District in the adminis- tration of funds under their control. Section 153 is stricken from the bill. tetrahydrocannabinols derivative. SEC. 164. No amounts may be made avail- The Clerk will read. (b) The Legalization of Marijuana for Med- ical Treatment Initiative of 1998, also know able during fiscal year 2001 to the District of The Clerk read as follows: as Initiative 59, approved by the electors of Columbia Health and Hospitals Public Ben- SEC. 154. (a) CERTIFICATION.—None of the the District of Columbia on November 3, efit Corporation (through reprogramming, funds contained in this Act may be used 1998, shall not take effect. transfers, loans, or any other mechanism) after the expiration of the 30-day period that SEC. 159. Notwithstanding any other provi- other than the amounts which are otherwise begins on the date of the enactment of this sion of law, the Mayor of the District of Co- provided for the Corporation in this Act Act to pay the salary of any chief financial lumbia, in consultation with the committee under the heading ‘‘DISTRICT OF COLUMBIA officer of any office of the District of Colum- established under section 603(e)(2)(B) of the HEALTH AND HOSPITALS PUBLIC BENEFIT COR- bia government (including the District of Co- Student Loan Marketing Association Reor- PORATION’’. lumbia Financial Responsibility and Man- ganization Act of 1996 (Public Law 104–208; SEC. 165. (a) For each payment or group of agement Assistance Authority and any inde- 110 Stat. 8009–293, as amended by Public Law payments made by or on behalf of the Dis- pendent agency of the District) who has not 106–113; 113 Stat. 1526), is hereby authorized trict of Columbia Health and Hospitals Pub- filed a certification with the Mayor and the to allocate the District’s limitation amount lic Benefit Corporation, the Chief Financial Chief Financial Officer of the District of Co- of qualified zone academy bonds (established Officer of the District of Columbia shall sign lumbia that the officer understands the du- pursuant to 26 U.S.C. 1397E) among qualified an affidavit certifying that the making of ties and restrictions applicable to the officer zone academies within the District. the payment does not constitute a violation as a result of this Act (and the amendments SEC. 160. (a) Section 11232 of the Balanced of any provision of subchapter III of chapter made by this Act), including any duty to pre- Budget Act of 1997 (sec. 24–1232, DC Code) is 13 of title 31, United States Code, or of any pare a report requested either in the Act or amended— provision of this Act.

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00052 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.001 H26JY0 16476 CONGRESSIONAL RECORD—HOUSE July 26, 2000 (b) More than one payment may be covered they, quote, ‘‘who know the issues best has not, I do not think, been fully stat- by the same affidavit under subsection (a), and all the parties well are prepared to ed, and it needs to be. I believe the date but a single affidavit may not cover more address the necessary clause, giving was July 11 when the Council had its than one week’s worth of payments. great weight to parties in the District meeting. (c) It shall be unlawful for any person to order any other person to sign any affidavit who advocate family planning and reli- At that meeting, an ordinance came required under this section, or for any person gious liberty,’’ end quote. up for consideration requiring placing to provide any signature required under this To make good on his letter, the a mandate compelling employers in the section on such an affidavit by proxy or by mayor publicly announced, on tele- District of Columbia to make one por- machine, computer, or other facsimile de- vision, that he will pocket veto the tion of health insurance coverage be vice. contraception bill and work with the that contraceptives would be covered, SEC. 166. The District of Columbia Health council to produce an acceptable com- that they would be part of the benefit. and Hospitals Public Benefit Corporation promise. The mayor is using a pocket Now, we could have a separate debate, may not obligate or expend any amounts during fiscal year 2001 unless (at the time of veto rather than a veto now not be- we are not going to, but we could have the obligation or expenditure) the Corpora- cause of any reluctance to veto the bill a separate debate about what happens tion certifies that the obligation or expendi- but because he has taken upon himself when you keep putting different man- ture is within the budget authority provided to bring all the parties together to a dates on health insurance. to the Corporation in this Act. solution acceptable to all. No matter how common sense some SEC. 167. Nothing in this Act bars the Dis- Mayor Williams is himself Catholic, particular mandate may seem to some trict of Columbia Corporation Counsel from and he has met with Auxiliary Bishop people, it still drives up the cost. It is reviewing or commenting on briefs in private William Lori. He knows his council, like every time you buy a car, they lawsuits, or from consulting with officials of the District government regarding such law- and his judgment is that a pocket veto say, do you want this option or that suits. is what is appropriate if the point is to option, or anything else that you pur- SEC. 168. (a) Notwithstanding any other reach a solution acceptable to church chase that you have got options, the provision of law, the Health Insurance Cov- and state alike, rather than further po- more options you choose, the higher it erage for Contraceptives Act of 2000 (D.C. larize the parties. The letter from costs. The same thing is true, of Bill 13–399) shall not take effect. Council Chair Cropp and Mayor Wil- course, with health insurance. (b) Nothing in this section may be con- liams to the gentleman from Oklahoma If you require that people cannot buy strued to prevent the Council or Mayor of (Mr. ISTOOK) and the Mayor’s public an- health insurance unless you get it with the District of Columbia from addressing the issue of the provision of contraceptive cov- nouncement that he will pocket veto all these options, then you find that erage by health insurance plans, but it is the the bill as well as assurances of the nobody can buy plain coverage. Just intent of Congress that any legislation en- pocket veto received here in writing to like they could not buy a plain car if acted on such issue should include a ‘‘con- the chairman makes subsection (a) of they had to buy the ones with all the science clause’’ which provides exceptions section 168 moot. What would remain is options with it. Now, that is a separate for religious beliefs and moral convictions. section 168(b). issue because frankly it is not the core AMENDMENT NO. 23 OFFERED BY MS. NORTON This section relating to religious and of the debate but that is where it start- Ms. NORTON. Mr. Chairman, I offer moral concerns more than satisfies the ed. an amendment. issue that has been raised in the Con- They said we want to mandate. We The CHAIRMAN. The Clerk will des- gress. Not to strike section (a) comes want to make sure if you are an em- ignate the amendment. close to an insult to the Mayor and the ployer in the District of Columbia and The text of the amendment is as fol- Council Chair who have given their you are offering health care benefits, lows: word in writing and publicly. In polit- you cannot do it unless you include Amendment No. 23 printed in the CONGRES- ical life, a public man or woman’s word coverage for contraceptives. In the SIONAL RECORD offered by Ms. NORTON: is his or her bond. What D.C. officials process of doing so, there had been a In section 168, strike ‘‘(a)’’ and all that fol- have written and the Mayor has pub- lot of work behind the scenes and a lot lows through ‘‘(b)’’. licly declared concerning a pocket veto of debate and a lot of effort by the D.C. The CHAIRMAN. Pursuant to the surely closes the circle and gives all Council and by people within the com- order of the House today, the gentle- the assurances that out of respect and munity bringing up the issue of a con- woman from the District of Columbia dignity should ever be asked. science clause. (Ms. NORTON) and the gentleman from There is more. As you know, D.C. law The Catholic Church, and entities af- Oklahoma (Mr. ISTOOK) each will con- is not law until it lays over for 30 legis- filiated with it, which has religious be- trol 20 minutes. lative days. That time frame means liefs that are negative toward contra- The Chair recognizes the gentle- that considering the upcoming recess ceptives, at least in the way that many woman from the District of Columbia days, no bill could become law until other people may look at them, but the (Ms. NORTON). sometime in March. To add to that in- Catholic Church is a major employer in Ms. NORTON. Mr. Chairman, I yield surance policy, the Congress can on its the District of Columbia. Georgetown myself such time as I may consume. own, sui sponte, introduce and enact University, the hospital services they I rise to ask that subsection (a) of any bill or amendment concerning the provide, I will mention maybe as part section 168 be stricken as moot. It cer- District, such is your all-consuming of the laundry list later, but the point tainly repeals a section of D.C. law power over the District of Columbia. is they said, ‘‘For us and for other peo- soon to be vetoed locally. The Congress Mayor Anthony Williams and Council ple, you are asking us to be doing like every legislature or law enforce- Chair Linda Cropp and the D.C. City something that is against our beliefs. ment body always prefers to have peo- Council deserve their dignity as grown- You shouldn’t do that.’’ ple act on their own. up public officials with reputations for We have got the first amendment This is what the mayor and the D.C. integrity elected to govern our Na- protecting religion in this country. council have done to extinguish the tion’s capital. I ask you to show them And what happened—and people saw it controversy that arose concerning the the same respect we ourselves would on TV, and they read about it—was council bill to provide contraception as demand. Please strike section 168(a). that a little bit of a fire storm devel- an option in insurance sold in the Dis- Mr. Chairman, I reserve the balance oped because rather than accommo- trict. The council, on its own, came of my time. dating a good faith request for a con- close to adopting a conscience clause Mr. ISTOOK. Mr. Chairman, I yield science clause for people who have a re- but narrowly failed. Now indisputably myself such time as I may consume. ligious or moral problem with pro- the council is ready, willing and able to I am going to have a somewhat mixed viding contraceptives, the D.C. Council act. A joint letter from Mayor Anthony response to the comments by the gen- ran roughshod over them. Not only Williams and Council Chair Linda tlewoman from the District of Colum- that, they conducted a hearing that Cropp to the chairman indicated that bia. What we are talking about here was vitriolic toward people of faith in

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00053 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.001 H26JY0 July 26, 2000 CONGRESSIONAL RECORD—HOUSE 16477 general and the Catholic Church in par- trict of Columbia.’’ They want to make proved their bill July 11. But they defined a ticular. sure that we take action to show which ‘‘religious organization’’ so narrowly that it That did not sit well with this Con- side we are on on this issue. would exclude hospitals, universities, reli- gress. That did not sit well with a If we do not use our opportunity to giously affiliated social service agencies such as Catholic Charities, and even Catholic great many people in the District. That disapprove it, who are we siding with? elementary schools. An organization could did not sit well with people in the The mayor could veto this bill, the bill qualify for exemption only it its ‘‘primary country. So we put in the bill a simple that was passed by the D.C. Council. He purpose’’ is the ‘‘inculcation of religious be- provision under our authority, under could veto it. He has chosen not to do liefs’’—and as a Council member observed, our obligation of article 1, section 8 of so. He has said he will do it with a Catholic schools teach subjects other than the Constitution, to have the legisla- pocket veto in the future. I believe religion. The Council also would have as- tive authority over the District of Co- him. sessed a fine against each religious organiza- lumbia, saying this proposed law, that Nevertheless, right now it is a live tion claiming an exemption; the fine would defray the costs of investigations by the D.C. I believe ultimately was even adopted issue. And since a live issue is before us Insurance Commissioner to ensure that the unanimously by the D.C. Council, this and people in the District government organization is ‘‘reglious enough.’’ Council proposed law shall not take effect, can- knew the basic schedule of when this members who support genuine conscience not do it. And if you come back to fix bill would come to the floor, they could protection rightly declined the offer of ‘‘pro- things, to adopt a conscience clause, have taken action before it got to this tection’’ framed in this way. A vague re- make sure that it covers religious be- point. They have not chosen to do so. quirement to protect only ‘‘religious be- liefs and moral convictions, which is The D.C. Council could have gotten to- liefs,’’ however, may invite renewed mischief the law that is found in the Federal gether and said, we rescind, we take of this kind. Moral Concerns and Abortifacient Drugs. standard that we have adopted, for ex- back what we did. They have not done The D.C. mandate requires coverage of all ample, for the Federal employees that. They have had time to do it. prescription drugs and devices approved by health benefit plan. The Federal stand- They have not done it. People want to the FDA for contraception, including, what ard provides coverage for contracep- know where we stand. I believe that the FDA calls ‘‘postcoital emergency contra- tives but does not mandate that it has we, under the situation as it exists ception.’’ Aside from specifically religious to be done so in violation of a religious now, should not accept this amend- concerns, there is broad agreement that such belief or a moral conviction of the em- ment, we should oppose it, but cer- drugs often work by destroying an early ployer, employee and so forth. So we tainly we look forward to the future human embryo. This raises moral concerns about early abortion which transcend any have got that in there. when the D.C. Council and the mayor particular religion. Congress itself bans fed- The gentlewoman from the District will actually take action, not just say eral funding of experiments that harm or de- of Columbia, however, makes an objec- they are going to do something but will stroy human embryos in the first two weeks tion to the portion, and to her credit actually take action to fix this situa- of life—a sound moral decision based on no she is not asking that we strike the en- tion. one religious belief. Congress should not tire section, she is not asking that and Mr. Chairman, I would like to include a letter deny the same right of morally based deci- nobody should think that she is. She is from the National Conference of Catholic sion making to others. not asking that we strike the section Bishops and printed excerpts from D.C. Coun- Federal Precedent on Rights on Con- that says if they come back and do science. Numerous conscience clauses in fed- cil proceedings on this issue. eral law protect conscientious objection something again, they must provide a NATIONAL CONFERENCE OF based on both religious and moral grounds, conscience clause for religious belief CATHOLIC BISHOPS, in contexts ranging from capital punishment and moral conviction. What she is re- Washington, DC, July 25, 2000. to abortion and sterilization. Many state questing is that we strike the part that To Hon. ERNEST ISTOOK, Jr. laws are similarly broad. These are based on says this proposed law shall not go into DEAR MEMBER OF CONGRESS: As the House a sound understanding that forcing someone effect. of Representatives considers the District of to engage in activity that violates his or her Well, why? Because, she says, having Columbia appropriations bill for Fiscal Year deeply held conscientious beliefs is a viola- been subjected to this fire storm, the 2001, I write to explain the need for strong tion of human rights and an abuse of govern- mayor and the council have learned conscience protection in the bill’s provision ment. Clearly, not all conscientious moral on mandated contraceptive coverage. convictions are based on religious belief. In- and they have made public statements As approved by committee, the bill pre- deed, Congress protects medical residency that they intend to do this and the vents implementation of the D.C. City Coun- programs from being forced to provide abor- mayor has made a public statement, cil’s proposal to force all employers in the tion training regardless of whether their op- indeed he has done so to me in writing, District of Columbia, to buy coverage for a position is morally based, because abortion that he intends to do a pocket veto of broad range of contraceptives and abortifa- is simply not the kind of practice which any- the bill. cient ‘‘morning-after’’ drugs for their em- one should be forced to participate in for any Now, that legislation was passed by ployees. The bill also expresses the intent of reason. Current protections against forced the D.C. Council a couple of weeks ago, Congress that any future D.C. legislation on participation in abortion and sterilization also extend to organizations as well as indi- and he has had an opportunity to veto this issue include a conscience clause that ‘‘provides exceptions for religious beliefs and viduals. To retreat from this tradition now this legislation. He has had the oppor- moral convictions.’’ in favor of narrower and more grudging pro- tunity. He could just take it, write On the House floor there may be an effort tection restricted to religious belief alone veto, and it is vetoed. And then what is to delete or weaken this provision, possibly would send an ominous signal regarding the left for us to do? by deleting conscience protection based on U.S. government’s respect for rights of con- Instead, he said he wants to use a moral convictions. Congress should reject science. procedure that drags it out, that gives such a change. Protecting Individuals’ Conscience Rights. them, I think it is about 10 business We object to a government mandate for By mandating prescription contraceptive days or so, that may ultimately result contraceptive coverage generally. At a time coverage in health plans, the government in- when tens of millions of Americans lack creases the pressure on individual physicians in vetoing that legislation which so even the most basic health coverage, effort and pharmacists in these plans to violate many people find so offensive, but he to mandate elective drugs and devices which their own consciences. Even without a gov- has not done it yet. We are dealing raise serious moral problems and can pose ernment mandate, pharmacists’ careers have with the here and now. We are talking their own health risks are misguided. In ad- been endangered when they refuse on moral about the current circumstances, dition, any such mandate will cause needless grounds to fill prescriptions for abortifacient which is that this provision is alive, injustice if it does not provide full protec- ‘‘emergency contraception’’ (see J. Allen, and people want to look to us and they tion to those who object for reason of con- ‘‘Morning-after pill’’ battles flare: Patients, say, ‘‘We don’t want you to dem- science. This is so for several reasons: doctors, druggists in birth-control tug of Narrow Language Protecting only Church- war,’’ Washington Times, May 27, 1997, p. onstrate the disregard for religious es Is Inadequate. City Council members who A3). In light of such cases, the American convictions and beliefs of people of strongly favor the contraceptive mandate of- Pharmaceutical Association and other orga- faith in this country that was dem- fered a concscience clause protecting only nizations have urged respect for rights of onstrated by the Council in the Dis- ‘‘religious organizations’’ when they ap- ‘‘conscientious refusal’’ which they do not

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00054 Fmt 0688 Sfmt 9920 E:\BR00\H26JY0.001 H26JY0 16478 CONGRESSIONAL RECORD—HOUSE July 26, 2000 confine to religious grounds. Codes of med- do with the separation of church and state. I dicated that the mayor had nothing to ical ethics, as well, generally speak of physi- mean, we’re not imposing our will on any do with the debate in the council, it cians’ right to refuse participation in activi- particular religious organization. Again, the will never be enough for you. ties they find immoral or unethical. The fed- question is to what extent should we accom- You have two more bites at the eral government has already enacted con- modate those religious organizations that apple. Supposedly he is a liar, and that science protection based on both religious seek to profit off of the public in some way.’’ and moral convictions for health care per- is what you called him today. Sup- JIM GRAHAM (WARD 1) posedly he is a liar. You need to have sonnel in health plans providing coverage to ‘‘. . . we are permitting religious prin- federal employees. It should do no less here, a veto. You need to make it almost im- ciples to dictate public health pol- possible for him to bring the sides to- attending as well to employees who could be icy....There is a difference b/n the words forced by government to purchase morally ‘tenets’ and ‘beliefs,’ but it is the same gether by putting a veto in his face. objectionable contraceptive coverage or thing. It’s the same thing. The church will Supposedly he is a liar. forgo prescription drug coverage altogether. now determine, a particular church will now You still have two bites at the apple We believe contraceptive mandates should determine, if, why, whether contraceptives by rubbing the city’s nose in it, time not be imposed on private organizations. But and contraceptive devices will now be avail- and time again. Patience is running if some form of mandate is adopted, effective able. We’re going to turn over the responsi- protection for conscientious objection on out with this body. I resent what the bility for these decisions in effect to the both moral and religious grounds should be gentleman has done, and I want you to pope. . . . Because ROME has determined ensured. know it. that this is against the tenets of the Catho- Sincerely yours, Mr. Chairman, I yield such time as he lic Church and so you’re not going to have Rev. Msgr. DENNIS M. SCHNURR, may consume to the gentleman from access to this of the terms of your health General Secretary. care plan...My problem of surrending de- Virginia (Mr. MORAN). cisions on public health matters to a church Mr. MORAN of Virginia. Madam REMARKS BY DC CITY COUNCIL ON so that religious principles rather than Chairman, perhaps some people take CONTRACEPTIVE COVERAGE sound public policy can determine whether a umbrage at the passion of the gentle- KATHLEEN PATTERSON (WARD 3) contraceptive device is or is not available. woman from the District of Columbia ‘‘It would, in fact, put the District in the . . . The church is homophobic so we have to (Ms. NORTON), but I would expect that role of sanctioning workplace discrimina- say, we respect what are homophobic points any of us if facing the same level of tion....If we approve this amendment, we of view.’’ frustration and unfairness would react are, as a matter of policy, permitting one b 1630 in the same passionate manner. particular large and powerful institution to She is defending, not only her con- between low income District women and Mr. Chairman, I reserve the balance stituents but a process, a democratic comprehensive health care coverage.’’ of my time. process, that she believes in that SHARON AMBROSE (WARD 6) Ms. NORTON. Mr. Chairman, I yield caused all of us to get into public serv- ‘‘If some other religion, let’s say some myself such time as I may consume. ice, and the fact is, she is right, Madam other religion that was not quite so large an Mr. Chairman, I have had it. I have Chairman. The mayor of the District of employer in Ward 5 and in the city in general really had it. Why do you see people go Columbia said he is going to pocket as is the Holy Roman Church. Let us say an- to the gallery, screaming at the top of veto this bill. We have to believe the other religion, Mrs. Allen’s Sunday Morning their lungs, something I do not encour- Worship Service over on K St., SE...what mayor, I cannot believe any of us do if decided it was going to exclude certain em- age now and did not encourage then, it not believe that he is going to do that. ployees of its large church kitchen from cov- has a lot to do with what we have just So if we believe he is going to do that, erage in its plan. Would that be, would that heard. why are we doing this? be OK?’’ A mayor of the District of Columbia He is going to insist that there be a JIM GRAHAM (WARD 1) who has credibility with every Member religious exemption clause. People that ‘‘And you know, I spent years in this city of this body has indicated in writing have moral objections are going to be fighting—and let me mention the Catholic and publicly on television that he will able to raise them. So why are we Church by name—fighting Church dogma in pocket veto a bill, and the reason he is doing this, putting this offensive lan- terms of availability of condoms in this city going to pocket veto the bill is because guage in this bill? Just to show that we which prevented, which prevented us have if he just vetoed it in the face of the are more powerful than them, just to from having an effective program in many council, then it would be hard of him instances for the prevention of the trans- show them. She is right. This is wrong. mission of HIV. Now I see on both of these to bring the Catholic Church, and he is Now, let me also say it is wrong for amendemnts...the standard is religious a Catholic, together with his council. insurance companies to cover viagra belief, religious belief whether it be bona fide He has indicated publicly, this for men and not cover contraception or not. I am very concerned about having re- mayor, who has all the credibility in for women. Let us just tell it like it is. ligious principles impact health the world, that he is going to do what What could be more unfair? All this policy...what does this mean is terms of this chairman has asked him to do. The contraceptive equity provision says is domestic partnership?...Are we going to mayor has asked me to accept the lan- that insurance companies ought to be say that we are going to defer to Rome in guage this chairman has written and fair and start respecting women, when terms of our views on whether domestic this chairman has just gotten up and partners should be covered by insurance contraception is the largest single ex- plans that happen to be operated by religious said that that is not enough. We, in the pense, out-of-pocket expense, for organizations?’’ District, are damned if we do and we women during most of their lives. It DAVID CATANIA (AT-LARGE) are damned if we try to do what we say ought to be covered. ‘‘I mean, so to suggest that the church is do. So it is the right legislation. They somehow unduly burdened in this society by A pocket veto from a mayor who is should have passed this legislation, and this minor provision, I think is trying to do what you say do should be it is also true that most of these absurd...And, I want to associate myself all you need when he has accepted the Catholic institutions are self-insured. very strongly with the comments of Mr. language that we asked him to accept It does not even apply to them. They Graham on other issues, not only with re- and when he is working with his own are self-insured. spect to the teaching of some churches on Catholic Church, and they have agreed Let me also say something else. I cer- gay and lesbian issues, but also the role of to work with him and they have agreed tainly would never say this if my own fighting against the use of contraceptives and role that it has in the spread of HIV, not to come here to ask us to do an- life were different, but having been ...’’ other thing, we ought to declare vic- educated in Catholic schools all my KEVIN CHAVOUS (WARD 7) tory and go home. life, I understand the sense of frustra- I am insulted by the fact that you ‘‘. . . And not necessarily this feeling that tion and disappointment that Council- we should respect the individual religious would not accept my amendment by man Jim Graham expressed on the D.C. doctrine of a certain organization....and how hard my mayor and my city coun- council on this matter. urge my colleagues to act not just on this cil have worked. You have cast asper- He expressed disappointment with nation that we are, and this has nothing to sions on their credibility. You have in- the Catholic church as an institution

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00055 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.001 H26JY0 July 26, 2000 CONGRESSIONAL RECORD—HOUSE 16479 because of its position towards homo- the result of injection drug use by a parent. had under consideration the bill (H.R. sexuality. That is his right. So I do not Why would we pass up the opportunity to 4942) making appropriations for the blame him for that. I know he wishes save a child’s life by shutting down programs government of the District of Columbia he had not said that, but these are de- that work? and other activities chargeable in bates that belonged in the D.C. council. Although AIDs deaths have declined in re- whole or in part against the revenues These are debates and issues that cent years as a result of new treatments and of said District for the fiscal year end- should be settled, should be settled by improved access to care, HIV/AIDS remains ing September 30, 2001, and for other the D.C. government. the leading cause of death among African- purposes, had come to no resolution The Catholic institutions within the Americans aged 25–44 in the District. In spite thereon. D.C. government have plenty of access. of these statistics Republicans have singled f They are well respected, deservedly so. out the District and attempted to shut down MOTION TO GO TO CONFERENCE They contribute tremendous benefits programs that the local community has estab- ON H.R. 4205, FLOYD D. SPENCE to D.C. government and its society. lished to reduce new HIV infections. This Con- NATIONAL DEFENSE AUTHORIZA- They will be fully reflected in the leg- gress should be supporting the decisions that TION ACT FOR FISCAL YEAR 2001 islation that becomes law, and that is local communities make about their health the way it ought to be. We have no care. Giving local control back to the American Mr. SPENCE. Mr. Speaker, by direc- business getting involved in this issue, people has been a major theme of the current tion of the Committee on Armed Serv- particularly when we have no legiti- Congress, and interfering with District self-gov- ices and pursuant to clause 1 of rule mate role to play. ernment is contradictory to that goal. XXII, I offer a privileged motion. The gentlewoman from the District Numerous health organizations including the The SPEAKER pro tempore. The of Columbia (Ms. NORTON) is absolutely American Medical Association, the American Clerk will report the motion. right. The mayor is going to take care Public Health Association, and the National Al- The Clerk read as follows: of that situation. Let him take care of liance of State and Territorial AIDS Directors Mr. SPENCE moves that the House take the situation. He will be held account- have concluded that needle exchange pro- from the Speaker’s table the bill H.R. 4205, able. He should be held accountable. He grams are effective. In addition, at my request with the Senate amendment thereto, dis- is elected. He understands it. He has a the Surgeon General’s office has prepared a agree to the Senate amendment, and agree to the conference requested by the Senate on solution for it, and that is the way it review of all peer-reviewed, scientific studies the disagreeing votes of the two Houses should be, and what we are doing on of needle exchange programs over the past thereon. this floor is not what should be done by two years and they also conclusively found The SPEAKER pro tempore (Mr. this Congress. Madam Chairman, I that needle exchange programs reduce HIV LATOURETTE). The gentleman from gather we are going to continue this transmission and do not increase drug use. South Carolina (Mr. SPENCE) is recog- I also object to the provision in this bill that debate tomorrow. nized for 1 hour. Ms. NORTON. Madam Chairman, I re- prevents the Health Care Benefits Expansion Mr. SPENCE. Mr. Speaker, I yield serve the balance of my time. Act from being implemented. The District myself such time as I may consume. Mr. ISTOOK. Madam Chairman, I passed this legislation eight years ago to allow Mr. Speaker, I look forward to going yield myself such time as I may con- District employees to purchase health insur- to conference with the Senate and sume. ance for a domestic partner, take family and bringing back an agreement that can Madam Chairman, although I think medical leave to care for a partner, and visit be supported by all of my House col- everyone wants to continue the debate a hospitalized partner. This legislation pro- leagues. tomorrow, I do find it necessary to vides basic, fundamental health care rights Mr. Speaker, I yield back the balance take at least 30 seconds, because I that all Americans should enjoy regardless of of my time, and I move the previous think a couple of things need to be sexual orientation. question on the motion. said. Over 3,000 employers around the country, The previous question was ordered. I certainly would not endorse and ex- including hundreds of cities, municipalities, pri- The SPEAKER pro tempore. The tend the attacks on the Catholic vate and public college and universities, have question is on the motion offered by Church or any other church, whether established domestic partnership health pro- the gentleman from South Carolina the gentleman from Virginia (Mr. grams. A list of these firms includes almost a (Mr. SPENCE). MORAN) wishes to do so is his free hundred Fortune 500 companies, including The motion was agreed to. speech right. I fear that he has added some of the biggest, like AT&T, Citigroup, and MOTION TO INSTRUCT CONFEREES OFFERED BY fuel to the fire rather than trying to IBM. These companies understand the bene- MR. TAYLOR OF MISSISSIPPI suppress it. fits of offering these programs in today’s com- Mr. TAYLOR of Mississippi. Mr. In response to the gentlewoman from petitive work environment. Speaker, I offer a motion to instruct the District (Ms. NORTON), I said clear- Cities such as Atlanta, Chicago, Los Ange- conferees. ly, and I will repeat it, the mayor said les, San Francisco, and New York all have do- The Clerk read as follows: in writing to me that he intends to do mestic partnership benefits in place. Congress the pocket veto of the bill, and I be- Mr. TAYLOR moves that the managers on has taken no action to block any of the do- the part of the House at the conference on lieve him. That does not change the mestic partnership benefits provided by hun- the disagreeing votes of the two Houses on fact that it has not been vetoed; it re- dreds of municipalities throughout the nation. the Senate amendment to the bill H.R. 4205 mains a live issue where people expect Gay and Lesbian Americans in the District be instructed to insist upon the provisions this Congress to do something. It is a of Columbia and across the country make sig- contained in section 725, relating to the live issue until such time as the veto nificant contributions to our society and their Medicare subvention project for military re- has indeed occurred. relationships, in the community and in the tirees and dependents, of the House bill. Madam Chairman, I reserve the bal- workplace, should be treated with respect. I The SPEAKER pro tempore. Pursu- ance of my time. urge my colleagues to support the Norton ant to rule XXII, the gentleman from Ms. PELOSI. Madam Chairman, I rise in Amendment. Mississippi (Mr. TAYLOR) and the gen- support of Representative NORTON’s Amend- Mr. ISTOOK. Madam Chairman, I tleman from South Carolina (Mr. ment because I am concerned about several move that the Committee do now rise. SPENCE) each will be recognized for 30 of the provisions in the ‘‘General Provisions’’ The motion was agreed to. minutes. section of this bill. Specifically, I object to dis- Accordingly, the Committee rose; The Chair recognizes the gentleman criminatory riders targeting the District’s les- and the Speaker pro tempore (Mr. from Mississippi (Mr. TAYLOR). bian and gay people, and people living with LATOURETTE) having assumed the Mr. TAYLOR of Mississippi. Mr. HIV/AIDS. chair, Mrs. Morella, Chairman pro tem- Speaker, I yield myself such time as I Approximately half of all new HIV infections pore of the Committee of the Whole may consume. are linked to injection drug use, and three- House on the State of the Union, re- Mr. Speaker, the motion to instruct quarters of new HIV infections in children are ported that that Committee, having conferees would instruct the House

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00056 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.002 H26JY0 16480 CONGRESSIONAL RECORD—HOUSE July 26, 2000 conferees to retain the House-passed Subvention. The House sent a clear sig- man’s motion as a further affirmation provisions of the bill that make Medi- nal that Medicare Subvention should of the bipartisan and bicameral com- care subvention for our Nation’s mili- continue to be available to our Medi- mitment to address the unacceptable tary retirees permanent and nation- care-eligible military retirees and their situation facing our military retirees. wide. families. Expansion of permanent au- Mr. Speaker, I reserve the balance of I think in May when the House voted thority for Medicare Subvention is a my time. on this we finally took a historic step vital step toward fulfillment of the Mr. TAYLOR of Mississippi. Mr. in fulfilling a promise that has been commitment made to our career men Speaker, I yield myself such time as I made by recruiters across our country and women in uniform who were prom- may consume. for decades, those recruiters were wear- ised access to health care services for Mr. Speaker, let me say that I cer- ing the uniforms of the United States life. tainly welcome the support of the gen- of America; they were in Federal build- We made a promise to take care of tleman from South Carolina, a person ings. They promised young, those who served their Nation with dis- who has served our country all the way unsuspecting 17-year-olds, 18-year-olds, tinction for 20 years or more. We must from a paratrooper to the chairman of and 19-year-olds that if they enlisted in keep that promise. The motion to in- the Committee on Armed Services. Mr. Speaker, in the bipartisan spirit our country, if they served their coun- struct conferees to retain the House in which we passed this amendment try honorably for 20 years, they would position will help to ensure access to and hope to keep this amendment in be given lifetime health care in a mili- medical care for Medicare-eligible mili- the bill in the final form, I yield such tary installation. tary retirees. time as he may consume to the gen- Mr. Speaker, as a result of the De- By spreading TRICARE Senior Prime tleman from Maryland (Mr. BARTLETT). fense drawdown and as a result of to military hospitals and making the program permanent, we will begin to Mr. BARTLETT of Maryland. Mr. shrinking Defense budgets, the Depart- Speaker, I am very pleased to rise in ment of Defense was unfortunately left meet our promise. Medicare Sub- vention is an important step toward strong support of the Taylor motion to with no other choice but to start ask- instruct the conferees. ing military retirees who have attained ensuring access to care for retirees and their dependents over the age of 65 who I have seen the recruitment bro- the age of 65 to go out and see a private chures from a number of years ago sector doctor and have Medicare pay live near military facilities. Military retirees and their dependents that par- when those who are now our seniors the bill. were recruited. The recruitment bro- After going to the same hospital ticipate in the program are very satis- fied with the quality of health care chures promised them and their family since they were 18 years old or 19 years they receive. In fact, there are many lifetime care in a military facility. We old, you can imagine how angry they retirees and their family members in have broken that promise, and we are were, because they had kept their the current test areas that have been paying a heavy price for having broken promise to our Nation, and our Nation placed on a waiting list because mili- that promise. did not keep its promise to them. tary treatment facilities cannot take Three of the services are now unable It is said when a politician breaks his more patients at this time. to meet their recruitment goals, and word, shame on him; but when a Nation As I have stated before, this is the that is partly because when prospective breaks its word, shame on all of us. year of military health care. As the enlistees confer with their father or In May, the House took what I ranking member of the House Com- their uncle or their grandfather, they thought was the unprecedented step of mittee on Armed Services, I focused on frequently get the advice that ‘‘I am making lifetime health care for mili- the need to improve access to health not sure that you can believe what tary retirees, for the first time it will care services for men and women in they are telling you, because they did be treated the same as Medicare and uniform, particularly for our Medicare- not keep their promise to me.’’ Medicaid and that that money will be eligible retirees. Retention of We are having problems with reten- there every year and not subject to an TRICARE’s Senior Prime is the first tion for exactly the same reason, be- annual appropriation. important step in meeting our moral cause our young men and women in the Mr. Speaker, I was very pleased to obligation to provide access to quality military are not sure that what we have a number of people helping on health care for our military retirees have now promised them is going to be that, Democrats and Republicans from and their families. there after they retire because we have all parts of our country, in an united Mr. Speaker, I urge my colleagues to broken our promise to their elders. effort that just passed the House by 400 support this motion to instruct offered What Medicare Subvention does is to votes. by the gentleman from Mississippi (Mr. permit our retired military people, who Mr. Speaker, I yield such time as he TAYLOR). either with great difficulty or not at may consume to the gentleman from Mr. SPENCE. Mr. Speaker, I yield all, can now get health care in a mili- Missouri (Mr. SKELTON), one of the myself such time as I may consume. tary facility. For those who have not Members that helped make this pos- Mr. Speaker, the motion by the gen- been in the military or worked for the sible. tleman speaks to a provision that military and lived in a military com- Mr. SKELTON. Mr. Speaker, I thank passed this House by an overwhelming munity, they cannot understand the the gentleman from Mississippi (Mr. vote of 406 to 10 on May 18. I supported sense of community that these people TAYLOR) for granting me this time, and the provision at the time, reflecting have, how important it is that they I urge my colleagues to support the my strong support for addressing the continue to get health care where they motion to instruct conferees that has health care crisis afflicting our over-65 have gotten it all their life, in a mili- been offered by the gentleman. military retiree population. tary facility. The motion directs the House con- Since that vote, the Senate, the We have had a demonstration project ferees to maintain the House position other body, adopted a differing pro- which has been very successful, and in conference on expanding and making posal to accomplish the same objective what the legislation now in conference TRICARE Senior Prime permanent. that in turn will form the basis for ne- does is simply to make this universal gotiating between our two bodies. and permanent. It is the right thing to b 1645 Given the strong support in both do, and the benefits we are going to ac- As you may recall, on May 18 during Chambers for each of these provisions, crue from this are enormous compared consideration of H.R. 4205, the Floyd D. it is clear to me that the conference to the modest cost, because the cost Spence National Defense Authorization will bring back an agreement that goes should be very, very modest, because Act for fiscal year 2001, the House over- a long way toward addressing this le- Medicare Subvention assures that the whelmingly voted 406 to 10 to make gitimate and pressing priority. money is going to be there. permanent TRICARE Senior Prime, Accordingly, I will support and urge What this does is to help us in re- more commonly known as Medicare my colleagues to support the gentle- cruitment and help us in retention.

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00057 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.002 H26JY0 July 26, 2000 CONGRESSIONAL RECORD—HOUSE 16481

Even if there were a meaningful cost, I CUNNINGHAM) for his assistance on this. I want to thank the gentleman from think that that cost should be more As the gentleman pointed out during Mississippi, because I know he has been than justified by the benefits that we the previous debate, he was truly one fighting this issue for a couple of years, are going to have in recruiting and of the founding fathers of the idea of and I was delighted along with other keeping our young people in the mili- subvention. And I do not claim to have Members from the Republican Party as tary. invented it; I just think it is a heck of well as the Democratic Party to be This is the right thing to do. My only a good idea. part of his amendment. regret is that we did not do it years For the public who may not quite un- Mr. Speaker, I have 77,000 retired vet- ago. But we are doing it now. So let us derstand what we are trying to do, we erans in my district. I have about 13,000 make sure that our conferees under- are trying to fulfill the promise of life- retired military retirees. I have three stand that we want them to hold with time health care to our Nation’s mili- military bases: two Marine, Camp the position that we voted so over- tary retirees, a promise made to them. Lejeune and Cherry Point Marine Air whelmingly here in the House. We are trying to do it in a way they are Station; and Seymour Johnson Air Again, I want to thank the gen- comfortable with. They have been Force Base. Since I have been in Con- tleman from Mississippi (Mr. TAYLOR) going to military treatment facilities gress, for approximately 6 years, I can for his commitment to this cause. for most of their lives, and they are tell you from day one, the biggest issue Mr. SPENCE. Mr. Speaker, I yield 2 justifiably angry that upon hitting the has been health care for our veterans minutes to the gentleman from Cali- age of 65 they are being turned away and our military retirees. fornia (Mr. CUNNINGHAM). from those treatment facilities, when I think we have made some great Mr. CUNNINGHAM. Mr. Speaker, the they have been promised they could progress in the last 6 years to speak to promise for veterans health care has use that facility, they and their spouse, this issue, because as has been said by been 58 years, 58 years. The subvention for the rest of their lives. the gentleman from Mississippi (Mr. bill was not written by DUKE It is also something that we did not TAYLOR) and by the gentleman from CUNNINGHAM; it was written by my con- point out in the first debate, but if you stituents in San Diego, California. South Carolina (Chairman SPENCE) and I was the originator of this sub- look on the pay stub of the people who others, the gentleman from California vention bill. Why? Because nothing was serve in our Nation, on their tax form (Mr. CUNNINGHAM) and the gentleman being done for our veterans. TRICARE, they pay into the Medicare Trust from Maryland (Mr. BARTLETT), those if you live in a rural area, is a Band-aid Fund, just like every other American. men and women who have served this and does not serve. Subvention, if you So the question is, should not they be Nation, whether it be wartime or live in a rural area, my bill is a Band- allowed to take that Medicare that peacetime, certain promises were made aid if it is not controlled. they have contributed to and use it in to them, and if you cannot look to I am going to support this. Even the hospital that they wish to go to? your government who made that prom- though it was in my bill, I have con- That is the hospital on a military in- ise to keep that promise, then there is cern. Subvention, TRICARE, FEHBP, stallation. a big problem; and in the eyes of many like civilians have, if you take a civil- Let us give them the choice that of our men and women who have served ian secretary that works alongside a every other American has been having, this Nation, the Government has not major or lieutenant commander, when to go to the private sector. Let us let kept its promise. they retire they get a government them go to the hospital that they want I want to thank again the gentleman health care plan that supplements to go to. We know that we can save from Mississippi (Mr. TAYLOR) and the their Medicare. The military worker money. gentleman from South Carolina (Mr. does not. The Treasury report that came out SPENCE), because we are keeping that There is a board already formed look- just a couple of days ago showed that promise now; and this amendment by ing at what is the most universal way the Nation, despite the talk of unprece- the gentleman from Mississippi (Mr. that we can provide this health care; dented surpluses, really had to borrow TAYLOR) was certainly a great step for- and whatever that is, I would hope that $11 billion from other trust funds thus ward, as it deals with those who are this House and the other body will far this year. There is not a lot of reaching the age of 65. come together to provide whatever is money laying around. But we know Many of our veterans and retirees are needed, whether it is a combination of that with Medicare Subvention, that like all of us, with the better quality of TRICARE, a combination of sub- we can treat these same people for 95 life and health care, we are living to be vention, or FEHBP. I do not feel that cents on the dollar of what we would in the seventies and eighties, and these subvention is an end-all for our vet- have paid a private sector doctor for men and women were made a promise, erans, and I would hope that we come the exact same treatment. So we are and the promise should be kept. together on that. going to let them go to the hospital So I strongly support this motion to I would also tell my colleagues there they want to go to. They have not only instruct conferees as it relates to the was another promise. My colleague, the paid into the system with their taxes, Taylor amendment, because this issue gentleman from California (Mr. FIL- but paid into the system with at least of Medicare Subvention is with us, and NER), is working on it, as I am. A prom- 20 years of dedicated service to their we have to do what is right for those ise was made to our Filipinos in World Nation. They deserve it. men and women who have served this War II on that health care. It has not Mr. Speaker, I yield such time as he Nation. been completed, and I would hope that may consume to the gentleman from Mr. Speaker, as I start closing down this body and the other body would act North Carolina (Mr. JONES). on my comments, it is always brought on that as well. Mr. JONES of North Carolina. Mr. to my attention back home that we Mr. Speaker, I want to commend the Speaker, I thank the gentleman from seem to find the monies to send our gentleman for what he has done. I still Mississippi for yielding time, as I troops to Bosnia, or we seem to find have concern that it may in some way, thank the chairman of the Committee the money to go to Yugoslovia. I think down the line, if we do not come to- on Armed Services. Bosnia and Yugoslovia both have prob- gether, negate what we could do in to- This is an important motion to re- ably cost the American people about 10 tality for our veterans. I would like to commit, to make sure that those who or 11 billion, and yet we have got men work with the gentleman to make sure serve on the conference understand and women who have served this Na- that that comes to fruition. that the House, as the chairman of the tion that do not have adequate health Mr. TAYLOR of Mississippi. Mr. Committee on Armed Services said, al- care. Speaker, I yield myself such time as I most 100 percent said that we want to may consume. make sure that our retirees who are 65 b 1700 Mr. Speaker, I want to thank the years and older will have adequate That is what this bill is doing and gentleman from California (Mr. health care. that is what this amendment by the

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00058 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.002 H26JY0 16482 CONGRESSIONAL RECORD—HOUSE July 26, 2000

gentleman from Mississippi (Mr. TAY- I think, Mr. Speaker, quite frankly, I mate military expenditures and erode LOR) is doing. We are finally saying to am most pleased that in the history of the readiness of our forces. those who have served we are not going this committee we have tried to do So who is benefiting from having a to make them wait any longer. We are things in a bipartisan manner. I am national missile defense system? Ac- going to start addressing this issue of most pleased that we are going to keep cording to The Washington Post, Boe- them having adequate health care and that promise in a bipartisan manner. I ing in 1998 already obtained a 3-year we are going to make sure that they very much welcome the remarks of the contract for $1.6 billion to assemble a have it. chairman of the committee. I very basic system before the President even Mr. Speaker, let me quote Abraham much welcome the remarks of gen- decided to deploy the system. The Post Lincoln because he said it better than tleman from Missouri (Mr. SKELTON), states that TRW has contracts for vir- I could ever say it. He said, ‘‘Let us the ranking member. tually every type of missile defense care for him who shall have borne the Mr. Speaker, I yield 3 minutes to the program. The military industry has the battle and for his widow and his or- gentleman from Ohio (Mr. KUCINICH). most to gain from a national defense phan.’’ Mr. KUCINICH. Mr. Speaker, I thank system. According to The Washington I think that should always be a re- the gentleman from Mississippi (Mr. Post, Lockheed Martin is the major minder to those of us in Congress that TAYLOR) for yielding me this time. contractor on theater missile defense men and women who have served this Mr. Speaker, I rise in opposition. The with its upgraded version of the Pa- Nation in wartime or peacetime, that Congressional Budget Office has esti- triot missile and the Army’s $14 billion we made a promise to give them the mated that this national missile de- Theater High Altitude Area Defense very best of health care and I want to fense system, which is part of this re- system. say to them today that we are taking port, will cost $60 billion to build and Deploying a national missile defense giant steps to keep that promise. deploy. Congress intends to spend $12 system could politically succeed in set- I want to thank the gentleman from billion in the next 6 years. The SDI ting the stage for a worldwide arms Mississippi (Mr. TAYLOR) for his effort. Star Wars system has cost the tax- race and dismantle past arms treaties. I want to thank the chairman of the payer more than $60 billion, and it is The NMD violates the central prin- Committee on Armed Services who has estimated that this system though less ciple of the ABM treaty, which is a ban been fighting to help those men and far-reaching than Star Wars will cost on deployment of strategic missile de- women to have the very best health more. We have spent more than $122 fenses. It will undermine the nuclear care possible. billion on various missile defense sys- nonproliferation treaty. It will frus- I am pleased to support this motion tems. We need to reorganize our prior- trate SALT II and SALT III. It will to instruct. Mr. SPENCE. Mr. Speaker, I yield ities and look at how we could better lead directly to proliferation by the nu- back the balance of my time. use these funds for programs that ben- clear nations. It will lead to transi- Mr. TAYLOR of Mississippi. Mr. efit the poor, seniors, and our Nation’s tions toward nuclear arms by the non- Speaker, I yield myself such time as I children. nuclear nations. It will make the world may consume. Before the decision is made, three less safe. It will lead to the impoverish- Mr. Speaker, the last point I would exo-atmospheric intercept tests have ment of the people of many nations as like to make is that since the passage been scheduled to determine the sys- budgets are refashioned for nuclear of this amendment I have had the op- tem’s success rate and reliability to de- arms expenditures. portunity to visit with the surgeon ploy the system, but one of two tests Mr. TAYLOR of Mississippi. Mr. general of the United States Air Force, failed. The third test failed miserably Speaker, I yield myself such time as I and I had some concerns that quite as well. Three tests cannot define the may consume. possibly the services, if they were not technical readiness of the system and Mr. Speaker, one of the lessons I had in favor of this idea, could administra- serve the basis for deploying a national to teach myself was that almost every tively poison it. missile defense. Member of Congress represents about I asked him, I said if we can find the According to the Union for Con- 600,000 people. Even those people I dis- money for this will he make it work? cerned Scientists, countermeasures agree with, everybody in this floor was I am not smart enough to remember could be deployed more rapidly and elected by a majority of the voters and his exact words, but his sentiments would be available to potential I am going to respect their ability to were that he was extremely excited attackers before the United States say what they want to say. about the idea of being compensated could deploy even the much less capa- I would like to remind the gentleman for taking care of 65 and older retirees, ble first phase of the system. from Ohio (Mr. KUCINICH) that the mat- something that he has been doing basi- A report by the Union of Concerned ter at hand is health care for our Na- cally out of hide. Scientists details how easily counter- tion’s military retirees. This is a mo- The second thing that he was ex- measures could be used against this tion to instruct the conferees to stick tremely excited about is the variety of system and would not have to use new to the House-passed provisions of the health care cases that his doctors will technology or new materials. bill, provisions that I think greatly im- now be able to see and be compensated We are the only superpower in the prove health care for our Nation’s mili- for because, as he said, and I will never world. The deterrent that we currently tary retirees; a much better package say it as well as he did, cardiologists do have is sufficient. We have thousands than the other body. not stay very busy when all they are of missiles on hand that act as a deter- At this moment we are instructing taking care of is 18- and 19- and 20- rent. Any attack by another state our conferees to stick to what I think year-olds; but in order to have them would not be massive and would not be is the better language of the two. It well trained for mobilization, it is im- able to completely destroy our country really has nothing to do with missile portant that some of the older retirees or our nuclear arsenals. So any attack defense. are included in this mix so that those would leave the United States and its Mr. Speaker, again, it is always to be people can hone their skills that they Armed Forces intact. a position to be envied when one has are going to need in the event of a na- Our deterrent is impaired only if an- their chairman and ranking member tional emergency. other state had enough missiles to with them and most of their sub- So for so many reasons, I think this knock off ours before they launched. committee chairmen with them. is a good idea for our Nation. Number The national missile defense system Mr. Speaker, I yield back the balance one, it is the right thing to do. We are will simply line the pockets of weapons of my time. going to keep our promise to those peo- contractors, spending billions of dol- The SPEAKER pro tempore (Mr. ple who kept their promise to us. lars for a system that does not work LATOURETTE). Without objection, the Number two, we are going to do it in and does not protect against real previous question is ordered on the mo- a fiscally responsible manner. threats. We will undermine our legiti- tion to instruct.

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00059 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.002 H26JY0 July 26, 2000 CONGRESSIONAL RECORD—HOUSE 16483

There was no objection. partment employees were recently now because of the inaction of the AL GORE The SPEAKER pro tempore. The charged by the Department of Justice and Education Secretary Riley? question is on the motion to instruct with involvement in this scandal, and For example, in one academic year alone, offered by the gentleman from Mis- as many as four other Department em- $177 million dollars in Pell Grants were im- sissippi (Mr. TAYLOR). ployees remain under investigation. properly awarded, and the Department forgave The question was taken; and the In 1998, the Department could not almost $77 million in student loans for bor- Speaker pro tempore announced that even audit its books, they were so rowers who falsely claimed to be either per- the ayes appeared to have it. badly managed. In 1999 when they did manently disabled or dead. Mr. OLVER. Mr. Speaker, on that I audit their books, they got a D minus. The Department of Education also maintains demand the yeas and nays. Republicans have a different idea. We a ‘‘grantback’’ account which at one time con- The yeas and nays were ordered. want to get dollars to the classroom tained $750 million. Not surprisingly for an The SPEAKER pro tempore. Pursu- and out of that bureaucracy over there. agency that cannot pass a basic audit, most of ant to clause 8 of rule XX, further pro- Mr. Speaker, unbeknownst to all but Belt- this money didn’t really belong there. So far, ceedings on this question are post- way bureaucrats and a handful of reform the Department has been unable to explain poned. minded Members of Congress, the U.S. De- exactly where the money came from, where it went, or why it came and went. f partment of Education has failed its last two fi- nancial audits. Is a clean audit an unreasonable goal for a TWENTY-FIRST ANNUAL REPORT The nationally known and respected ac- federal agency? Bureaucrats would have you OF FEDERAL LABOR RELATIONS counting firm Ernst and Young has attempted, believe it is, but we all know it isn’t. In fact, AUTHORITY FOR FISCAL YEAR for fiscal years 1998 and 1999, to determine businesses large and small comply with this 1999 if the Department of Education has spent the simple measure of fiscal responsibility every The SPEAKER pro tempore laid be- money sent to it by Congress appropriately day. Any business owner will tell you the im- fore the House the following message and lawfully. portance of a clean audit to maintain the con- from the President of the United The sad truth is, we just don’t know. The fidence of investors and customers and to pre- States; which was read and, together Department’s books were unauditable for FY vent waste, fraud and abuse. The Department has failed to address its fi- with the accompanying papers, without 1998. This means the auditors couldn’t even nancial management for eight years running. objection, referred to the Committee form an opinion on the state of the Depart- Inaction has consequences and our children on Government Reform. ment’s books, let alone say whether those are paying the price. Fortunately, Republicans To the Congress of the United States: books were balanced and accurate. have responded to this inexcusable waste of In accordance with section 701 of the In FY 1999, the Department received a hard-earned taxpayer money devoted to sup- Civil Service Reform Act of 1978 (Pub- grade equivalent of a D¥. This means the port the education of American children. We lic Law 95–454; 5 U.S.C. 7104(e)), I have auditors could put the books together into have held numerous oversight hearings, con- the pleasure of transmitting to you the some sort of coherence, but not well enough tinue a rigorous investigation and passed a bill Twenty-first Annual Report of the Fed- to give the Department a passing grade in Ac- requiring a comprehensive fraud audit of the eral Labor Relations Authority for Fis- counting 101. Department by the General Accounting Office. cal Year 1999. According to the auditors, if a private com- We know what needs to be done. Until it is, The report includes information on pany received the same results the Depart- the taxpayers’ investment in the education of the cases heard and decisions rendered ment did on its FY 1999 audit, its stock would American school children will not reap any- by the Federal Labor Relations Au- plummet. A real life example of this is Micro- thing close to maximum return. thority, the General Counsel of the Au- Strategy, whose stock, on the day a critical f thority, and the Federal Service Im- and unfavorable audit was announced, fell passes Panel. 62% and unleashed a slew of investor law- OMISSION FROM THE CONGRES- WILLIAM J. CLINTON. suits. SIONAL RECORD OF TUESDAY, THE WHITE HOUSE, July 26, 2000. Sadly, no one really knows when the De- JULY 25, 2000 AT PAGE H–6853 f partment will be able to receive a clean audit. (The following addition to the state- So, Mr. Speaker, what does this really mean EDUCATION DEPARTMENT’S MIS- ment of the gentleman from Wisconsin to taxpayers—parents—and children? A few MANAGEMENT OF TAXPAYERS’ (Mr. RYAN) was omitted from the CON- recent incidents illustrate the effects of this fi- MONEY GRESSIONAL RECORD of Tuesday, July nancial mis-management. 25, 2000 at page H6853.) (Mr. SCHAFFER asked and was given A Department of Education contract em- Mr. Speaker, H.R. 4924, the ‘‘Truth in permission to address the House for 1 ployee pleaded guilty to participating in a Regulating Act of 2000,’’ is a bi-par- minute and to revise and extend his re- scheme to defraud the Department of more tisan, good government bill. It estab- marks.) than one million dollars in equipment and false lishes a regulatory analysis function Mr. SCHAFFER. Mr. Speaker, I am overtime. Illegally procured equipment in- within the General Accounting Office here on a personal crusade. I came to cluded a 61 inch TV, digital cameras, and (GAO). This function is intended to en- Congress because I have got five chil- Gateway computers for the personal use of hance Congressional responsibility for dren and I care about their school. Department employees and their families. regulatory decisions developed under They are getting ready to go back to However, that’s not all. Among the fraudu- the laws Congress enacts. It is the school in August. lent overtime claims was a trip to Baltimore to product of the leadership over the last A couple of things disturb me, Mr. pick-up crab-cakes for another Department few years by Small Business Sub- Speaker. The Department of Education employee. committee Chairwoman on Regulatory contract employees, some of them, Two more Department employees were re- Reform and Paperwork Reduction, Sue pleaded guilty to participating in a cently charged by the Department of Justice Kelly. scheme to defraud the Department of with involvement with this scandal, and as The most basic reason for supporting more than $1 million in equipment and many as four other Department employees re- this bill is Constitutional: Just as Con- false overtime. They illegally procured main under investigation. gress needs a Congressional Budget Of- equipment, including a 61-inch tele- Earlier this year, 39 students were incor- fice (CBO) to check and balance the ex- vision set, digital cameras, and Gate- rectly notified by the Department that they had ecutive Branch in the budget process, way computers for the personal use of won the prestigious Jacob Javits scholarships. so it needs an analytic capability to Department employees and their fami- The cost of the mistake? Nearly $4 million dol- check and balance the Executive lies. lars. Branch in the regulatory process. GAO That is not all. Another fraudulent The theft ring and mis-identified students is a logical location since it already overtime claim includes a trip to Balti- may only be the tip of the iceberg. Who knows has some regulatory review respon- more to pick up crab cakes for another what other kinds of waste, fraud, abuse and sibilities under the Congressional Re- Department employee. Two more De- mismanagement might be taking place right view Act (CRA).

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00060 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.002 H26JY0 16484 CONGRESSIONAL RECORD—HOUSE July 26, 2000 Article I, Section 1 of the U.S. Con- During the 106th Congress, the Gov- ly permits GAO to assist Congress in submit- stitution vests all legislative powers in ernment Reform Committee did not ting timely comments on proposed regulations the U.S. Congress. While Congress may hold a hearing specifically on H.R. 4924 during the public comment period, H.R. 4744 not delegate its legislative functions, but the Subcommittee on National would require GAO to provide such assist- it routinely authorizes Executive Economic Growth, Natural Resources, ance. This was a critical improvement, be- Branch agencies to issue rules that im- and Regulatory Affairs did hold a June cause it is only by commenting on proposed plement laws passed by Congress. Con- 14th hearing, entitled ‘‘Does Congress rules during the public comment period that gress has become increasingly con- Delegate Too Much Power to Agencies Congress has any real opportunity to influence cerned about its responsibility to over- and What Should be Done About It?’’ the cost, scope, and content of regulation. In see agency rulemaking, especially due At the hearing, Senator SAM addition, unlike the Senate bill, H.R. 4744 to the extensive costs and impacts of BROWNBACK and Representative J.D. would require GAO to review not only the Federal rules. HAYWORTH testified that Congress agency’s data but also the public’s data to as- During the 105th congress, the House needs to assume more responsibility sure a more balanced evaluation, analyze not Government Reform Subcommittee on for regulations. Dr. Wendy Lee Gramm, only rules costing $100 million or more but National Economic Growth, Natural Director, Regulatory Studies Program, also rules with a significant impact on small Resources, and Regulatory Affairs, Mercatus Center, George Mason Uni- businesses, and examine whether alternatives chaired by David McIntosh, held a versity and former Administrator of not considered by the agencies might achieve hearing on Mrs. Kelly’s earlier regu- the Office of Information and Regu- the same goal in a more cost-effective manner latory analysis bill (H.R. 1704), which latory Affairs (OIRA) in the Office of or with greater net benefits. sought to establish a new, freestanding Management and Budget (OMB); Alan On June 29th, the Government Reform Congressional agency. The Sub- Raul, partner, Sidley & Austin and committee then marked up and re- Committee favorably reported H.R. 4744, with former OMB General Counsel; and ported her bill (H. Rept. 105–441, Part a thorough discussion of issues in its accom- David Schoenbrod, Professor of Law, 2). H.R. 1704 called for the establish- panying report (H. Rept. 106–772). New York Law School and Adjunct ment of a new Legislative Branch Con- H.R. 4924, introduced July 24th, includes Scholar, Cato Institute, all affirmed gressional Office of Regulatory Anal- only two—or, more accurately, one and a that Congress needs to conduct more ysis (CORA) to analyze all major rules half—of H.R. 4744’s improvements to S. 1198: oversight of regulations, especially and report to Congress on potential (a) inclusion, within the scope of GAO’s pur- regulatory proposals lacking an ex- costs, benefits, and alternative ap- view, of agency rules with a significant impact plicit delegation of authority from proaches that could achieve the same on small businesses; and (b) a directive to Congress. regulatory goals at lower costs. This GAO to submit its independent evaluation of Witnesses discussed the need for a agency was intended to aid Congress in proposed rules within the public comment pe- CORA function that would assist Con- analyzing Federal regulations. The riod, albeit only when doing so is ‘‘prac- gress in assuming more responsibility Committee Report stated, ‘‘Congress ticable.’’ House Report 106–772 explains the for agency rules, which now impose needs the expertise that CORA would basis for these improvements. Nonetheless, I over $700 billion in annual off-budget provide to carry out its duty under the am deeply disappointed that we could not per- costs on the American people. Wit- CRA. Currently, Congress does not suade the Honorable gentleman from Cali- nesses stressed the need for analytical have the information it needs to care- fornia that timely comments on proposed rules assistance so that Congress could espe- fully evaluate regulations. The only are better than untimely or late comments. cially provide timely comment on pro- analysis it has to rely on are those pro- But, I understand that, in politics, half a loaf— posed rules, while there is still an op- vided by the agencies which promul- or, in this case, a fraction of a loaf—may still portunity to influence the cost, scope gate the rules. There is no official, be better than none. H.R. 4924 is, in my judg- and content of the final agency action. third-party analysis of new regula- ment, inferior to H.R. 4744, which is itself a Witnesses stated that a regulatory tions’’ (p. 5). watered down version of the complete reform analysis function should: (a) take into Unfortunately, CORA supporters in needed to implement Congress’ Constitutional account Congressional legislative in- the 105th Congress could not overcome responsibility for regulatory oversight. But, it is tent; (b) examine other, less costly reg- the resistance of the defenders of the a step in the right direction. And, it will give re- ulatory and nonregulatory alternative regulatory status quo. Opponents ar- formers something to build upon in the next approaches besides those in an agency gued against creating a new Congres- Congress. sional agency on the basis of fiscal con- proposal; and (c) identify additional, H.R. 4924 is truly a modest proposal. It servatism. By this logic, Congress non-agency sources of data on benefits, does not require or expect GAO to conduct ought to abolish CBO, as an even more costs, and impacts of an agency’s pro- any new Regulatory Impact Analyses (RIAs), heroic demonstration of fiscal conserv- posal. atism in action. Of course, most of us Dr. Gramm testified that, ‘‘there’s cost-benefit analyses, or other impact anal- recognize that dismantling CBO, how- clearly a need for more and better yses. However, GAO’s independent evaluation ever penny wise, would be pound fool- analysis that is independent of the should lead the agencies to prepare any miss- ish. agency writing the regulation . . . In ing cost/benefit, small business impact, fed- In the 106th Congress, Government my view, Congress cannot carry out its eralism impact, or any other missing analysis. Reform Subcommittee Chairman David responsibilities effectively without For example, after the McIntosh Sub- McIntosh and Small Business Sub- such analysis.’’ She continued by rec- committee insisted that the Department of committee Chairwoman Sue Kelly, ommending, ‘‘a shadow OIRA, and that Labor prepare a missing RIA for its Birth and seeking to accommodate the prejudice is to perform independent, high-quality Adoption Unemployment Compensation against a freestanding agency, intro- analysis of agency regulations at the (‘‘Baby UI’’) proposed rule, Labor finally pre- duced bills (H.R. 3521 and H.R. 3669, re- proposal stage . . . whether or not the pared one. spectively) to establish a CORA func- agency has considered the different al- Unfortunately, H.R. 4924 excludes from tion within GAO, which is an existing ternatives, what might be other alter- GAO’s purview major rules promulgated by Legislative Branch agency. McIntosh natives . . . I would suggest that all the independent regulatory agencies, such as and Kelly introduced their bills in Jan- this analysis be done at the proposal the Federal Communications Commission, the uary and February 2000. On May 10th, stage so that this information can be Federal Trade Commission, and the Securities the Senate passed its own regulatory put into the rulemaking record.’’ and Exchange Commission, which regulate analysis legislation, S. 1198, the ‘‘Truth On June 26th, Chairwoman Kelly and Chair- major sectors of the U.S. economy. Since the in Regulating Act of 2000,’’ by unani- man McIntosh introduced H.R. 4744, which analyses accompanying rules issued by the mous consent. Like the McIntosh and made several needed improvements to the independent regulatory agencies are often in- Kelly bills, the Senate legislation Senate-passed S. 1198, along the lines sug- complete or inadequate, this omission is unfor- would also establish a regulatory anal- gested by the witnesses at the June 14th tunate and makes the bill less useful than ei- ysis function within GAO. hearing. For example, whereas S. 1198 mere- ther S. 1198 or H.R. 4744.

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00061 Fmt 0688 Sfmt 9920 E:\BR00\H26JY0.002 H26JY0 July 26, 2000 CONGRESSIONAL RECORD—HOUSE 16485 Here’s how H.R. 4924 works. The Chairman regulatory alternatives, is to examine non- what they are interested in raising and or Ranking Member of a Committee of juris- agency (i.e., ‘‘public’’) data and analyses. It is not be tied as closely to particular diction may request that GAO submit an inde- for that reason that, under H.R. 4744, GAO commodities by the design of the farm pendent evaluation to the Committee on a would be required to consult the public’s data bill itself. major proposed rule during the public com- in the course of evaluating agency rules. Al- Unfortunately, the Freedom to Farm ment period or on a major final rule within 180 though H.R. 4924 does not require GAO to re- Act has become a freedom to fail act, days. GAO’s analysis shall include an evalua- view public data, neither does it forbid or pre- and we have farmers that are exiting tion of the potential benefits of the rule, the clude GAO from doing so. I bring this up, be- from farming at a record rate. We have potential costs of the rule, alternative ap- cause some hope that H.R. 4924 implicitly prices for commodities in this country proaches in the rulemaking record, and the contains a gag order, forbidding GAO to con- that have dropped to levels that are as various impact analyses. sult any analyses or data except those sup- low as they have been in 100 years, if Congress currently has two opportunities to plied by the agency to be reviewed. This read- we adjust for inflation. We constantly review agency regulatory actions. Under the ing of H.R. 4924 would defeat the whole pur- hear about the plight of those who Administrative Procedure Act (APA), Congress pose of the bill, which is to enable Congress were producing oil and now we have can comment on agency proposed and interim to comment knowledgeably about agency gasoline at $1.50 to $1.75 a gallon rules during the public comment period. The rules from the standpoint of a truly inde- throughout the country. APA’s fairness provisions require that all pendent evaluation of those rules. Well, if farmers had seen their prices members of the public, including Congress, be Instructed by GAO’s independent evalua- go up without any adjustment for in- given an equal opportunity to comment. Late tions, Congress will be better equipped to re- flation, they at least would be paying Congressional comments cannot be consid- view final agency rules under the CRA. More $2.50 for corn, $3.00 for wheat, and high- ered by the agency unless all other late public importantly, Congress will be better equipped er amounts for other products. Trag- comments are equally considered. Agencies to submit timely and knowledgeable comments ically, in the United States, in the can ignore comments filed by Congress after on proposed rules during the public comment midst of a very robust and healthy and the end of the public comment period, as the period. I say this, notwithstanding the words growing economy, one sector of the Department of Labor did after its proposed ‘‘where practicable,’’ which some CORA foes American economy that is hurting se- ‘‘Baby UI’’ rule. Therefore, since GAO cannot hope will ensure that all GAO analyses of pro- verely is agriculture. So I am pleased be given more time than other members of the posed rules are untimely and, therefore, to announce that today I have joined public to comment, GAO should complete its worthless. I am confident that, despite the with my colleague, the gentleman from review of agency regulatory proposals during ‘‘where practicable’’ language, GAO will want North Dakota (Mr. POMEROY), and we public comment period. to please rather than annoy its customers and have introduced legislation that is the Under the CRA, Congress can disapprove employers, and will not fail to help Members of Family Farm Safety Net Act of 2000. an agency final rule after it is promulgated but Congress submit timely comments on regu- The purpose of this legislation is to before it is effective. Unfortunately, Congress latory proposals. provide an outline or guide to the type has been unable to fully carry out its responsi- Thus, even though a far cry from the origi- of prices that are necessary in order to bility under the CRA because it has neither all nal idea of an independent CORA agency, enable a farm to survive in the United of the information it needs to carefully evalu- and although inferior to the Kelly-McIntosh bill States. ate agency regulatory proposals nor sufficient reported by the Government Reform Com- Since 1996, we can see what has hap- staff for this function. In fact, since the March mittee, H.R. 4924 will increase the trans- pened to the prices for corn, wheat and 1996 enactment of the CRA, there has been parency of important regulatory decisions, pro- soybeans. Prices have dropped precipi- no completed Congressional resolutions of mote effective Congressional oversight, and tously. In 1996, corn was at $2.71 a bush- disapproval. increase the accountability of Congress. The el. Here we are in the summer of the In recent years, various statutes (such as best government is a government accountable year 2000, corn is roughly half that the Unfunded Mandates Reform Act of 1995 to the people. For America to have an ac- price at most of the elevators in the and the Small Business Regulatory Enforce- countable regulatory system, the people’s Midwest. ment Fairness Act of 1996) and executive or- elected representatives must participate in, b 1715 ders (such as President Reagan’s 1981 Exec- and take responsibility for, the rules promul- utive Order 12291, ‘‘Federal Regulation,’’ and gated under the laws Congress passes. H.R. The drop in the price of wheat has President Clinton’s 1993 Executive Order 4924 is a meaningful step towards Congress’s not been quite as dramatic, but it still 12866, ‘‘Regulatory Planning and Review’’) meeting its regulatory oversight responsibility. has come down by roughly $1.80 a bush- el, and the price for a bushel of soy- have mandated that Executive Branch agen- f cies conduct extensive regulatory analyses, beans has come down by about $2.50 a especially for economically significant rules SPECIAL ORDERS bushel. having a $100 million-or-more effect on the The SPEAKER pro tempore. Under This certainly is not success in terms economy or a significant impact on small busi- the Speaker’s announced policy of Jan- of agricultural policy. nesses. Congress, however, does not have uary 6, 1999, and under a previous order In terms of flexibility, we also have a the analytical capability to independently and of the House, the following Members very frustrating situation. This chart fairly evaluate these analyses. will be recognized for 5 minutes each. shows what has happened in terms of To assume oversight responsibility for Fed- f the planting of wheat compared to the eral regulations, Congress needs to be armed planting of soybeans. Soybeans, ac- with an independent evaluation. What is need- FARM ECONOMY IN THE UNITED cording to agricultural economists, are ed is an analysis of legislative history to see STATES favored by the current situation. if there is a non-delegation problem, such as The SPEAKER pro tempore. Under a Wheat, by comparison, is not as advan- in the Food and Drug Administration’s pro- previous order of the House, the gen- tageous to raise. So as a consequence, posed rule to regulate tobacco products, which tleman from Minnesota (Mr. MINGE) is we have seen the acreage of wheat, it was struck down by the Supreme Court in recognized for 5 minutes. has been reduced by thousands of acres, FDA v. Brown & Williamson, or backdoor leg- Mr. MINGE. Mr. Speaker, I rise this and at the same time, the planting of islating, such as in the Department of Labor’s afternoon to address this Chamber on soybeans has gone up by about a cor- ‘‘Baby UI’’ rule, which provides paid family the topic of the farm economy in the responding amount. leave to small business employees, even United States and the agricultural Mr. Speaker, we need to reestablish though Congress in the Family and Medical policies that we have adopted in Con- parity among the various crops. One Leave Act said no to paid family leave and gress. way to do this is to take the loan rate any coverage of small businesses. The 1996 farm bill, generally called for the marketing loans and harmonize Sometimes the quickest (or only) way to find the Freedom to Farm Act, has been ef- the loan rates so that the loan rates for out that an agency has ignored Congressional fective in one respect, and that is it soybeans, for corn, for wheat, barley intent or failed to consider less costly or non- has given farmers flexibility to plant and other crops are neutral, and at the

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00062 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.002 H26JY0 16486 CONGRESSIONAL RECORD—HOUSE July 26, 2000 same time, have the loan rates pegged death sentence is the only appropriate they have never taken an education at a level where America’s farmers can punishment. Those who oppose the course. If they could do this, there cover most of the costs of their oper- death penalty should ask themselves, would be no teacher shortage in this ation. So as a consequence, our pro- would they oppose it if their daughter country. There are hundreds of thou- posal is to increase the loan rate for or wife or sister was brutally raped as sands of experienced, well-trained, corn as an example, to $2.43 a bushel; her three small children watched and well-educated people with degrees and the loan rate on soybeans to $5.50 a then all were strangled to death, an ac- even graduate degrees who have not bushel; to extend the period of the mar- tual case. taken education courses, but who could keting loan to 20 months; and to in- The media does a great job gaining and would make great teachers, if only clude payment limitations, so that this sympathy for those who are about to be government regulations would give farm program does not enrich those put to death. I wish they would do just them the freedom and opportunity to that are farming tens of thousands of as good a job describing the sickening do so. acres, but instead, focuses its benefits details of the murders that have been f committed, even if almost shockingly, and its attention on those farmers that HIV/AIDS, THE WORLD’S a prosecutor can get a rare, unusual are moderate size, family farming oper- DEADLIEST DISEASE ations. jury to return a death sentence, the Mr. Speaker, I submit that this is the trial judge sits as the 13th juror and The SPEAKER pro tempore. Under a track that we need to take if we are must later approve the verdict or grant previous order of the House, the gen- going to get American agriculture back a new trial or sometimes a lesser sen- tleman from Maryland (Mr. CUMMINGS) on course, and I urge my colleagues to tence. Following the trial judge, both is recognized for 5 minutes. join with the gentleman from North State and Federal appellate courts re- Mr. CUMMINGS. Mr. Speaker, today I rise to discuss one of the most chal- Dakota (Mr. POMEROY) and myself on view the case. Usually at least 30 or 40 this legislation. judges review a death sentence before lenging and life-threatening public health issues facing the global commu- f it is carried out, and many of these judges are philosophically opposed to nity, HIV infection and AIDS. I will TOPICS OF NATIONAL INTEREST the death penalty. There seems to be a also highlight significant actions our The SPEAKER pro tempore (Mr. real drum beat in the media to do away government and fellow Americans have LATOURETTE). Under a previous order with capital punishment. taken to combat this threat. of the House, the gentleman from Ten- I urge my colleagues and others to HIV/AIDS is now the world’s dead- liest disease with more than 40 million nessee (Mr. DUNCAN) is recognized for 5 look very closely at this before they persons infected worldwide. Not sur- minutes. jump on this particular band wagon. prisingly, the pandemic affects the Mr. DUNCAN. Mr. Speaker, I rise to- SHORTAGE OF TEACHERS IN AMERICA most vulnerable citizens of our global night to speak on two unrelated, but Mr. DUNCAN. Secondly, Mr. Speak- community. In fact, nearly 95 percent very important topics of national in- er, another important, but unrelated terest. of infected persons live in the devel- issue of national concern is the im- oping countries, with sub-Saharan Af- CAPITAL PUNISHMENT pending teacher shortage. This is a rica being the hardest hit of any other Mr. DUNCAN. Mr. Speaker, first, I very artificial, political government- 1 region in the world. spent 7 ⁄2 years before coming to Con- produced shortage. It has come about The statistics are startling. New HIV gress as a criminal court judge, trying only because the teachers’ unions and infections in Africa have numbered felony criminal cases. I tried several colleges of education want to dras- more than 1.4 million each year since death penalty cases, and I think I am tically restrict and limit and control 1991. That is an average of more than the only Member of this Congress who the number of people allowed to teach 3,800 new HIV/AIDS infections per day. has sentenced anyone to the electric in the Nation’s public schools. Nearly 6,000 will die within this same chair. If a person with a Ph.D. and 30 years time frame. Mr. Speaker, 23.3 million It is almost impossible, Mr. Speaker, of experience, say a chemist, wanted to adults and children are infected with to get a jury to return a death sentence teach after working for years for the the HIV virus in the region, which has today. Despite polls showing very high Government, he cannot do so under the about 10 percent of the world’s popu- support for capital punishment, it is rules in most States today. If a small lation, but nearly 70 percent of the one thing to favor the death penalty, college went under and a professor with worldwide total of infected people. but a much more difficult thing to ac- 25 years of teaching experience, let us Life expectancy in these nations has tually impose it. It is so difficult, in say a professor of English, wanted to been reduced by the disease to between fact, that most prosecutors will not move to a public school, he could not 22 and 40 years. Some sub-Saharan Af- even ask for a death sentence except in do so in most States today. If a very rican countries could lose as much as a the most gruesome, horrible cases; and successful businessman wanted to third of their adult population by 2010, that is the main point I wish to make teach for a few years as a way to con- and 16 African countries have an HIV today, that juries return death sen- tribute back to society, he could not do infection rate of more than 10 percent. tences only in extremely brutal, ter- so today, despite all of his great wealth South Africa is 20 percent, Zimbabwe rible crimes. and success and experience. Why? Be- and Swaziland are at 25 percent; and in In fact, it has been the law in this cause they would not have the required Botswana, which has the highest infec- country for many years that an ordi- degrees in education. tion rate in the region, 36 percent of nary, simple murder, if there is such a So school boards are restricted to adults are HIV infected. thing, with nothing more, is not a cap- hiring 22-year-olds with no experience When I hear these daunting statis- ital case. To have a case justifying the because they have taken a few edu- tics, I am reminded of a quote by John death penalty, there must be aggra- cation courses over people with Ph.D.s F. Kennedy. He said, ‘‘Mankind must vating circumstances that outweigh and great experience and success and put an end to war, or war will put an any mitigating factors, anything sym- knowledge who have not had the edu- end to mankind.’’ HIV/AIDS and its pathetic in favor of the defendant. cation courses. This makes no sense at death toll have declared war on our hu- There have to be multiple crimes or all at any time, but it is crazy in a manity. We must fight back. All sec- killings, circumstances that make the time when there is or is about to be a tors and all spheres of society have to case especially heinous. teacher shortage. School boards should be involved as equal partners in fight- I do not think a death sentence is ap- never hire an unqualified teacher, but ing this assault. The health sector can- propriate except in 1 in 1 million very they should be given the flexibility and not meet this challenge on its own, nor rare, very unusual kinds of cases. But I freedom and power to hire people who can one government or nation. It is im- do believe that there are cases which have great knowledge or experience or perative that we have a collective glob- are so gruesome, so horrendous that a success in a particular field, even if al effort.

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00063 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.002 H26JY0 July 26, 2000 CONGRESSIONAL RECORD—HOUSE 16487 Although I do believe we can do today to reflect on how far we as a Na- under law. It is well documented the more, I am proud to say that the exec- tion have come since that summer day severe social, vocational, economic, utive and legislative branches of our 10 years ago when I was honored to be and educational disadvantages of peo- government, as well as the private sec- an original cosponsor of the Americans ple with disabilities. tor, have taken significant steps in With Disabilities Act. Besides widespread discrimination in that direction. Earlier this month, the Today, I joined another President employment, housing and public ac- U.S. Export-Import Bank extended up and disability advocates at the F.D.R. commodations, education, transpor- to $1 billion in financing to 24 sub-Sa- Memorial, President Franklin Delano tation, communication, recreation, I haran African countries to buy anti- Roosevelt Memorial, to commemorate could go on, institutionalization, AIDS drugs. The financing will be com- this landmark law. health services, voting, and access to bined with a $500 million commitment I want to discuss a little bit what has public services, people with disabilities from the World Bank to help these happened in the decade since its enact- faced the additional burden of having countries purchase reduced-priced ment, but I would like to recognize for little or no legal recourse to redress drugs, buy medical equipment, and de- about 40 seconds the distinguished gen- their exclusion. velop specialized health services. tleman from Pennsylvania (Mr. Mr. Speaker, over the past decade, More recently, the gentlewoman GEKAS), who would like to make a com- ADA has become a symbol of the prom- from California (Ms. LEE), along with ment. ise of human and civil rights. It has the gentlewoman from California (Ms. Mr. GEKAS. Mr. Speaker, I join with brought change and access to the ar- WATERS), the gentleman from Florida the gentlewoman in the celebration of chitectural and telecommunications (Mr. HASTINGS), and the gentleman the moment of the 10 years of good landscape of the United States. It has from Illinois (Mr. JACKSON), and the times spent in developing the Ameri- created increased recognition and un- Congressional Black Caucus success- cans With Disabilities Act. I was on the derstanding of the manner in which the fully offered an amendment adding $42 committee, as I still am, on the Com- physical and social environment can million to the Infectious Disease Ac- mittee on the Judiciary, when we had pose discriminatory barriers to people count for international HIV/AIDS fund- the first hearing; and one of the prin- with disabilities. I want to point out that we have been ing in the House-passed version of the cipal witnesses, some may remember, making some strides. My Sub- fiscal year 2001 Foreign Operations Ap- was Attorney General, then Attorney committee on Technology passed and propriations Act. The amendment in- General Dick Thornberg in the Bush allows Congress significant assistive creased this important funding for HIV/ administration, speaking for the Bush technology which was included in the AIDS to the President’s original budg- administration, endorsing the Ameri- budget. Just last week, a commission et request of $244 million, which is $190 cans With Disabilities Act, and bring- on the advancement of women, minori- million over current-year funding. ing into play not only his personal and Additionally, during the 13th Inter- ties, and persons with disabilities in professional endorsement of it for the national Annual AIDS Conference in science, engineering, and technology Bush administration, but also because Durban, South Africa this month, the established under my legislation in the he himself as a father has undergone Bill and Melinda Gates Foundation an- last Congress did a roll-out of their rec- problems in the family with people nounced a round of grants amounting ommendations. We are hoping to pull with disabilities. to $100 million to prevent AIDS in together a public-private partnership So we had a merging, during that mothers and children, assist AIDS or- so that we can give more access and op- committee, of all of the elements that phans, and relieve suffering in dying portunity to persons with disabilities. patients. Of this funding, a $50 million are necessary to make the Americans ADA is not self-acting in ensuring its grant will go to Botswana, the country With Disabilities Act work, namely, provisions are fully enforced. in sub-Sahara with the highest HIV in- that the administration, whatever ad- The Federal Government commit- fection rate. That will be matched ministration it is, always is behind it; ment to the full implementation of mostly through drug donations by the number two, that spokesmen for the ADA and its effective enforcement is U.S. Merck Pharmaceutical Corpora- administration now and in the future essential to fulfill the law’s promises. tion. will be developing programs with the Although this country has consistently When the history of this war is writ- Americans With Disabilities Act; and, asserted its strong support for the civil ten, it will record the collective efforts third, to recognize that members of our rights of people with disabilities, many of societies. Future generations will own families and neighbors and friends of the Federal agencies charged with judge us on the adequacy of our re- are all subject to the benefits of the enforcement and policy development sponse. I commend the Ex-Im Bank, Americans With Disabilities Act. under ADA, to varying degrees, have my colleagues in this House, and the I thank the gentlewoman. been overly cautious, reactive and Bill and Melinda Gates Foundation for b 1730 lacking any coherent and unifying na- their compassion and foresight in ad- tional strategy. Mrs. MORELLA. Yes, Mr. Speaker, in dressing this issue. Enforcement efforts are largely the decade since its enactment, the f shaped by a case-by-case approach ADA has changed the social fabric of based on individual complaints rather TENTH ANNIVERSARY OF THE our Nation. It has brought the prin- than an approach based on compliance AMERICANS WITH DISABILITIES ciple of disability civil rights into the monitoring and a cohesive, proactive ACT mainstream of public policy. In fact, enforcement strategy. The SPEAKER pro tempore. Under a the law, coupled with the disability In addition, enforcement agencies previous order of the House, the gentle- rights movement, has fundamentally have not consistently taken leadership woman from Maryland (Mrs. MORELLA) changed the way Americans perceive roles in clarifying frontier or emergent is recognized for 5 minutes. disability. issues, issues that, even after nearly 10 Mrs. MORELLA. Mr. Speaker, I am ADA placed disability discrimination years of enforcement, continue to be pleased to comment this evening to alongside race gender discrimination, controversial, complex, unexpected, this body on the 10th anniversary of and exposed the common experiences of and challenging. the Americans With Disabilities Act. prejudice and segregation, and provided Mr. Speaker, for ADA to be effective, I want to make a quote: ‘‘I now lift a cornerstone for the elimination of this needs to be changed. my pen to sign the Americans With disability discrimination in this coun- There is something ADA cannot leg- Disabilities Act and say, let the shame- try. islate, and that is attitude. There is a ful wall of exclusion finally come tum- The passage of ADA resulted from a saying with the disability community: bling down.’’ long struggle by Americans with dis- ‘‘Attitude is the real disability.’’ The That was spoken by President Bush abilities to bring an end to their infe- attitude toward employment of people on July 26, 1990. Mr. Speaker, I rise rior status and unequal protection with disabilities has to change.

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00064 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.002 H26JY0 16488 CONGRESSIONAL RECORD—HOUSE July 26, 2000 In closing, President Bush said it Gordon worked closely with Congress coverage for seniors under Medicare as best at the signing of the ADA. He said, and the House Permanent Select Com- a top priority for us before we leave ‘‘This Act is powerful in its simplicity. mittee on Intelligence to improve U.S. session this year. Time is running out. It will ensure that people with disabil- intelligence capability and to safe- We have the best economy in a gen- ities are given the basic guarantees for guard sensitive national security infor- eration. We have budget surpluses that which they have worked so long and so mation. we are deciding how to use and how to hard. Independence, freedom of choice, General Gordon brought a singular invest. I cannot think of a more impor- control of their lives, the opportunity sense of purpose to the Deputy Direc- tant issue than investing in the future to blend fully and equally into the tor’s job that was highly valued by health and well-being of older Ameri- right mosaic of the American main- those inside and outside the intel- cans and families all across the United stream.’’ Let us remember that. ligence community. States. I would like to point out, despite the I have been coming to the floor of the f fact that he does not have a back- House on a regular basis to speak out CONGRATULATIONS ON THE RE- ground in intelligence, John Gordon and to share stories of constituents of TIREMENT OF GENERAL JOHN would have made a great case officer. mine, family members, older Ameri- GORDON, USAF Last year he took time to sit down cans who have been calling me and The SPEAKER pro tempore (Mr. with a group of high school students writing me. LATOURETTE). Under a previous order from my district, some of the top stu- I set up a hotline back in August of of the House, the gentleman from Flor- dents in southwest Florida. After he last year and have set up something ida (Mr. GOSS) is recognized for 5 min- spoke to them, several were ready to called the Prescription Drug Fairness utes. sign up for a career in the U.S. intel- Campaign, whereby I have been asking Mr. GOSS. Mr. Speaker, I rise today ligence community; and this comes in people to share with me their stories, to recognize an outstanding American an era where many gifted students are what is really happening in their lives who has faithfully served our country leaving school early to earn a fortune as it relates to the issue of their medi- for the past 32 years, General John A. in a new digital economy. I think Gen- cations and the high costs of prescrip- Gordon. eral Gordon has another career out tion drugs. I have been overwhelmed General Gordon, who retired from the there as a recruiter for Intelligence if with the letters and the phone calls Air Force earlier this month, was he wants it. that we have received. awarded two commendations this From this gentleman’s perspective, it I want one more time to be reading a morning in a ceremony at the George was a pleasure to work with General letter this evening on the floor of this Bush Center for Intelligence. George Gordon while he wore the uniform of House from one of my constituents in Tenet, Director of Central Intelligence, the United States Air Force. I am sure Michigan. This is a letter from Mr. awarded him the National Intelligence he will bring the same diligence and James Schlieger from Flint, Michigan. Distinguished Service Medal; and Gen- professionalism and integrity to his He writes to me: ‘‘My wife Joan has Alzheimer’s Disease. In 1999, my out-of- eral Michael Ryan, Air Force Chief of first civilian job as the Under Sec- pocket payment for preparations was Staff, awarded him the Air Force Dis- retary of Energy for Nuclear Security $3,020.43. Our other medical expenses tinguished Service Medal. and the first administrator for the Na- were $3,909.79. Our Social Security in- John Gordon’s Air Force career tional Nuclear Security Administra- come is $20,252. This leaves us little began in 1968, and his early assign- tion. As we all know, our nuclear se- over $13,000 to pay our property taxes, ments were in the highly scientific crets and weapons abilities will be utility bills, food, and gasoline and all areas of weapons research, develop- more secure, and needs to be more se- of our other expenses. Bottom line, ment and acquisition. He went on to cure in places like Los Alamos, with there is nothing left to enjoy the Gold- serve as a long-range planner at the John Gordon as their steward. We look forward to his taking up the reins. en Years. With my wife’s condition, in Strategic Air Command. He was then On behalf of the members of the a few years, we will have depleted our assigned as a politico-military affairs House Permanent Select Committee on savings, then we will have to become officer at the Department of State. He Intelligence, I would like to thank dependent on government care. Please returned to the real Air Force as com- General John Gordon for his con- help us. James Schlieger from Flint, mander of the 90th Strategic Missile tinuing service to our Nation. I wish Michigan.’’ Wing. John and his wife, Marilyn, and their I think we need to help Mr. General Gordon also served our coun- daughter, Jennifer, all the best for Schlieger. We need to make sure that try as a staff officer with the National their future. I offer sincere gratitude our seniors are not using all of their Security Council and in several senior for the family sacrifices I know have savings to pay for the cost of the Department of Defense planning and been made to allow General Gordon to health care that they are supposed to policy-making positions. commit so much time and energy to be receiving under Medicare. Joining the intelligence community distinguish himself in critical 7-day-a- This Sunday is the 35th anniversary late in his career, General Gordon was week, 24-hour-a-day top-level jobs that of the day that the Medicare legisla- first appointed as associate director of he has done so well. That is a great tion was signed. At the time it was set Central Intelligence for Military Sup- contribution to our country. It de- up, it covered the way health care was port back in 1996. Following that as- serves to be recognized. provided. The promise was there that, signment, he was named Deputy Direc- f once an American reached the age of 65 tor of Central Intelligence, the second- or was disabled, they knew that there highest ranking intelligence officer in PRESCRIPTION DRUG COVERAGE would be health care available to them. the United States, a position he held FOR SENIORS TOP PRIORITY The difficulties that we have now is with great distinction from October of The SPEAKER pro tempore. Under a that health care has changed. The way 1997 through June of this year. previous order of the House, the gentle- we treat people has changed. Instead of His tenure came at a time when the woman from Michigan (Ms. STABENOW) it being in the hospital and with oper- intelligence community was rebuilding is recognized for 5 minutes. ations and inpatient prescription in response to new threats to the Ms. STABENOW. Mr. Speaker, I ap- drugs, we are now in a situation where United States national security that preciate the opportunity to rise today the majority of care is outpatient, is have emerged since the end of the Cold and have an opportunity to speak home health care. It almost always in- War, things we know as transnational about an issue that I have come to the volves prescription drugs. So Medicare threats, terrorism, weapons prolifera- floor very frequently to speak about simply needs to be modernized to cover tion, weapons of mass destruction pro- for many, many months now. the way health care is provided today. liferation, illegal arms sales, narcotics, I am asking my colleagues to make There are others who are talking those types of things. As DDCI, General sure that we place prescription drug about privatizing. There are others

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00065 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.002 H26JY0 July 26, 2000 CONGRESSIONAL RECORD—HOUSE 16489 talking about other kinds of ap- This would have been the first step ENSURING A COMPETITIVE proaches. I would urge my colleagues toward returning to the terrible com- AIRLINE INDUSTRY to simply look at a system that the mercial exploitation of whales of the The SPEAKER pro tempore (Mr. seniors of our country know and trust. 19th century. In the papers filed with LATOURETTE). Under a previous order It has worked. It just needs to be up- NOAA by the Makah Tribe, the tribe of the House, the gentleman from Min- dated. If we cannot do that now with refused to deny that this was a move nesota (Mr. OBERSTAR) is recognized for the best economy in a generation, with toward renewal of commercial whaling. 5 minutes. budget surpluses and the ability to Mr. OBERSTAR. Mr. Speaker, I am take a small percentage and invest b 1745 deeply troubled over the possibility of that back into Medicare to lower the mergers of major domestic airlines. It is important to understand that cost of prescription drugs, I do not be- Many observers have predicted that if the International Whaling Commission lieve we ever will. the proposed merger of United Airlines has never sanctioned the Makah whale So I call on my colleagues one more and US Airways is allowed to proceed, hunt. Under the International Whaling time. Let us not let one more senior sit it will be followed by mergers of other Convention, of which the United States down at breakfast in the morning and major carriers, and soon we will have is a signatory, it has been legal to hunt decide, do I eat today or do I pay for an industry dominated by three mega- whales for scientific or aboriginal sub- my medications? That is a choice that carriers. This would be devastating to sistence purposes only. The tribe clear- older Americans should not have to consumers. make. ly has no nutritional need nor subsist- The father of deregulation, Alfred I am going to do everything in my ence need to kill the whales. Kahn, observed ‘‘Because of the United- power to fight on behalf of the seniors Even in the face of the strong Inter- US Airways threatening to set off a se- of Michigan, to make sure that we national Whaling Commission’s opposi- ries of imitative mergers that would modernize Medicare for prescription tion to the original Makah proposal in substantially increase the concentra- drugs. 1997, the U.S. delegation unbelievably tion of the domestic industry, there is ignored years of U.S. opposition to f a possible jeopardy here to the many whale killing and cut a sleazy deal billions of dollars that consumers have WHALE KILLING ENDS FOR with the Russian government in a been saving each year because of the MAKAH INDIAN TRIBE back-door effort to find a way to grant competition set off by deregulation.’’ The SPEAKER pro tempore. Under a the Makah’s the right to kill whales. I am strongly opposed to the United- previous order of the House, the gen- The agreement was to allow the US merger and other mergers that tleman from Washington (Mr. Makah Tribe to kill four of the whales likely will follow. I have asked the De- METCALF) is recognized for 5 minutes. from the Russian quota each year partment of Justice and Transpor- Mr. METCALF. Mr. Speaker, the under the artificial construction of cul- tation to use all available authority to Makah Indian Tribe in Washington tural subsistence. Before this shameful stop the mergers under the antitrust State has been granted special permis- back-door deal, the United States had laws, and many Members have indi- sion by the Clinton-Gore administra- led the opposition worldwide to any cated they share those concerns. tion to kill four gray whales each year. whale killing not based on true subsist- At hearings held in several House and They have already killed one whale and ence need. Cultural subsistence is a Senate committees there was little injured at least one. By the way, for fraud. It is a slippery slope to disaster. support for the United-US merger. every whale killed, there is an average Cultural subsistence would have ex- Members raised concerns about the im- of two that are injured and get away. panded whale hunting to any nation pact of the merger on service to the But last year, I filed an appeal along with an ocean coastline and any his- areas they represent as well as to the with several co-plaintiffs to overturn tory of whale killing. The whaling in- Nation at large. As one Member in our the decision made by the U.S. District terests in Norway and Japan, who still hearing in our Committee on Transpor- Court to allow whaling by the Makah occasionally pirate whales on the high tation and Infrastructure observed, ‘‘I Indian Tribe. Two months ago, a three- seas, were delighted with the U.S. posi- don’t think the merger is a win-win for judge panel from the 9th Circuit Court tion. They have orchestrated and fi- the consumer. As a matter of fact, it handed down a decision in that case. nanced an international cultural sub- might be a lose-lose look for the con- The decision specifically confirmed my sistence movement. America’s histor- sumer.’’ A number of Members ex- position. We won. Whale killing was ical role as a foe of renewed whaling pressed the sentiment that if Congress ended. The only way the Clinton-Gore around the world would have been dras- were to vote on the proposed United- administration would be able to gain tically undercut. US merger, it would fail. approval for this whale hunt now would The treaty signed by the Makah I hope and expect that the Depart- be to blatantly violate the Federal en- Tribe in 1855 only gives them the right ment of Justice will heed those strong- vironmental protections law. to hunt whales in common with the ly-held views. At the same time, how- In fact, the court specifically asked, citizens. This provision was to ensure ever, I believe we have to begin think- and I quote from the decision language, equal rights, not special rights. Now, ing about steps we would take to pro- ‘‘Can the Federal Defendants now be under the 9th Circuit Court ruling, the tect consumers if competition in the trusted to take the clear-eyed hard Makah Tribal Government will not be industry is reduced to a point where it look at the whaling proposal’s con- allowed to kill whales when it is illegal is no longer an affective check on mo- sequences required by law, or will a for anyone else in the United States to nopolistic behavior. I must emphasize new (Environmental Assessment) be a do so. that this type of legislation is not my classic Wonderland case of first-the- It is shameful that the Clinton-Gore preference. I would greatly prefer an verdict, then-the-trial?’’ administration supported a proposal environment in which consumers are Alice in Wonderland, indeed. How- that flies in the face of the values, in- protected by adequate competition in a ever, in this story, the heads that are terests and desires of the majority of free market. being chopped off belong to the majes- United States citizens. It violates the The legislation I am introducing will tic gray whales that ply the western law and the clearly stated U.S. policy give the Department of Transportation coast of America and each year travel in opposition to whaling. extended authority to protect the north to the Bering Sea and occasion- I support those Makah tribal elders American consumer should a series of ally even to Siberia. Most Americans and others who oppose this hunt, and I mergers or acquisitions be approved, believe that we have risen above the am deeply appreciative of the court leaving our domestic market with wanton slaughter of the buffalo for ruling and our success in stopping the three or fewer carriers, who would ac- their hides, or the whales for the value renewal of the barbaric practice of count for over 70 percent of scheduled of their body parts. whaling. revenue passenger miles. The authority

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00066 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.002 H26JY0 16490 CONGRESSIONAL RECORD—HOUSE July 26, 2000 that I would extend to the Department kets, the tendency is for the carriers to follow competition from several established carriers. of Transportation in this legislation each other’s fare changes so that the fares New entrants with low fare service will be will include oversight of air carrier are identical, and the passenger choice is lim- even more important in an industry dominated pricing, anti-competitive responses to ited. These tendencies would be magnified if by three large carriers. new entrant competition, and other un- there were only a few major airlines. There In recent years, low fare carriers have faced fair competitive practices. would be enormous incentives for each carrier great difficulty in establishing their services. This is not reregulation. Airlines will to avoid competing with the others at their Last year on the House floor, I expressed my remain free to set prices and enter or strong hubs and routes. This strategy would concern over unfair competitive practices that leave markets without prior govern- likely lead to the greatest mutual profitability, incumbent airlines have used when new en- ment approval. But the bill will give while strong competition across the board trant low fare carriers try to compete. In the DOT authority to intervene if the air- could prove suicidal. As the DOT aptly stated, typical scenario, the low fare carrier enters a lines take unfair advantage of the ab- ‘‘[e]conomic theory teaches that the competi- market with a limited amount of low fare serv- sence of sufficient competition. tive outcome of a duopoly is indeterminate: ice. The incumbent carrier responds by match- I just want to cite the highlights of the result could be either intense rivalry or ing the low fare and adding service so that the this legislation. The bill would take ef- comfortable accommodation, if not collusion, low fare will be available on many times the fect when, as a result of mergers be- between the duopolists.’’ Collusion to fix prices number of seats offered by the low fare car- tween two or more of the top seven car- is not new to the airline industry—in 1992 it rier. This flooding of the market frequently riers, three or fewer carriers control was caught red-handed in an elaborate price- drives the low fare carrier out, and permits the more than 70 percent of domestic rev- fixing scheme using computer reservations incumbent to raise its fare to the prior level. enue passenger miles. software. The adverse effect of these practices on Monopolistic fares. The Secretary of The impact of mergers on fares goes be- competition does not end with the particular Transportation is authorized to require yond the effects of having only three major challenger. Once it becomes known in the in- reduction in fares that are unreason- competitors. Each merger by itself eliminates dustry that an incumbent will respond aggres- ably high. When the Secretary finds competition between the parties to the merger; sively to a challenge by a low fare carrier, that a fare is unreasonably high, he history shows that this reduction in competition other prospective competitors will also be de- may order that it be reduced and that will lead to higher fares. The General Account- terred in the future. This is not a theoretical the reduced fare be offered for a speci- ing Office, in a 1988 report, found that after problem. DOT investigations and Congres- fied number of seats and that rebates TWA bought Ozark, it raised roundtrip fares sional hearings have uncovered a number of be offered. 13 to 18 percent on 67 routes serving St. instances in which major airlines have adopted Preventing unfair practices against Louis. An October 1989 report by the Eco- money-losing strategies to drive out new en- low-fare new entrants. If a dominant nomic Analysis Group, a DOJ research arm, trants who have instituted low fare service at incumbent carrier responds to low-fare noted that: ‘‘The merger of Northwest and Re- the major carrier’s hub airports. service by a new entrant, and matches public appears to have caused a significant in- The Transportation Research Board (TRB), that low fare, and offers two or more crease in fares [5.6 percent] and a significant in its 1999 study Entry and Competition in the times the low-fare seats as the new en- reduction in overall service on city pairs out of U.S. Airline Industry, examined 32 complaints trant, the dominant carrier must con- Minneapolis-St. Paul.’’ That happened despite of unfair competition on file with the DOT, con- tinue to offer the fare for 2 years, for at the fact the number of cities served from Min- cluding that ‘‘it is apparent that some of the least 80 percent of the highest level of neapolis-St. Paul increased after Northwest/ actions described are difficult to reconcile with low-fare seats it offered. Republic merger. fair and efficient competition.’’ The TRB re- Increasing competition at hubs. If a My bill will give DOT authority to intervene ported that one-half of the cases involved dominant carrier at a hub airport if carriers take advantage of the absence of sharp price cutting and excessive increases in takes advantage of its monopoly power competition by raising fares above competitive capacity. In fact, last year the DOJ filed suit by offering fares 5 percent or more levels. The bill gives DOT authority to require against American Airlines to enforce the anti- above industry averages in more than reductions in fares which it finds to be unrea- trust laws against alleged predatory practices 20 percent of hub markets, DOT may sonably high. The bill gives examples of situa- by American Airlines to drive new entrants out take steps to facilitate added competi- tions in which a fare might be found to be un- of its Dallas/Ft. Worth hub. tion at the hub. reasonably high: if the fare in a particular mar- If the industry is reduced to three mega-car- And, finally, the measures to encour- ket is higher than the fare the carrier charges riers, these carriers will have greater financial age competition may include measures in other markets with similar characteristics, or resources and general freedom from competi- relating to the dominant carrier’s if the fare in a market is increased beyond in- tion. This will enhance their ability to eliminate gates, slots, or other airport facilities, creases in costs. The bill provides that if DOT new entrants by unfair practices. to travel agent commissions, frequent finds that a fare is excessively high it may To deal with this problem, my bill adopts a flyer programs and corporate discount order that the far be reduced, specify the num- concept suggested by Dr. Kahn and others to programs. ber of seats at which the reduced fare must discourage unfair tactics against new entrants. I hope we do not ever have to come to be offered, and order rebates. In cases where a dominant carrier at a hub a point where this legislation must be UNFAIR COMPETITIVE PRACTICES AGAINST LOW FARE airport meets new low fare competition by re- enacted and must take effect. I hope CARRIERS ducing its fares and offering the new low fare that the Justice Department will dis- A second problem that my bill deals with is on more than twice the number of seats as approve the United-US merger and dis- unfair competitive practices against new en- the new entrant carrier on that route, the bill courage all other mergers that are trants. requires the dominant carrier to continue to likely to follow this one. If not, and if New entrants providing low fare service offer the new low fares for two years. During the domestic airspace and the world have been a critical element in airline competi- this two year period, the low fares must be airspace is reduced to three globe- tion under deregulation. In fact, history has made available on at least 80 percent of the straddling mega-carriers, then we will shown that the public experiences real com- highest number of seats per week for which need this legislation in place to protect petition only when low far carriers like South- that fare has been offered. This will ensure competition and protect consumers. west Airlines enters a market. DOT called it that a dominant carrier’s efforts to defend its Mr. Speaker, I want to go into a lit- the ‘‘Southwest effect.’’ Studies have shown market, route or hub will be a truly competitive tle more detail about some of the prob- that when Southwest begins service to a new response, not one designed only to drive a lems my legislation seeks to address. city, competitors tend to lower their fares and new competitor out of business and then re- MONOPOLISTIC FARES more people start flying. DOT studies show coup reduced profits or losses by raising If the airline sector is reduced to three major that average fares in markets served by low- fares. carriers the remaining mega-carriers could fare carriers were $70–$90 lower than aver- MONOPOLISTIC ABUSES AT HUB AIRPORTS substantially reduce competition and raise age fares in other markets. On the other hand, Another major problem that my bill address- fares. The way airline competition works fares were higher in markets not served by a es is monopolistic practices at hub airports today, when established carriers control mar- low-fare carrier, even when these markets had dominated by a single airline. Several studies

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00067 Fmt 0688 Sfmt 9920 E:\BR00\H26JY0.002 H26JY0 July 26, 2000 CONGRESSIONAL RECORD—HOUSE 16491 have shown that fares for hub airports are of deregulation is that mergers and a reduc- a hub airport is charging higher than aver- higher than fares in markets where there is tion in competition often lead to higher fares age fares at that airport. Subsection (d)(2) more competition. The recent TRB study con- for the American traveling public. We cannot provides that the Secretary may determine that higher than average fares are being cluded that ‘‘the consistency with which hub stand idly by and allow the benefits of deregu- charged where an air carrier is offering fares markets appear among the highest-free mar- lation to be derailed by a wave of mergers. If that are 5 percent or more above industry kets is noteworthy and raises the possibility these mergers are approved, we will need a average fares, in more than 20 percent of its that the hub carriers are exploiting market new legislative framework to give the Sec- routes that begin or end in its hub market. powers in ways that would not be sustained if retary of Transportation appropriate authority If higher than average fares are being they were subject to more competition.’’ to combat anti-competitive practices by the charged, the DOT may, after providing the In an environment of less competition, the new line-up of powerhouse mega carriers, to air carrier with an opportunity for a hearing, hub problem can be expected to grow worse. take steps to facilitate added competition at preserve competition in the public interest, and the hub, including measures to relating to My bill addresses this problem in several ensure the widest range of travel options at the dominant carrier’s gate, slots, and other ways. First, as I have previously discussed, the lowest possible prices for air travel. airport facilities, travel agent commissions, the bill gives the Secretary authority to require If the mergers proceed without the competi- frequent flyer programs and corporate dis- that fares at hub airports be reduced if they tive protections I am proposing, then the ulti- count programs. are higher than fares elsewhere. mate irony of deregulation will be that we will Subsection (e) defines the terms ‘‘domi- Secondly, the bill includes provisions to en- have traded government control in the public nant air carrier,’’ ‘‘hub airport,’’ ‘‘interstate courage more competition at hubs. The bill air transportation,’’ and ‘‘new entrant air interest, for private monopoly control in the in- carrier.’’ ‘‘Dominant air carrier’’ is defined, provides that, upon a finding that a dominant terests of the industry. with respect to a hub airport, as an air car- carrier is exploiting its position at a hub airport Mr. Speaker, I submit for the RECORD rier that accounts for more than 50 percent by offering unreasonably high fares in more herewith a section-by-section summary of the total annual boardings at the airport than 20 percent of the hub’s markets, the Sec- of my legislation: in the preceding 2-year period or a shorter retary may require the dominant air carrier to AIRLINE COMPETITION PRESERVATION ACT— period as specified by the Secretary. A ‘‘hub make gates, slots, and other airport facilities SECTION-BY-SECTION SUMMARY airport’’ means an airport that each year has at least .25 percent of the total annual reasonably available to other carriers. We SECTION 1—SHORT TITLE boardings in the United States. ‘‘Interstate This section provides that the Act may be have often heard of dominant air carriers that air transportation’’ is defined as including cited as the ‘‘Airline Competition Preserva- refuse to give to other carriers, especially new intrastate air transportation. A ‘‘new en- tion Act of 2000.’’ entrants, access to key airport facilities. trant air carrier,’’ with respect to a hub air- The ability to prevent other air carriers from SECTION 2—OVERSIGHT OF AIR CARRIER PRICING port, is defined as an air carrier that ac- competing effectively at hub airports will only Subsection (a)(1) provides that the Act counts for less than 5 percent in the pre- be magnified if the industry is reduced to three takes effect immediately upon a determina- ceding 2-year period or a shorter period as major carriers. tion by the Secretary of the Department of specified by the Secretary. My bill would also give the Secretary the au- Transportation that, as a result of consolida- f tion or mergers between two or more of the thority to require that the air carrier exploiting top 7 air carriers, three or fewer of those air SEND EDMOND POPE HOME a hub monopoly make adjustments in commis- carriers control more than 70 percent of The SPEAKER pro tempore. Under a sions paid to travel agents, in frequent flyer scheduled revenue passenger miles in inter- previous order of the House, the gen- programs, and in corporate discount arrange- state air transportation. tleman from Pennsylvania (Mr. PETER- ments. Each of these marketing programs has Subsection (a)(2) states that the Secretary shall, in determining the number of sched- SON) is recognized for 5 minutes. served, in the past, to make it nearly impos- Mr. PETERSON of Pennsylvania. Mr. sible for new entrants to gain a foothold in a uled revenue passenger miles under sub- section (a)(1), use data from the latest year Speaker, I rise today with a heavy dominant hub market. The recent TRB report for which complete data is filed. In addition, heart. On my left is a picture of Ed- noted that use of these programs to drive out subsection (a)(3) provides that the Secretary mond and Cheri Pope, a lovely couple competition ‘‘merits further investigation by in making the concentration determination from State College, Pennsylvania. On DOT.’’ in (a)(1) should attribute to the remaining March 14, Edmond left for Russia on a UNREASONABLY HIGH FARES FOR BUSINESS airline those routes acquired from the air routine trip, a business trip. It would carrier with which it has merged or consoli- PASSENGERS have been his 27th trip there. He was A final problem the bill addresses is dated. Subsections (b)(1) and (b)(2) give the Sec- someone very involved in working with excessibly high fares for business travelers retary the authority to investigate whether the Russians on business development, and others who cannot meet the conditions on an air carrier is charging a fare or an aver- helping them market their declassified discount tickets. In the last several years, air- age fare on a route that is unreasonably technology, someone who was very lines have been charging increasingly higher high. The factors in making this determina- fond of the Russians and liked to help airfares to business travelers who do not qual- tion include whether the fare or average fare them economically in deals that were ify for discount tickets. The TRB noted that in question: is higher than fares charged in beneficial to both our countries. the: ‘‘higher-fare travelers . . . are now paying similar markets; has been increased in ex- For 115 days Edmond Pope, from 5 to 25 percent more. Also evident is that cess of cost increases; and strikes a reason- able relationship between fares charged to April 3 on, has been in a Russian pris- these travelers are paying fares much higher passengers who are price sensitive and those on. For 115 days Mrs. Pope has not had than the median, at least in comparison with charged to passengers who are time sen- a husband, except for 2 hours that she earlier periods (1995 to 1992). For instance, sitive. spent with him several weeks ago. His travelers paying the highest fares in 1992 paid Under subsection (b)(3), if a fare is found to children have had no father for 115 2 to 2.1 times the median fare. In 1998, these be unreasonably high, the Secretary may days. His aging parents do not under- travelers paid 2.7 to 2.9 times the median.’’ If order, after providing the air carrier with an stand why for 115 days they have not the aviation industry were to consolidate to opportunity for a hearing, that it be reduced, been able to talk to their son. just three globe-straddling mega-carriers, the that the reduced fare be offered for a speci- My colleagues, Edmond Pope was fied number of seats and that rebates be of- business traveler is the one who would bear fered. placed in prison unfairly. He is not a the brunt of the super-premium airfares that Subsection (c) provides that if a dominant spy. He was charged with espionage. are sure to be charged in those monopoly air carrier, on any route in interstate trans- That is not true. And what is dis- power airport markets. portation to or from a hub airport, responds turbing is for the first 11 weeks his wife My bill would give the Secretary power to to low fare service by a new entrant by and family had no chance to commu- require reductions in fares that are unreason- matching the low fare, and offering two or nicate with him; did not receive one ably high, either in and of themselves, or by more times the low fare seats as the new en- note from him, one phone call from comparison to the lower fares offered other trant, the dominant carrier must continue to him, or able to get a note or a phone offer the low fare for two years, for at least passengers. 80 percent of the highest level of low fare call or letter to him. That is 77 days he Mr. Speaker, I believe that we are at a crit- seats it offered. was absolutely separated from his fam- ical point for the future of a competitive airline Subsection (d)(1) authorizes the Secretary ily. They had no idea of his health, no industry. The inescapable lesson of 22 years to investigate whether a dominant carrier at idea if he had a lawyer; a good lawyer.

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00068 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.002 H26JY0 16492 CONGRESSIONAL RECORD—HOUSE July 26, 2000 On June 19, Mrs. Pope, Cheri, and two that we get him home, because it is A few weeks ago, I had the oppor- of my staff, were leaving for Russia to vital that we build a relationship be- tunity to meet with Mr. Pope’s par- attempt to visit him. That afternoon tween these two countries. I have a res- ents, Roy and Elizabeth Pope, who live Cheri’s mother passed away unexpect- olution that urges the President, with in my district in Grant’s Pass, Oregon. edly in San Diego, California. Mrs. 109 signatures, and I could get many Mr. Speaker, both of them are elderly. Pope had to make the decision whether more, to discontinue our assistance to Mr. Pope suffers from terminal cancer she went to bury her mother or she the Russian Federation, to approve no and dementia. They and I do not fully went to Russia to encourage her hus- more loans to the Russian Federation, comprehend the diplomatic obstacles band. She made the decision to go to or no more technical assistance. I do that keep their son away from his fam- Russia, and so she went. And several not want to do that. I believe the fu- ily. days later she had the chance to spend ture of Russia depends much on a Mr. Speaker, on May 9, I wrote to our a few moments with him. friendship with this country. But it is own Secretary of State. On June 27, I On Tuesday, June 20, they met for time to send Edmond Pope home so wrote again. In neither case has this the first time in 3 months, just a few that our relationship can grow to the administration bothered to respond to feet from a watchful prosecutor in benefit of both our countries. I ask the two letters of inquiry that I have Lefortovo prison. Edmond and Cheri President Putin to help us accomplish sent directly to the Secretary of State. Pope hugged and belatedly wished each this today. Mr. Speaker, Ed’s family knows that other a happy 30th anniversary. Then Ed is no criminal and that his impris- f Cheri Pope said, ‘‘The first thing he onment is unjust. said to me was, ‘Cheri, I didn’t do any- CALLING ON RUSSIAN GOVERN- Mr. Speaker, we simply must do ev- thing wrong. I didn’t.’ And I said to MENT AND PRESIDENT PUTIN TO erything in our collective power to see him, I never thought for a minute you FREE EDMOND POPE to it that he is freed as soon as hu- did.’’ The SPEAKER pro tempore. Under a manly possible. In an emotional interview on Tues- previous order of the House, the gen- Mr. Pope is no spy and he should be returned to his family. So I urge my day after that reunion, Cheri Pope said tleman from Oregon (Mr. WALDEN) is her husband, whom the Russians had recognized for 5 minutes. colleagues on both sides of the aisle to accused of spying, was strikingly thin. Mr. WALDEN of Oregon. Mr. Speak- join us in sending a strong message to He had a rash; he had lost a lot of er, I rise this evening to reinforce the President Putin and the Russian gov- weight; he had a pallor about him and comments of my colleague, the distin- ernment that the American people are some skin problems. She said, ‘‘Even guished gentleman from Pennsylvania serious about this and will not forget though he didn’t look well, he still their actions if Mr. Pope is not re- (Mr. PETERSON), and to call on the Rus- looked handsome to me.’’ sian government and President Putin turned immediately. While they were there, Cheri and my In an era when the opportunity exists to free Mr. Ed Pope. We have heard he staff were able to obtain a good lawyer for better relations between our two is an American businessman that they for him. He did not have a good lawyer, nations, now is not the time to return have held without trial for months, and and they had no way of knowing that. to the mutual antagonism and sus- I rise to assure Mr. And Mrs. Pope’s And since that time we have been picion that held the entire world hos- family that the gentleman from Penn- working hard to obtain his release. tage for a half a century of the Cold sylvania (Mr. PETERSON) and I are On June 26, we wrote President Putin War. doing everything we can to secure his a letter, and I will share with my col- f leagues some of the things we shared release. with him. ‘‘Mr. Putin, if you value our b 1800 TRIBUTE TO HONORABLE JIMMY friendship, send Edmond Pope home. MORRISON Mr. Speaker, the Russian govern- President Putin, if you value the grow- The SPEAKER pro tempore (Mr. ment’s continued incarceration of Mr. ing business relationships beneficial to LATOURETTE). Under the Speaker’s an- Pope, an American citizen, is nothing both of our countries, send Edmond nounced policy of January 6, 1999, the short of outrageous. Not only was his Pope home.’’ It said, ‘‘President Putin, gentleman from Louisiana (Mr. arrest and subsequent imprisonment if you value the many ways we aid you VITTER) is recognized for 60 minutes as contrary to international law, but the financially, send Edmond Pope home. the designee of the majority leader. ‘‘Edmond Pope is a man who was treatment he has received while in cus- Mr. VITTER. Mr. Speaker, tonight I there on sound financial business rea- tody has been appalling. rise to mourn the passing of a former sons. He is not a spy. He needs to be Until recently, I am told, he has been Member of this body, the Honorable home with his family and with his denied communications with his wife. Jimmy Morrison of Louisiana. grieving wife. He needs to be home to We heard they went for 70-plus days Congressman Morrison was one of my visit his father, who is seriously ill. He without being able to exchange letters constituents and represented much of needs to be home to have his own or any communication. He has been de- the district I now represent. He served health monitored, and he needs to be nied access to sufficient food and med- in this body from 1944 through 1966. home so that our relationship between ical treatment by American standards I was only 5 years old when he left the Russian Federation and America and certainly every other basic right this House, so my knowledge, obvi- can grow and not be destroyed.’’ we associate with justice systems of ously, of his tenure here is limited to We have not heard from that letter, civilized nations. conversations with those who were though we thought we would. Today, I Indeed, Mr. Speaker, Mr. Pope’s im- privileged to work with him and to the wrote another letter to President prisonment is reminiscent of those history books. I do know that he was a Putin and it has been faxed to him. One ugly dark days of the old Soviet regime Member of whom we can all be proud. hundred fifteen days have passed. This when men and women were taken from In 1944, when he was first elected to case has no merit. His new lawyer tells their homes in the dark of night, inter- office, his district was, like much of us he has shredded the evidence com- rogated, and sometimes never seen the country, a rural area still working pletely. On August 5, in just a few days, again. And that is wrong. to recover from the Great Depression. his son, Dusty Pope, plans to marry a Mr. Speaker, as of yesterday, I was Congressman Morrison earned a seat young lady named Justin. It is only fit- told that Mr. Pope still lacks such ba- on the Committee on Agriculture and ting that Edmond Pope be home to sics as a blanket, a blanket his wife has the Post Office and Civil Service com- stand with his son and his future been trying to send to him, a blanket mittee, two assignments that allowed daughter-in-law and wish them into that has been described and detailed him to address the immediate needs of the world of matrimony. about what they have to do to get his constituents. I hope and believe that it is impor- through the Russian bureaucracy and The esteem in which my older con- tant that we get this issue resolved and yet continued to be denied, a blanket. stituents hold him speaks volumes of

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00069 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.002 H26JY0 July 26, 2000 CONGRESSIONAL RECORD—HOUSE 16493 his effectiveness. He had a distin- of the House. One of those with whom ever have occasion to come to Wash- guished record in this body. He always he served for quite a bit of time was ington, I certainly want to invite you.’’ stood up for the downtrodden and the honorable gentleman from Michi- In that context, I extended my appre- spoke very passionately about his com- gan (Mr. DINGELL). ciation for that offer and accepted his mitment to speaking and working for The gentleman from Michigan (Mr. kind invitation to come to Congress. the causes of the downtrodden. DINGELL) could not join with me to- Congressman Jimmy Morrison was Perhaps the clearest example of that night. He had a pressing engagement more than just a good political figure. was his vocal support of the Civil off the floor. But he did give me a He had exemplary courage. In fact, he Rights Act of 1964. He was extremely statement which he asked for me to was a leader in the civil rights fights of instrumental in furthering the needs read on his behalf. This again is from the 1960s. And many believe it was his and the interests of his particular dis- the gentleman from Michigan (Mr. DIN- belief and conviction in the action of trict. He was really personally respon- GELL): civil rights that brought his long and sible for seeing to it that the intersec- Mr. Speaker, I rise to pay tribute to an distinguished congressional career to tion of I–12 and I–55 in his district hap- honorable, courageous man who passed away an end. pened in the area of Hammond, which last Thursday in his hometown of Hammond, But it was also exemplary of the core helped enormously with the growth of Louisiana. James H. ‘‘Jimmy’’ Morrison rep- of what Congressman Morrison’s the entire Hammond area. resented his constituents well, fought for the strengths really were. He was a coura- He also worked as a leading member underdog admirably, and served in this body geous person. Serving in office from with distinction. 1943 to 1967, he was never afraid to take of the Committee on Post Office and I had the pleasure of serving with Jimmy Civil Service to establish needed post a stand whether controversial or not. Morrison, a principled populist and a pas- Many might say about many Lou- offices throughout his district. sionate fighter on behalf of Louisiana and isiana politicians that at times they On a more national scale, he intro- his Sixth District, which he served from can be flamboyant. Certainly Congress- duced the legislation that led to the 1942–1966. He was an advocate for working man Morrison was no exception to that John F. Kennedy Center for the Per- men and women before he came to Congress, observation. But throughout it all, he forming Arts. beginning his legal career organizing straw- berry farmers who fell prey to unfair price was a leader. He is a leader who is He was also very colorful and effec- fixing. In Congress, he continued to fight to known in the State for his accomplish- tive in the realm of politics. Besides ensure that every individual was entitled to ments but also as a political legend. being a sterling stump speaker, Mr. fair treatment in the workplace and given But he is known as a legend for all the Morrison staged what he called the the opportunity to live the American dream. right reasons. ‘‘convicts parade’’ on Canal Street dur- Always alert to the needs of his constitu- Mr. VITTER. Mr. Speaker, reclaim- ing the 1939–1940 campaign to call at- ents, he brought back federal dollars home ing my time, we will all remember tention to the convictions arising out for roads, schools, and post offices. Congressman Morrison very fondly, of the Louisiana scandals involving the Mr. Speaker, I would like to note Jimmy Morrison’s courage. Jimmy Morrison’s very proudly for his contributions not Huey Long machine. proudest and most courageous vote, in sup- only to his part of Louisiana, to our Perhaps those of us in Louisiana poli- port of the Civil Rights Act of 1964, undoubt- home State, but to the Congress and to tics today should take a lead from that edly cost him his seat. His opponent played the country. in light of the recent conviction of our the race card during a tense time in the former governor, Edwin Edwards. South, throwing fuel on the fire of fear and f Maybe we need another convicts pa- hate, and beat Jimmy in doing so. But that FUNDING FOR NATIONAL rade. did not matter; Jimmy Morrison knew he INSTITUTES OF HEALTH was on the side of righteousness, not polit- I can speak from personal knowledge The SPEAKER pro tempore. Under of his life after Congress. He returned ical expediency. History should remember his courage. the Speaker’s announced policy of Jan- full time to his hometown of Hammond I would ask my colleagues to join me in uary 6, 1999, the gentleman from Penn- and resumed an active role as an attor- honoring James H. Morrison, a good, de- sylvania (Mr. GEKAS) is recognized for ney and civic leader. Leaving Congress scent, courageous public servant who should 50 minutes. in no way weakened his commitment be remembered both for his accomplishments Mr. GEKAS. Mr. Speaker, we rise to public service. He was a strong sup- and the example he set. here today to state and restate a goal porter of Southeastern Louisiana Uni- Those were the comments, as I said, that we had set several years ago to at- versity in Hammond, the institution Mr. Speaker, of the gentleman from tempt to and to succeed in doubling that houses his congressional papers. Michigan (Mr. DINGELL). the funding for NIH, the National Insti- In honor of this support, the Univer- Mr. Speaker, I know the gentleman tutes of Health, over a 5-year period. sity hosts an annual lecture. The from Louisiana (Mr. BAKER) joins me in This was 3 years ago. James H. Morrison Lecture on Politics this special order, and he is here with We began that by introducing a reso- and Government has brought leaders us on the floor. I yield to the gen- lution to that effect and gathering from throughout Louisiana and the Na- tleman. sponsorship. And lo and behold, the tion to Hammond to share their wis- Mr. BAKER. Mr. Speaker, I thank first 3 years have yielded the steady dom with the southeastern community. the gentleman for yielding. advance toward that doubling of fund- Shortly after joining this body a lit- Mr. Speaker, as a recent high school ing that we so earnestly felt was nec- tle over a year ago, I traveled to Ham- graduate many, many years ago, I had essary for the people of our country. mond to seek Congressman Morrison’s the occasion to open my mail and there Today, as we stand here, the Con- advice. It is clear from our conversa- in the mailbox was a letter from my gress is poised to do the third leg of tion that he held the House in great es- Congressman. I was so shocked to that doubling process down the road by teem and viewed his opportunity to think that he first knew that I had engaging in a conference report be- serve as a great honor accompanied by graduated high school and that he tween the House and the Senate in great responsibilities. I always will re- would send me such a nice congratula- which the top figure, that contained in member our discussion and the advice tory note. the Senate, $2.7 billion, or thereabout, and wisdom he shared. Many years later, I was at the dedi- would be exactly the amount required To his wife, Marjorie, to family and cation of a new building project in the to keep us on the path towards the dou- many friends, let us all offer our sin- congressional district and in the audi- bling of the funding. cere condolences. May they be com- ence was Congressman Jimmy Morri- We anticipate that Members of the forted by the knowledge that he is now son. And I reminded him of his kind act House and the Senate will eventually blessed with the joy and peace far of courtesy in sending me this con- support that final figure that will keep greater than any on Earth. gratulatory letter in which he not only us on this track. Mr. Speaker, Congressman Morrison said ‘‘Congratulations on your fine aca- But why is this important? It is im- served with only two present Members demic achievement. But should you portant not just for the sake of the

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00070 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.002 H26JY0 16494 CONGRESSIONAL RECORD—HOUSE July 26, 2000 money required to keep an enterprise ing to nearly 100 diseases, including Alz- WASHINGTON, DC, moving, but the work of that enter- heimer’s disease, cystic fibrosis, Hunting- July 12, 2000. prise will be to relieve pain, to relieve ton’s disease, osteoporosis, many forms of TAKE THE THIRD STEP TOWARD DOUBLING THE suffering, to prevent disease, to cure cancer, and immunodeficiency disorders; NIH BUDGET IN FIVE YEARS: COSPONSOR THE Whereas many Americans face serious and disease. Because that is what the busi- ‘‘BIOMEDICAL REVITALIZATION RESOLUTION life-threatening health problems, both acute OF 2000’’ ness of the NIH is, to reach out and, and chronic; DEAR COLLEAGUE: We are writing to invite through research and through efforts Whereas neurodegenerative diseases of the you to join us in becoming a cosponsor of the in the world of medicine and elderly, such as Alzheimer’s and Parkinson’s ‘‘Biomedical Research Revitalization Resolu- healthcare, to bring about break- disease, threaten to destroy the lives of mil- tion of 2000,’’ a bipartisan resolution that throughs in the various maladies that lions of Americans, overwhelm the Nation’s takes the third step toward doubling the Na- face the people of the Earth. health care system, and bankrupt the Medi- tional Institutes of Health (NIH) budget in We have seen evidence over the last care and Medicaid programs; five years. This Resolution expresses the Whereas 2.7 million Americans are cur- sense of the House of Representatives that 10 years of tremendous breakthroughs rently infected with the hepatitis C virus, an and advances in Parkinson’s disease, in the NIH budget should be increased by $2.7 insidious liver condition that can lead to in- billion in Fiscal Year 2001. women’s breast cancer, in other types flammation, cirrhosis, and cancer as well as The Resolution states that we can accom- of cancer, in Alzheimer’s disease, in liver failure; plish this goal in five years through budget many of the things that plague us and Whereas 297,000 Americans are now suf- surpluses, budget offsets, and the regular ap- for which there is sometimes said to be fering from AIDS, and hundreds of thousands propriations process. The budget resolution no cure. And that is true, but we do not more are infected with HIV; must reflect these potential funding opportu- know how soon we could reach a point Whereas cancer remains a comprehensive nities to make this goal a reality. NIH fund- threat to any tissue or organ of the body at where we might develop a cure. ing has doubled over the past ten years, but any age, and remains a top cause of mor- with scientific discoveries occurring at a b 1815 bidity and mortality; revolutionary pace, this investment must be Whereas the extent of psychiatric and neu- But the point is that is the purpose of accelerated NOW! The outstanding perform- rological diseases poses considerable chal- ance of the American economy is providing the increased funding for the NIH. lenges in understanding the workings of the budget surpluses at just the time when NIH Along the way, then, we in this Con- brain and nervous system; needs this money the most. By 2005, the NIH gress submitted a similar resolution, Whereas recent advances in the treatment will complete the mapping and sequencing of H. Res. 437, which does the very same of HIV illustrate the promise research holds the human genome. This will usher in a new thing. $2.7 billion is our target. We are for even more effective, accessible, and af- era of molecular medicine with unprece- short of that in the House, but as I said fordable treatments for persons with HIV; dented research potential to prevent, diag- Whereas infants and children are the hope the conference report will probably nose, treat, and cure diseases that currently of our future, yet they continue to be the plague our society. yield assent by the Congress to this most vulnerable and underserved members of These future breakthroughs, however, de- third leg of the doubling effort about our society; pend upon Congress appropriating sufficient which we speak. We have ample docu- Whereas approximately one out of every funds to continue and expand on the research mentation and evidence from other six American men will develop prostate can- currently being conducted. We are seeking Members of Congress and people cer and over 40,000 men will die from pros- funding that will ensure the realization of throughout the Nation that there is gi- tate cancer each year; major biomedical breakthroughs in the next gantic support for this particular ef- Whereas juvenile diabetes and diabetes, decade. We must demonstrate our commit- both insulin and non-insulin forms, afflict 16 fort. ment to improving the health and well-being million Americans and place them at risk for of all Americans by increasing funding for Mr. Speaker, I want to enter into the acute and chronic complications, including NIH and keep medical advancements on the RECORD my own statement in this re- blindness, kidney failure, atherosclerosis, fast track to discovery. gard, a copy of H. Res. 437, various and nerve degeneration; NIH research has spawned the bio- Dear Colleague letters that speak on Whereas the emerging understanding of technology revolution, whose products grew the subject, a list of cosponsors of the the principles of biometrics have been ap- into a $50 billion industry in 1999. NIH sup- effort, and also letters of support, some plied to the development of hard tissue such ports over 50,000 scientists at 1,700 univer- dozen of them. as bone and teeth as well as soft tissue, and sities and research institutes across the this field of study holds great promise for United States. The biotechnology industry— H. RES. 437 the design of new classes of biomaterials, a direct result of advances in biomedical re- Whereas past Federal investment in bio- pharmaceuticals, and diagnostic and analyt- search funded by the NIH—employs 118,000 medical research has resulted in better ical reagents; people in over 12,000 biotechnology compa- health, an improved quality of life for all Whereas research sponsored by the Na- nies across the country. The biotechnology Americans, and a reduction in national tional Institutes of Health will map and se- revolution has also spurred advancements in health care expenditures; quence the entire human genome by 2003, other industries that have applied the dis- Whereas the Nation’s commitment to bio- leading to a new era of molecular medicine coveries to their own fields. In agriculture, medical research has expanded the base of that will provide unprecedented opportuni- biotechnology is producing greater crop scientific knowledge about health and dis- ties for the prevention, diagnoses, treat- yields while reducing the dependence on tra- ease, and revolutionized the practice of med- ment, and cure of diseases that currently ditional chemical pesticides. Biotechnology icine; plague society; research, while conducted by the public sec- Whereas the Federal Government is the Whereas the fundamental way science is tor, has had substantial impacts on the econ- single largest contributor to biomedical re- conducted is changing at a revolutionary omy and society as a whole that affect the search conducted in the United States; pace, demanding a far greater investment in lives of every individual in this country. Whereas biomedical research continues to emerging new technologies, research train- Continued advances, however, are directly play a vital role in the growth of this Na- ing programs, and development of new skills dependent on the biomedical research con- tion’s biotechnology, medical device, and among scientific investigators; and ducted by the NIH. pharmaceutical industries; Whereas most Americans overwhelmingly Whether affecting our family, friends, Whereas the origin of many new drugs and support an increased Federal investment in neighbors, and colleagues, we have all seen medical devices currently in use is bio- biomedical research: Now, therefore, be it the heartbreaking impact of cancer, stroke, medical research supported by the National Resolved, diabetes, heart disease, AIDS, and other dis- Institutes of Health; SECTION 1. SHORT TITLE. eases that cause chronic disability and Whereas women have traditionally been This resolution may be cited as the ‘‘Bio- shortened lives. We can do something about underrepresented in medical research proto- medical Revitalization Resolution of 2000’’. these diseases by making the investment to cols, yet are severely affected by diseases in- SEC. 2. SENSE OF THE HOUSE OF REPRESENTA- double NIH funding this year. Last year a cluding breast cancer, which will kill over TIVES. similar proposal to double the NIH budget in 43,300 women this year; ovarian cancer, It is the sense of the House of Representa- five years received the bipartisan support of which will kill 14,500; and osteoporosis and tives that funding for the National Institutes over sixty five members of the House of Rep- cardiovascular disorders; of Health should be increased by $2,700,000,000 resentatives. We enjoyed some success in the Whereas research sponsored by the Na- in fiscal year 2001 and that the budget reso- effort when we added $2.3 billion to the NIH tional Institutes of Health is responsible for lution should appropriately reflect sufficient Fiscal Year 2000 budget. Please contact Matt the identification of genetic mutations relat- funds to achieve this objective. Zonarich in Representative Gekas’ office at

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00071 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.002 H26JY0 July 26, 2000 CONGRESSIONAL RECORD—HOUSE 16495 5–4315 to cosponsor the Biomedical Revital- The sequencing of the human genome has by FY 2003. NIH research reduces health care ization Resolution of 2000. provided a huge amount of information high- costs, provides cutting-edge treatment and Very truly yours, ly relevant to human health. However, the prevention efforts, creates jobs and main- GEORGE W. GEKAS, information is encoded in a form that is cur- tains America’s status as the world leader in NANCY PELOSI, rently unreadable by modern methods for de- the biotechnology and pharmaceutical indus- KEN BENSTEN, ciphering the biological meaning of genome tries. SONNY CALLAHAN, sequences require extensive computation, Also, an overwhelming majority of Ameri- CONSTANCE MORELLA, some of it still beyond the limits of existing cans want Congress to increase funding for Members of Congress. computer algorithms, software and hard- heart and stroke research. According to an ware. Incremental investment in the NIH April 2000 national public opinion poll, 73 H. RES. 437 COSPONSORS will enable the important search for the key percent of Americans say increased federal Rep. Baldacci, John Elias to the human genome. funding for heart research is very important Rep. Bentsen, Ken Thank you for your support of biomedical and 66 percent say increased federal funding Rep. Blagojevich, Rod R. research and basic science. for stroke research is very important. Sincerely yours, Rep. Borski, Robert A. The fight against heart disease—America’s ERIC S. LANDER, Ph.D., Rep. Brady, Robert No. 1 killer—and stroke—America’s No. 3 Chair. Rep. Callahan, Sonny killer—requires innovative research and pre- Rep. Capuano, Michael E. vention programs. However, these programs FEDERATION OF AMERICAN SOCIETIES Rep. Castle, Michael N. to help advance the battle against heart dis- FOR EXPERIMENTAL BIOLOGY, Rep. Cunningham, Randy (Duke) ease and stroke are contingent on a signifi- May 8, 2000. Rep. DeFazio, Peter A. cant increase in funding for the NIH. Now is Hon. GEORGE W. GEKAS, Rep. DeGette, Diana the time to capitalize on progress and pursue House of Representatives, Rayburn House Office Rep. Fowler, Tillie promising opportunities that could lead to Building, Washington, DC. Rep. Frank, Barney novel approaches to diagnose, treat, prevent DEAR REPRESENTATIVE GEKAS: On behalf of Rep. Gejdenson, Sam or cure heart disease and stroke. Rep. Gilchrest, Wayne T. the more than 60,000 scientists belonging to Rep. Gonzalez, Charles A. the Federation of American Societies for Ex- The American Heart Association com- Rep. Greenwood, James C. perimental Biology (FASEB), thank you for mends you for your outstanding leadership Rep. King, Peter T. your continued efforts to support biomedical and steadfast commitment to double funding Rep. LaFalce, John J. research, specifically the National Institutes for the NIH by FY 2003. Thank you. Rep. Lantos, Tom of Health (NIH). By introducing the Bio- Sincerely, Rep. McGovern, James P. medical Revitalization Resolution of 2000 (H. LYNN SMAHA, M.D., PH.D., Rep. McNulty, Michael R. Res. 437) in support of a $2.7 billion dollar in- President. Rep. Moakley, John Joseph crease in NIH funding in FY 2001, you have JEFFERSON MEDICAL COLLEGE, Rep. Morella, Constance A. made a testament to your steadfast dedica- May 11, 2000. Rep. Nethercutt, George R., Jr. tion to this cause. Representative GEORGE W. GEKAS, Rep. Pelosi, Nancy As stated in the resolution, continued in- U.S. House of Representatives, Room 2410, Ray- Rep. Porter, John Edward vestment in biomedical research will result burn HOB, Washington, DC. Rep. Price, David E. in further improvements in our nation’s DEAR REPRESENTATIVE GEKAS: I write to Rep. Rivers, Lynn N. health, quality of life and economy. We can urge you to support the 15%, $2.7 billion in- Rep. Schakowsky, Janice D. expect this investment to lead to decreases crease in the Fiscal Year 2001 Labor, Health Rep. Slaughter, Louise McIntosh in health care expenditures and stimulation and Human Services and Education Appro- Rep. Stearns, Cliff of biotechnology and pharmaceutical indus- priations bill for the National Institutes of Rep. Wolf, Frank R. tries. This increase, together with the mo- Health. I also call for your support of a 17% mentum from other recent investments, increase for the National Science Founda- JOINT STEERING COMMITTEE should enable the biomedical sciences to cap- tion in the Fiscal Year 2001 VA–HUD and FOR PUBLIC POLICY, italize on expanding knowledge of disease Independent Agencies Appropriations bill. Bethesda, MD, July 18, 2000. processes and their underlying genetic basis These increases are essential for bio- Hon. George Gekas, in order to develop new therapies. medical research to capitalize on the many House of Representatives, We depend on the insight and leadership opportunities that we now have to benefit Washington, DC. you have shown once again. Your strong sup- the health of the Nation. Strong NIH and DEAR REPRESENTATIVE GEKAS: On behalf of port enables scientists to seize current op- NSF funding is also essential for the sci- the Joint Steering Committee for Public portunities in biomedical research and bring entific discoveries that fuel the burgeoning Policy, representing 25,000 basic biomedical about advances in science and health that biotechnology industry in the United States. researchers, thank you for your leadership in benefit the American public. My own work on steroid receptors and cell organizing a Special Order to support dou- Sincerely, death, especially in cells that invade the air- bling the NIH budget from 1999–2003. We also DAVID G. KAUFMAN, M.D., PH.D. way during asthmatic attack, is supported salute your introduction of H. Res. 437, by the National Institutes of Health. which calls for the same. AMERICAN HEART ASSOCIATION, Your outstanding efforts to educate the Washington, DC, June 14, 2000. Thank you for your consideration. Congress through the Congressional Bio- Hon. GEORGE GEKAS, Yours sincerely, medical Research Caucus about the National House of Representatives, GERALD LITWACK, PH.D., Institute of Health and its ability to effec- Washington, DC. Chairman, Department of Biochemistry tively utilize a 15%, $2.7 billion increase in DEAR REPRESENTATIVE GEKAS: The Amer- and Molecular Pharmacology. this year’s appropriation. We recognize the ican Heart Association applauds your con- difficulty Congress faces in achieving this tinuing initiative and leadership in the bi- SCHOOL OF MEDICINE, CENTER FOR goal, but we are confident that through your cameral, bipartisan effort to double funding GENE THERAPY, leadership and that of Congressman Porter, for the National Institutes of Health by FY MCP HAHNEMANN UNIVERSITY, this goal will be achieved and health re- 2003. The historically large funding increase Philadelphia, PA, April 4, 2000. search will be accelerated by this visionary received by the NIH for FY 2000 represented Hon. GEORGE GEKAS, investment. the second step toward that goal. House of Representatives, Washington, DC. As you well know, our country leads the Your ongoing efforts and those of the 33 co- DEAR REPRESENTATIVE GEKAS: I would like world in biological science, enabled by a far- sponsors of H. Res. 437, expressing the sense to ask for your continuing support of a 15% sighted national policy of federal funding for of the House that the federal investment in increase in the National Institutes of Health research at our Nation’s colleges and univer- biomedical research should be increased by budget and a 17% increase in the National sities through the NIH and other agencies. $2.7 billion in FY 2001, are vital in securing Science Foundation budget for FY 2000. As The NIH is the major source of funds for crit- the third installment to double funding for you are well aware, the tremendous invest- ical basic research in laboratories through- the NIH. The American Heart Association ments that the citizens of the United States out the U.S., on Alzheimer’s disease, cancer, strongly supports your hard work in making have made in research over the past several diabetes, heart disease and many other dev- funding for the NIH a top priority in the FY decades are beginning to pay off. We are just astating diseases. This investment will pro- 2001 appropriations process. at the brink of tremendous benefits that will vide a significant boost to these important State-based polls show that an over- include dramatic new cures for diseases and efforts by translating the promise of sci- whelming majority of Americans favor dou- produce a thriving industry for creating new entific discovery into better health. bling federal spending on medical research jobs for our citizens.

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00072 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.002 H26JY0 16496 CONGRESSIONAL RECORD—HOUSE July 26, 2000 I know you have been a strong supporter of cally underserved populations, the AACR re- American Academy of Neurology. these research budgets in the past. I thank quests that you support increasing the budg- American Academy of Ophthalmology. you for that support. et for cancer control programs of the Centers American Academy of Optometry. Sincerely yours, for Disease Control (CDC). American Academy of Otolaryngology— DARWIN J. PROCKOP, M.D., Ph.D, This is a bold first step, but we urge you to Head and Neck Surgery Director. look beyond 2001. Last year Congress re- American Academy of Pediatrics ceived a document, created by more than 150 American Academy of Physical, Medicine AMERICAN ASSOCIATION FOR of the Nation’s leading cancer researchers, & Rehabilitation. CANCER RESEARCH, INC., clinicians, survivors, advocates and business American Association for Cancer Research Philadelphia, PA, March 23, 2000. leaders, entitled, ‘‘Report from The March American Association of Dental Research. Hon. GEORGE W. GEKAS, Research Task Force,’’ that outlined in sim- American Association for the Study of House of Representatives, Washington, DC. ple fashion a set of cogent recommendations Liver Diseases. DEAR REPRESENTATIVE GEKAS: As we enter regarding what it will take to accelerate American Association of Anatomists. the 21st Century, we have an unprecedented progress against cancer. This unprecedented American Association of Cancer Research. opportunity to take the bold steps required Report stated that if we are willing to look American Association of Colleges of Nurs- to end the human and economic devastation beyond 2001 and define a multi-year strategy ing caused by cancer. As you consider and delib- and plan to address the cancer epidemic now American Association of Colleges of Osteo- erate the 2001 budget, consider that cancer and in the future, we can conquer cancer. We pathic Medicine will kill more than half a million of our citi- strongly encourage you to do just that—take American Association of Colleges of Phar- zens this year, more Americans than were the bold step this year to provide the needed macy. lost in all of the wars we fought in the 20th increases for the NCI, NIH and the CDC, and American Association of Dental Schools Century. More than 1.2 million Americans take the next bold step, to develop a five- American Association of Immunologists will receive a diagnosis of cancer in 2000. year strategy and funding plan to finally de- American Association of Pharmaceutical However, as horrible as these statistics are, feat this tragic killer. Scientists. we anticipate that cancer incidence and mor- Thank you again for your past support. American Association of Plastic Surgeons tality will increase significantly in the next The AACR looks forward to working with American Chemical Society 10–20 years due primarily to the aging and you in the future as we take the steps nec- American College of Clinical Pharma- changing demographics of America. Cancer essary to prevent and cure cancer. cology. will hit those hardest who can least afford it, Sincerely yours, American College of Preventive Medicine. the minority and medically underserved and ANNA D. BARKER, American College of Radiology. aged populations. Addressing the current and Chairperson, Public Education Committee. American College of Surgeons. future cancer epidemic must become one of MARGARET FOTI, PH.D. American Federal for Medical Research. America’s highest health care priorities. If Chief Executive Officer. American Foundation for AIDS research we act now with a sense of urgency to pro- American Gastroenterological Association. vide the resources and continuity needed to THE AD HOC GROUP FOR American Heart Association. cure and prevent cancer, we can and will pre- MEDICAL RESEARCH FUNDING, American Lung Association. vail. June 13, 2000. American Nephrology Nurses’ Association. On behalf of the more than 15,500 basic, Hon. GEORGE GEKAS, American Optometric Association. translational, clinical researchers and other House of Representatives, Washington, DC. American Osteopathic Association. research professionals who are the members Attn: Matt Zonarich American Pediatric Society. of American Association of Cancer Research American Podiatric Medical Association. DEAR REPRESENTATIVE GEKAS: the Ad Hoc (AACR), we appreciate your steadfast sup- Group for Medical Research Funding greatly American Preventive Medical Association. port for increasing our commitment to the appreciates your continued leadership on be- American Psychiatric Association. conquest of cancer. We recognize that as a half of doubling the budget for the National American Psychiatric Nurses Association. member of the House of Representatives you Institutes of Health (NIH), as demonstrated American Psychological Association. face a range of priorities and deserving re- by your special order on Wednesday, June 14. American Psychological Society. quests each year to provide increased funds Enclosed is the FY 2001 proposal from the American Society for Biochemistry and for many of this Nation’s healthcare needs. Ad Hoc Group for Medical Research Funding, Molecular Biology. However, this year we ask that you carefully which calls for a $2.7 billion (15 percent) in- American Society for Bone and Mineral reflect on the very real possibility that we crease in the NIH appropriation as the third Research. can finally turn the tide against cancer. Our step in doubling the NIH budget by FY 2003. American Society for Cell Biology. prior investments in cancer research are This report highlights some of the advances American Society for Clinical Nutrition. paying off in advances in basic research that made possible by NIH-supported research and American Society for Clinical Oncology. we could have only dreamed of 10 years ago. discusses the continuing health challenges American Society for Clinical Pharma- There are now unimagined opportunities to that we believe justify doubling the NIH cology and Therapeutics. prevent and cure cancer through the transfer budget. Also enclosed is the list of nearly 200 American Society for Investigative Pathol- of these discoveries into new prevention and patient groups, scientific societies, and re- ogy. treatment technologies. We can accelerate search institutions and organizations that American Society for Microbiology. the realization of these new diagnostic tech- have endorsed the group’s proposal. American Society for Nutritional Sciences. nologies, therapeutic drugs and prevention We hope that you will consider including American Society for Pharmacology and programs and continue needed advances in Experimental Therapeutics. this material in the CONGRESSIONAL RECORD basic cancer research by deciding as a Nation during your special order on June 14 on NIH American Society for Reproductive Medi- to mount a multi-year final assault to defeat funding. cine. cancer at the earliest possible time. Sincerely, American Society of Addiction Medicine. To achieve the first step in this bold goal, American Society of Hematology. DAVID B. MOORE, the AACR requests that you support full Executive Director. American Society of Human Genetics. funding for the Bypass Budget of the Na- American Society of Nephrology. tional Cancer Institute (NCI) at the $4.135 THE AD HOC GROUP FOR MEDICAL RESEARCH American Society of Pediatric Nephrology. billion requested. This level of funding will FUNDING American Society of Tropical Medicine and provide funding to support major initiatives ORGANIZATIONS ENDORSING THE FY 2001 Hygiene. such as individual research grants, clinical PROPOSAL AS OF MAY 24, 2000 American Thoracic Society. trials, training, cancer centers, improving Academy of Clinical Laboratory Physi- Americans for Medical Progress. quality of life for cancer patients, and allow cians and Scientists. American Urogynecologic Society. the NCI to pursue several extraordinary re- Academy of Osseointegration. American Urological Association. search opportunities in cancer imaging, new Administrators of Internal Medicine. American Veterinary Medical Association. cancer therapeutics, chemoprevention and Allergan. Arthritis Foundation. tobacco control and tobacco related cancers. Alliance for Aging Research. Association for Research in Vision and We also urge you to ensure that the National Alzheimer’s Association. Ophthalmology. Institutes of Health receives a 15% increase Ambulatory Pediatric Association. Association of Academic Health Centers. in funding to continue the current plan of American Academy of Allergy, Asthma and Association of Academic Health Sciences doubling the NIH budget in five years. Last- Immunology. Libraries. ly, to provide needed funds for key programs American Academy of Child and Adoles- Association of American Cancer Institutes. in early cancer detection and cancer preven- cent Psychiatry Association of American Medical Colleges. tion, so badly needed by minority and medi- American Academy of Dermatology. Association of American Universities.

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00073 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.002 H26JY0 July 26, 2000 CONGRESSIONAL RECORD—HOUSE 16497 Association of American Veterinary Col- National Association for Biomedical Re- New science on the brain will lead to treat- leges search. ments for alcoholism, drug abuse, and men- Association of Departments of Family National Association of State University tal illness. Medicine. and Land-Grant College. HOW CAN INCREASED FUNDING BE USED TO HELP Association of Independent Research Insti- National Caucus of Basic Biomedical MAKE MORE PROGRESS? Science Chairs. tutes. Improvements in the treatment and pre- National Childhood Cancer Foundation. Association of Medical and Graduate De- vention of disease are dependent on the gen- partments of Biochemistry. National Coalition for Cancer Research. National Committee to Preserve Social Se- eration of new ideas. The speed of discovery Association of Medical School Microbi- can be accelerated by devoting greater re- ology and Immunology Chairs. curity and Medicare. National Foundation for Ectodermal sources to the NIH and NSF budgets. Association of Medical School Pediatric The explosion of new knowledge from ex- Department Chairs. Dysplasias. National Health Council. plorations of the human genome and the bi- Association of Minority Health Professions ology of the cell is providing new opportuni- Schools. National Hemophilia Foundation. National Marfan Foundation. ties to further understand disease, and new Association of Pathology Chairs. National Organization for Rare Disorders. innovative ways of treating, diagnosing, and Association of Pediatric Oncology Nurses. National Osteoporosis Foundation. preventing illness. Association of Professors of Dermatology. National Perinatal Association. Unused capacity remains available in this Association of Professors of Medicine. National Vitiligo Foundation. great research enterprise. The great re- Association of Schools and Colleges of Op- New York State Cancer Programs Associa- sources provided the Congress in FY 1999 and tometry. tion, Inc. FY 2000 have facilitated the nation’s re- Association of Schools of Public Health. New York University School of Medicine. search system to more fully use its potential Association of Subspecialty Professors. North American Society of Pacing and capacity to respond more quickly to new Association of Teachers of Preventive Med- Electrophysiology. ways to cure disease. icine. Ocular Microbiology and Immunology The more new ideas explored and the more Association of University Professors of Group. rapid the effort, the sooner these findings Ophthalmology. Oncology Nursing Society. will be translated into the real life medical Association of University Radiologists. Oregon Health Sciences University. benefits and medical practice. Boys Town National Research Hospital. Osteoporosis and Related Bone Disorders Campaign for Medical Research. Coalition. Cancer Research Foundation of America. Pfizer. ECONOMIC COSTS OF MAJOR ILLNESSES Candlelighters Childhood Cancer Founda- The Protein Society. [Dollar amounts in billions] tion. PXE International, Inc. Radiation Research Society. Direct Indirect Total Citizens for Public Action. Illness Year Ratio 1 Coalition for American Trauma Care. Research America. costs costs costs Research Society on Alcoholism. Coalition for Heritable Disorders of Con- Injury ...... 1995 $89.0 $248.0 $337.0 74 nective Tissue. Research to Prevent Blindness. Heart diseaes ...... 1999 101.8 81.3 183.1 44 Resolve, The National Infertility Associa- Disability ...... 1986 82.1 87.3 169.4 52 Coalition of National Cancer Cooperative Mental disorders ...... 1992 66.8 94.0 160.8 58 Group Organization. tion. Society for Academic Emergency Medi- Cancer ...... 1994 41.4 68.7 110.1 62 College on Problems of Drug Dependence. Alzheimer’s disease ...... 1997 15.0 85.0 100.0 85 cine. Columbia University College of Physicians Diabetes ...... 1997 44.1 54.1 98.2 55 Society for Investigative Dermatology. Chronic pain condition ...... 1986 45.0 34.0 79.0 43 and Surgeons. Society for Maternal-Fetal Medicine. Arthritis ...... 1992 15.2 49.6 64.8 77 Consortium of Social Science Associations. Digestive diseases ...... 1985 41.5 14.7 56.2 26 Society for Neuroscience. Stroke ...... 1998 28.3 15.0 43.3 35 Cooley’s Anemia Foundation. Society for Pediatric Research. Kidney and urological diseases 1985 26.2 14.1 40.3 35 Corporation for the Advancement of Psy- Society for Women’s Health Research. Eye diseases ...... 1991 22.3 16.1 38.4 42 chiatry. Society of Academic Anesthesiology Pulmonary diseases ...... 1998 21.6 16.2 37.3 43 Crohn’s and Colitis Foundation of Amer- HIV/AIDS ...... 1999 13.4 15.5 28.9 54 Chairs. Other (10 further illnesses) .... (2) 53.4 23.9 77.2 31 ica. Society of Gynecologic Oncologists. Cystic Fibrosis Foundation. Society of Toxicology. Total: 25 illnesses ...... 707.1 917.5 1624.0 56 Digestive Disease National Coalition. Sudden Infant Death Syndrome Alliance. 1 Ratio of indirect total costs (percent). Dystonia Medical Research Foundation. Tourette Syndrome Association, Inc. 2 Various. Emory University. University of Utah Health Sciences. THE PROMISE OF NIH RESEARCH FOR HEALTH ESA, Inc. University of Washington. Eye Bank Association of America. Wake Forest University School of Medi- Identify genetic predispositions and risk FDA-NIH Council. cine. factors for heart attack and stroke. Federation of American Societies for Ex- New approaches to treating and preventing diabetes and its complications. perimental Biology. WHY DOUBLE THE NIH BUDGET? Genomic sequencing of disease-causing or- Federation of Behavioral, Psychological Based on the potential of current scientific ganisms to identify new targets for drug de- and Cognitive Sciences. opportunities and the successes of the past, velopment. Fred Hutchinson Cancer Research Center. we can confidently predict that an invest- Earlier detection of cancer with new mo- Friends of the National Institute of Dental ment of a doubling over five years will be lecular technologies. and Craniofacial Research. easily repaid in discoveries that will benefit New ways to relieve pain. Friends of the National Library of Medi- the U.S. public and mankind. Diagnostic imaging for brain tumors, can- cine. The Human Genome Project will enable cers, chronic illnesses. Genetics Society of America. doctors to identify individuals at increased Assess drugs for their safety and efficacy The Genome Action Coalition. risk for diseases like hypertension and in children. Immune Deficiency Foundation. stroke, glaucoma, osteoporosis, Alzheimer’s Medications for the treatment of alco- International Myeloma Foundation. disease, or severe depression. holism and drug addiction. Jeffrey Modell Foundation. Our ultimate goal will be to find ways to Rigorous evaluation of CAM practices Joint Council of Allergy, Asthma and Im- prevent the development or progression of (complementary and alternative medicine). munology. these diseases and design ways to intervene Clinical trials database—help public gain Johns Hopkins University. to prevent the development of these horrific access to information about clinical trials. Johns Hopkins University School of Medi- diseases. Understand the role of infections in chron- cine. Cancer therapy will change; physicians ic diseases. Juvenile Diabetes Foundation Inter- will be able to customize cancer treatment Vaccines for preventing HIV infection, national. by knowing the molecular fingerprint of a middle ear infection, typhoid, dysentery, TB, Krasnow Institute for Advanced Study. patient’s tumor. E. coli food contamination. Massachusetts Institute of Technology. The genetic ‘‘fingerprint’’ of a person’s Human genome sequence to assess pre- Medical Device Manufacturers Association. cancer cells will be used to create a drug disposition to disease, predict responses to Medical Library Association. that will attack only the cancer cells—and drugs and environmental agents, and design MedStar Research Institute. render targeted treatment which is more ef- new drugs. Mount Sinai School of Medicine. fective and safe. New means of detecting and combating National Alliance for the Mentally Ill. We will have effective vaccines for infec- agents of bioterrorism. National Alliance for Eye and Vision Re- tious diseases such as AIDS, tuberculosis, New ways to repair/replace organs, tissues, search. and malaria. and cells damaged by disease and trauma.

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00074 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.002 H26JY0 16498 CONGRESSIONAL RECORD—HOUSE July 26, 2000 Understand and ameliorate health dispari- These were the recommendations of Amer- funding of research and its infrastructure; ties. ica’s best and brightest scientists in 1993 and flawed governmental oversight of science, Improved interventions for lead poisoning we should work to fulfill and implement confusion about the goals of federally sup- in children. these excellent recommendations. ported research, and deficiencies in science New interventions for neonatal hearing SCIENCE AND THE NEW ADMINISTRATION education. loss. The productivity of biomedical research is (J. Michael Bishop, Marc Kirschner, Harold Safer, more effective medications for de- limited most immediately by financial re- Varmus) pression and other mental illnesses. sources. In 1992 the nation spent about $10 New approaches to preventing rejection of With the new presidential Administration billion on biomedical research, mostly by transplanted organs, tissues, cells. now in office, the scientific community is congressional appropriations to the National New treatment, and preventive strategies hopeful that measures will be taken to en- Institutes of health (NIH). This investment for STDs (sexually transmitted diseases). hance research and the contributions it can is too small by several measures: (i) The New approaches to restoring function after make to our society. What little was said of United States currently devotes between $600 spinal cord injury. research during the presidential campaign and $800 billion annually to health care, yet New effective vaccines for infectious dis- concerned technological improvement and less than 2% is reinvested in the study of dis- ease such as AIDS, tuberculosis, and ma- economic stimulus. This limited focus prob- ease. In contrast,the defense industry spends laria. ably arose from the necessities of electoral about 15% of its budget on research. (ii) U.S. politics. Now it is important to broaden the expenditures on R&D as a percentage of our WHO WAS THE FIRST TO CALL FOR DOUBLING OF discussion to include aspects of the scientific gross national product have been declining THE NIH AND NSF BUDGETS FOR BASIC RE- enterprise that are essential for its long- steadily and are now lower than those of SEARCH? term viability. Japan and Germany. Moreover, 60% of our In 1993, the magazine Science published a The opportunities for progress through R&D dollars is designated for defense. (iii) call for action by two Nobel Prize Laureates, science are greater than ever. However, the The funding of approved NIH grant applica- and other science leaders Drs. Michael last decade has witnessed an accelerating tions has fallen below 15% in some categories Bishop, Harold Varmus and Mark Kirschner, erosion of the infrastructure for fundamental and under 25% in many, compared with rates who plead that their Government and their research in the United States. If that erosion of 30% or more in the preceding two decades, Congress double the amounts of federal fund- is not reversed soon the pace of discovery when progress was so rapid. Under these con- ing for the basic research being undertaken will necessarily decline, with widespread ditions, outstanding proposals cannot be pur- by the National Institutes of Health over a consequences for industry, health care, and sued, first-rate investigators have become period of five years. This was not the enter- education. dispirited, and even the best students are prise of some creative lobbyists, but rather In hopes that President Clinton and Vice discouraged from pursuing a career in born from the thoughtful, rational and sci- President Gore will soon address the pros- science. (iv) Outstanding institutions lack entific deliberations of some of the foremost pects for basic science in the United States, funds for laboratories and replacement of in- minds in science. When Members of this we offer our view of how fundamental re- adequate instruments; as a result, the con- great Chamber consider their votes for the search benefits our nation and what should duct of biomedical research is constrained consistent and substantial increases in fund- be done to secure those benefits for the fu- and even dangerous. ing of basic research at the National Insti- ture. We speak here for biomedical research, Biomedical research is also impeded by tutes of Health and the National Science our area of expertise, but believe that our re- outmoded procedures for the federal admin- Foundation, they can rely with great con- marks illustrate problems and opportunities istration of science. Agencies that should be fidence on the fact that these scientists found throughout science. working together to promote research in the placed their entire reputations on the line in THE PROMISE OF BIOMEDICAL RESEARCH life sciences, instead remain separated in making the recommendation that this Gov- Recent progress in biomedical research has competing departments. NIH has suffered ernment and this Congress continue to ex- brought an understanding of molecules, from a chain of command that requires ap- pand their investment of federal dollars in cells, and organisms far beyond anything an- proval from secretaries and undersecretaries with little expertise or interest in science. basic research. ticipated a generation ago. The benefits of Some sources of funding for research in the RECOMMENDATIONS this progress include the makings of a revo- life sciences lack appropriate mechanisms or These great scientists stated and I quote in lution in preventive medicine, novel ap- expertise for initiating, judging, and admin- part, ‘‘If the United States is to realize the proaches to the diagnosis and treatment of istrating programs, and others have not promise of science for our society, the new cancer, heart attacks, infections, inherited adapted their mechanisms appropriately to Administration should take action on sev- diseases, and other ailments; the prospect of the progress that has been made in research. eral fronts: improving agricultural productivity in ways For example, many of the NIH study sec- Develop an economic strategy for opti- never imagined by the Green Revolution; tions, traditionally the pride of the peer-re- mizing investment in biomedical research, new tools for environmental protection; and view system, are now organized according to which would take into account the new op- a renewed impetus to stimulate and inform outmoded or otherwise inappropriate cat- portunities that have been made available by public interest in science. egories. In addition, the government has not the recent revolution in biology, the poten- The economic benefits of these gains are learned how to involve the scientific commu- tial for reducing health-care costs, and the substantial. Consider two examples: First, it nity adequately in administrative decisions benefits to agriculture and industry. Until a is often argued that advances in research in- to initiate targeted projects. To cope with a full evaluation has been completed, Drs. crease the costs of health care. However, bio- decaying infrastructure, Congress has occa- Bishop, Varmus, and Kirschner recommend medical research typically generates simpler sionally appropriated substantial funds for increasing the NIH budget by 15% per year, and less costly devices; Inexpensive viral construction, but they have done so in a way which would double the budget in current vaccines now save the United States billions that circumvents peer review and serves dollars by 1998. This increase would provide of dollars annually; new tests for viruses local needs rather than the advancement of funds for approximately 30% of approved have helped cleanse our blood supply, greatly science as a whole. grants, thereby retaining healthy competi- reducing the economic losses from diseases The confidence that the scientific commu- tion and exploiting the major areas of sci- that are spread by transfusion; and growth nity once had in the federal governance of entific opportunity. factors for blood cells are cutting the costs biomedical research has been further eroded Generate a comprehensive plan for the best of caring for patients who receive bone mar- by the use of inappropriate criteria for ap- use of federal funds for biomedical research. row transplantation or chemotherapy for pointments to high-ranking positions, par- Institute a mechanism for the periodic cancer. Second, fundamental research ticularly within the Department of Health evaluation of peer-review procedures, uti- spawned the biotechnology industry, of and Human Services. In recent administra- lizing scientists from inside and outside the which our nation is the undisputed leader. tions it has become commonplace to con- government. Biotechnology is a growing contributor to sider political views on issues such as abor- Facilitate the application of fundamental our economy, a source of diverse and grati- tion and the use of fetal tissue in research. discoveries by encouraging technology re- fying employment, a stimulus to allied in- This tendency has compromised our ability search in the private sector. dustries that produce the materials required to select leaders on the basis of their sci- Ensure that new departures by the NIH and for molecular research and development entific accomplishments and their capacity NSF in education and technology do not di- (R&D), and a vigorous partner to our aca- to manage complex programs and make ob- minish the support of basic research. demic institutions in the war against dis- Strengthen the position of the presidential jective decisions. ease. advisor on science and technology. These administrative problems have been Create a program for long-term investment CHALLENGES TO BIOMEDICAL RESEARCH compounded by confusion over the goals of in research laboratories and equipment. Despite the progress, preeminence, and federally supported biomedical research. Increase federal attention to science edu- promise of American biomedical research, Economic woes have encouraged call for in- cation.’’ the enterprise is threatened by inadequate creased application of current knowledge to

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00075 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.002 H26JY0 July 26, 2000 CONGRESSIONAL RECORD—HOUSE 16499 practical problems in all branches of science. search. Development of new strategies, pro- 3. This policy forum is based in part on a These appeals have special resonance in bio- grams, and funding mechanisms should in- statement prepared in November 1992 by the medical science now that so many opportuni- clude the active participation of the sci- Joint Steering Committee for Public Policy, ties for practical applications are at hand. In entific community and not originate solely representing the American Society for Cell recent months such calls for applied science from administrative directives. Biology, the American Society for Bio- have gained further prominence because they (3) Institute a mechanism for the periodic chemistry and Molecular Biology, the Bio- have been championed by National Science evaluation of peer-review procedures, uti- physical Society, and the Genetics Society of Foundation (NSF) director Walter Massey lizing scientists from inside and outside the America. and Representative George Brown (D–CA), a government. Efforts should be made to en- long-time friend of science. (1) sure that the thematic alignments of review STATEMENT OF PURPOSE FOR THE BIOMEDICAL Claims that ‘‘society needs to negotiate a panels accurately reflect contemporary RESEARCH CAUCUS new contract with the scientific community progress and opportunities in biomedical re- To broaden support and knowledge of basic . . . rooted in the pursuit of explicit, search. and clinical biomedical research issues longterm social goals’’ (2) are, however, (4) Facilitate the application of funda- throughout the Congress in a bipartisan based on debatable assumptions and threaten mental discoveries by encouraging tech- manner. the viability of our greatest asset—basic re- nology research in the private sector, To support the excellent work of existing search. Such claims imply that basis re- culmulating alliances between industry and Committees and Members with jurisdiction search has become an entitlement program, academia, and clarifying the federal areas of over National Institutes of Health, National although evidence shows it to be under- conflict of interest. Science Foundation, science research and funded. They presume that basic and applied (5) Ensure that new departures by the NIH health issues. The caucus seeks to augment research can be unambiguously distin- and NSF in education and technology do not their work. guished, although the experimental objective diminish the support of basic research. If the To encourage careers for men and women of academic and industrial sectors of bio- Administration or Congress provides new in biomedical research among all segments medical research are often synonymous. mandates or new requirements for the NIH of our society by ensuring stability and vi- They seem to deny that science has produced and NSF, it should also provide the nec- tality in the programs at the National Insti- benefits for society, although its positive ef- essary additional funds. fects on health and the economy can be read- tutes of Health and the National Science (6) Strengthen the position of the presi- Foundation. ily measured. Finally, in asking that feder- dential adviser on science and technology. ally supported academic investigators be- To inform and educate the Congress about The adviser should have strong credentials come responsible for practical applications, potential and actual advances in health care as a scientist and as an administrator, be they ignore the demonstrated ability of the made by our investment in biomedical re- alert to contemporary developments in both biotechnology and pharmaceutical industries search. Also, we will explore future advances the biological and physical sciences, be en- to develop the fruits of basic science. that could be achieved with increase support. Enactment of policies that favor practical couraged to consult the diverse representa- To maintain our economic advantage in applications over basic science or narrowly tives of the research community, and have world markets in biomedical research and defined objectives over scientific excellence regular access to the president and vice resulting biotechnology enterprises. is likely to come at the expense of tradi- president. To provide an educational forum for dis- tional, broadly conceived explorations of bi- (7) Establish the NIH as an independent cussion and exchange of ideas on issues in- ology. At this stage in the growth of bio- federal agency and consolidate the authority volving biomedical research. medical science, when major discoveries are of the director over the individual institutes. Biomedical Research Caucus Co-Chairs: still unpredictable, this sacrifice would jeop- (8) Apply appropriate criteria to the choice Congressman George W. Gekas, Congress- ardize the scientific progress required for so- of science administrators. Appointments woman Nancy Pelosi, Congressman Sonny cial benefits and economic growth in the fu- should be based on stature in the research Callahan, and Congressman Ken Bentsen. ture. This year, for example, the NSP budget community and administrative ability rath- CONGRESSIONAL BIOMEDICAL RESEARCH for basic research declined, despite an over- er than on political and religious consider- CAUCUS ations. all increase that benefited more applied 2000 SCHEDULE OF EVENTS areas. (9) Implement a uniform and comprehen- The long-range future of biomedical sible policy for indirect costs that provides March 1, 1999, Angiogenesis in Health and science is also jeopardized by the deteriora- incentives to institutions for cost savings Disease, Napoleone Ferrara, Genentech, Inc. tion of our educational programs in math and ensure that the funds will be used only March 29, 2000, Caucus 10th Anniversary and science. Academic institutions and the to support the infrastructure required for re- Commemoration, Harold Varmus, Memorial biotechnology and pharmaceutical industries search. Sloan-Kettering Cancer Center. depend on the nation’s schools to supply a (10) Create a program for long-term invest- April 4, 2000, Using Genomics to Study competent work force by stimulating inter- ment in research laboratories and equipment Human History, Mary-Claire King, Univer- est in scientific thought and by training stu- based on peer review of merit and need rath- sity of Washington. dents in scientific methods. Many indicators er than on political affiliations May 3, 2000, Race and Ethnicity in Human show that we are failing to achieve these (11) Increase federal attention to science Health and Disease, Harold Freeman, North goals, especially with students in their early education. Measures could include the devel- General Hospital, New York. school years and when our performance is opment and dissemination of new curricula June 7, 2000, Metastasis: How Cancer Cell compared to those of other countries. We are and textbooks, enrichment programs for es- Invade the Body, Richard Hynes, Massachu- also failing to produce an informed public tablished teachers, improvements in the setts Institute of Technology. that can respond intelligently to scientific training of science teachers, and scholar- July 12, 2000, Bioinformatics and Human advances. ships and other incentives for prospective Health, David Bolstein, Stanford University. September 6, 2000, The Crisis at Academic RECOMMENDATIONS science teachers. Health Centers, Samuel Thier, Partners If the United States is to realize the prom- CONCLUSION HealthCare System, Inc. ise of science for our society, the new Ad- We look to our new president and vice October 4, 2000, Pharmacogenetics & ministration should take action on several president for leadership in fulfilling the Genomics: Tailor-Made Therapies, Elliot fronts. promise of science for our nation. We hope Sigal, Bristol-Myers Squibb. (1) Develop an economic strategy for opti- that they will not fall prey to the view that CONGRESS OF THE UNITED STATES, mizing investment in biomedical research, the problems of our society might be solved HOUSE OF REPRESENTATIVES, which would take into account the new op- by a shift in emphasis from basic science to Washington, DC, June 7, 2000. portunities that have been made available by applied research. Instead, the U.S. federal the recent revolution in biology, the poten- JOIN MEINCOSPONSORING H.R. 2399 THE NA- government should act decisively and soon TIONAL COMMISSION FOR THE NEW NATIONAL tial for reducing health-care costs, and the to revitalize the support of fundamental as benefits to agriculture and industry. Until a GOAL: THE ADVANCEMENT OF GLOBAL well as applied research. President Clinton HEALTH full evaluation has been completed, we rec- and Vice President Gore have spoken clearly DEAR COLLEAGUE: The entire world ac- ommend increasing the NIH budget by 15% on health care, economic policy, and edu- knowledges that the 20th century was en- per year, which would double the budget in cation. We ask them to do the same on the gaged by our nation’s leadership in the re- current dollars by 1998. This increase would issues that confront science (3). provide funds for approximately 30% of ap- moval of the threat of totalitarianism and of proved grants, thereby retaining healthy REFERENCE AND NOTES world communism. The national goals were competition and exploring the major areas of 1. D. Thompson, * * * 140, 84 (25 November the safeguarding and expansion of democracy scientific opportunity. 1992). through the maintenance of military and po- (2) Generate a comprehensive plan for the 2. G. Brown, Los Angeles Times (8 Sep- litical power. With the fall of the Berlin best use of federal funds for biomedical re- tember 1992), P. 12. Wall, these goals were made a reality. As we

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00076 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.002 H26JY0 16500 CONGRESSIONAL RECORD—HOUSE July 26, 2000 approach the beginning of the 21st century, (3) The end of global conflict and the end of this paragraph may be an officer or employee America has a unique opportunity to chan- the Cold War, now guaranteed by the power of the Federal Government. nel the genius of its technology, industrial and leadership of the United States, allow (c) CONTINUATION OF MEMBERSHIP.—If a might, scientific research and dedicated will the Nation to establish new goals for the 21st member was appointed to the Commission as of our people into a positive goal equal to century. a Member of Congress and the member the 20th century challenge of defeating total- (4) The United States, the world leader in ceases to be a Member of Congress, that itarianism. Today, it is time to rechannel the research, development, and production of member may continue as a member for not these tremendous energies to an all-out ef- technologies, medicines, and methodologies longer than the 30-day period beginning on fort to enhance the health of Americans and utilized to prevent and cure disease, has es- the date that member ceases to be a Member to combat disease worldwide. tablished a Center for Vaccine Development of Congress. America has both humanitarian and en- at the National Institutes of Health that (d) TERMS.—Each member shall be ap- lightened, self-interested reasons to commit could assist in the global control of infec- pointed for the life of the Commission. to the global eradication of disease—such ac- tious diseases. Infectious disease is the num- (e) BASIC PAY.—Members shall serve with- complishments would protect our citizens, ber one global health challenge killing 11 out pay. improve the quality of life, enhance our million people globally and 180,000 people in (f) QUORUM.—Nine members of the Commis- economy, and ensure the continued advance- the United States and is the third leading sion shall constitute a quorum but a lesser ment of American interests worldwide. While cause of death in the United States. The number may hold hearings. the actual eradication of disease on a global United States has the resources, through the (g) CHAIRPERSON; VICE CHAIRPERSON.—The scale may not be possible, the pursuit of National Institutes of Health and the Na- Chairperson and Vice Chairperson of the such a goal could lead to new products in tional Science Foundation, to expand health Commission shall be designated by the Presi- health care, new medicines, and new meth- research information globally through the dent at the time of the appointment. ods of treating disease. use of Internet conferencing and dissemina- (h) MEETINGS.—The Commission shall meet On June 30, 1999, I introduced H.R. 2399, the tion of data. monthly or at the call of a majority of its National Commission for the New National members. Goal: The Advancement of Global Health SEC. 3. ESTABLISHMENT. SEC. 6. POWERS OF COMMISSION. Act. This legislation would create a Presi- There is established a commission to be dential/Congressional commission to inves- known as the ‘‘National Commission for the (a) HEARINGS AND SESSIONS.—The Commis- tigate how we as a nation can commit our- New National Goal: The Advancement of sion may, for the purpose of carrying out selves to the goal of the global eradication of Global Health’’ (in this Act referred to as the this Act, hold hearings, sit and act at times disease. Specifically, this commission would ‘‘Commission’’). and places, take testimony, and receive evi- recommend to Congress a nationwide strat- SEC. 4. DUTIES OF COMMISSION. dence as the Commission considers appro- egy of coordination among governmental The Commission shall recommend to the priate. health agencies, academia, industry, and Congress a national strategy for coordi- (b) POWERS OF MEMBERS AND AGENTS.—Any other institutions and organizations that are nating governmental, academic, and public member or agent of the Commission may, if established for the purpose of preventing and and private health care entities for the pur- authorized by the Commission, take any ac- eradicating diseases. pose of the global eradication of disease. The tion which the Commission is authorized to In order to accomplish these objectives, Commission shall address how the United take by this section. H.R. 2399 sets two tangible goals for the States may assist in the global control of in- (c) OBTAINING OFFICIAL DATA.—The Com- Commission. First, the Commission would fectious diseases through the development of mission may secure directly from any de- assist the Center for Vaccine Development at vaccines and the sharing of health research partment or agency of the United States in- NIH to achieve global control of infectious information on the Internet. formation necessary to enable it to carry out diseases. In addition, the Commission would SEC. 5. MEMBERSHIP. this Act. Upon request of the Chairperson or use NIH and NSF to expand health resources (a) MEMBERSHIP OF THE COMMISSION.—The Vice Chairperson of the Commission, the and research information globally through Commission shall consist of individuals who head of that department or agency shall fur- Internet conferencing and data dissemina- are of recognized standing and distinction nish that information to the Commission. tion capabilities. The Commission would be and who possess the demonstrated capacity (d) GIFTS, BEQUESTS, AND DEVISES.— The authorized to spend up to $1 million as seed to discharge the duties imposed on the Com- Commission may accept, use, and dispose of money to coordinate and attract private and mission, and shall include representatives of gifts, bequests, or devises of services or prop- public funds, both at home and abroad, to the public, private, and academic areas erty, both real and personal, for the purpose reach these goals. whose capacity is based on a special knowl- of aiding or facilitating the work of the Com- The knowledge and unbounded imagination edge, such as computer sciences or the use of mission. Gifts, bequests, or devises of money of our researchers, doctors and scientists the Internet for medical conferencing, or ex- and proceeds from sales of other property re- have ensured the preeminence of research pertise in medical research or related areas. ceived as gifts, bequests, or devises shall be that has fostered our freedom and economic (b) NUMBER AND APPOINTMENT.—The Com- deposited in the Treasury and shall be avail- well being. Now, we can empower these indi- mission shall be composed of 15 members ap- able for disbursement upon order of the viduals in a all-out effort to devise the meth- pointed as follows: Chairperson or Commission. For purposes of ods and substances to eradicate disease (1) The Secretary of Health and Human Federal income, estate, and gift taxes, prop- worldwide. The concern for human life re- Services (or the Secretary’s delegate). erty accepted under this subsection shall be quires us to muster all available resources, (2) The Chairman of the Federal Trade considered as a gift, bequest, or devise to the bolstered by a concerted, dedicated will to Commission. United States. eradicate diseases from the face of the Earth. (3) The Director of the National Institutes (e) MAILS.—The Commission may use the Please join me and Rep. John Porter in co- of Health. United States mails in the same manner and sponsoring this important legislation. If you (4) The Director of the National Science under the same conditions as other depart- have any questions about this proposal, or Foundation. ments and agencies of the United States. would like to become a cosponsor, please (5) 3 Members of the Senate appointed (f) ADMINISTRATIVE SUPPORT SERVICES.— contract Matt Zonarich at 5–4315. jointly by the President of the Senate and Upon the request of the Commission, the Ad- Very truly yours, the President pro tempore. Not more than 2 ministrator of General Services shall provide GEORGE W. GEKAS, members appointed under this paragraph to the Commission, on a reimbursable basis, Member of Congress. may be of the same political party. the administrative support services nec- H.R. 2399 (6) 3 Members of the House of Representa- essary for the Commission to carry out its Be it enacted by the Senate and House of Rep- tives appointed by the Speaker of the House responsibilities under this Act. resentatives of the United States of America in of Representatives. Not more than 2 mem- (g) CONTRACT AUTHORITY.— The Commis- Congress assembled, bers appointed under this paragraph may be sion may contract with and compensate gov- SECTION 1. SHORT TITLE. of the same political party. ernment and private agencies or persons for This Act may be cited as the ‘‘National (7) 2 individuals appointed by the Presi- administrative and other services, without Commission for the New National Goal: The dent, by and with the advice and consent of regard to section 3709 of the Revised Stat- Advancement of Global Health Act’’. the Senate, from among individuals who are utes (41 U.S.C. 5). SEC. 2. FINDINGS. not officers or employees of any government SEC. 7. REPORTS. The Congress makes the following findings: and who are specially qualified to serve on (a) INTERIM REPORTS.—The Commission (1) During the 20th century the United the Commission by virtue of their education, may submit to the President and the Con- States led the world in defeating totali- training, or experience. gress interim reports as the Commission con- tarianism and communism. (8) 3 individuals appointed by the President siders appropriate. (2) The United States also led the world in from among individuals who will represent (b) FINAL REPORT.—The Commission shall spreading and establishing democracy in the views of recipients of health services. transmit a final report to the President and every region. Not more than 1 member appointed under the Congress not later than 12 months after

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00077 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.002 H26JY0 July 26, 2000 CONGRESSIONAL RECORD—HOUSE 16501 the date of enactment of this Act. The final genetic fingerprint of a person’s cancer cures and bring about a no cost to that report shall contain a detailed statement of cells will be used to create a drug that kind of particular tumor or cancer that the findings and conclusions of the Commis- will attack only the cancer cells and has taken the life of someone? We will sion, together with its recommendations for render targeted treatment which is not only have saved the life and other legislative, administrative, or other actions, as the Commission considers appropriate. more effective and safe. In other words, lives and prevent it, but the costs of SEC. 8. TERMINATION. hit the cancer cells and do not allow health care go down proportionately. The Commission shall terminate 30 days this other destruction of tissues that Look at diabetes. In 1997, $44 billion after submitting its final report pursuant to so often this day and age while some- actually spent, $54 billion of indirect section 7. times helping to cure the cancer kills costs, $98 billion in costs for just that, SEC. 9. EFFECTIVE DATE. the patient because of the reduction of in one year, 1997. As we know, diabetes, This Act shall take effect 60 days after the vital tissues in other parts of the body. back to kidney disease and other con- date of its enactment. These are living species that we are sequences of diabetes, the costs and the SEC. 10. AUTHORIZATION OF APPROPRIATIONS. talking about. We will have effective effects all mount up to the detriment There are authorized to be appropriated vaccines for infectious diseases such as of the American people. We are out to not to exceed $1,000,000 for fiscal year 2000 for the National Institutes of Health to carry AIDS, tuberculosis and malaria. New stem the tide of these adverse effects out coordination activities under this Act science on the brain will lead to the on our fellow Americans. And so on and with the Commission, the National Science treatments for alcoholism, drug abuse so forth. Foundation, and other appropriate groups to and mental illness. What this new Look at pulmonary diseases in 1998, transfer health research information on the funding brings about is progress in all $21 billion. Kidney and urological dis- Internet and to transfer the benefits of the of these things. Improvements in the eases in 1985, $26 billion. Stroke, $28 infectious disease vaccine development pro- treatment and prevention of disease billion. And so on and so forth. No won- gram. are dependent on the generation of new der we have rising health care costs. SEC. 11. BUDGET ACT COMPLIANCE. All the more reason why we should be Any spending authority (as defined in sub- ideas. We all know that. paragraphs (A) and (C) of section 401(c)(2) of The speed of discovery can be accel- devoting our efforts, legislative and fi- the Congressional Budget Act of 1974 (2 erated by devoting greater resources to nancial, fiscally, fiscal concentration, U.S.C. 651(c)(2)(A) and (C))) authorized by the NIH and the National Science on defeating some of these diseases this Act shall be effective only to such ex- Foundation budgets. We have been say- that plague us as they are doing. So we tent and in such amounts as are provided in ing that, we will resay it, it is impor- save lives and while we are doing it, appropriation Acts. tant to restate it as often as possible, not an inconsequential thing, we save Mr. GEKAS. Mr. Speaker, we have but it is absolutely vital. taxpayers’ money. here a little poster that tells the story One thing I want to mention, that Now, what I want to do, also, is to and tells you the intricate number of not only do we along the way start to mention here that in support of the steps and areas in which we are in- discover methodologies for preventing NIH and all these efforts, about 10 volved on behalf of the American peo- disease but there is a side dividend to years ago we developed a very unique ple. That is the important thing. Are the American people for all of this, be- lecture series here in the Capitol. The you not interested as an American in cause as we begin to treat and, let us Biomedical Research Caucus as we the person down the street who has say, cure kidney disease, just to give framed it at that time was going to cancer and might be dying from can- you an example, we would be saving bring and has brought scientists of the cer? Are you not concerned about him? millions and millions of dollars to the first order to the Capitol to explain the How about your own child who might American taxpayers, to the Federal latest developments and bring us up to need a new device, a new biotechnical budget, to the local budgets by bring- date on what is happening in the field device to sustain life? How about an el- ing about a closure to this terrible dis- of women’s breast cancer or Alz- derly person that is beginning to be af- ease. heimer’s disease or Parkinson’s dis- flicted by Alzheimer’s? Do we not want And when you add that combined ease. Just today, we had a wonderful to do something about this? That is with kidney disease are blindness, hy- lecture by astronauts and astronaut what we are going to be doing in the pertension, all other kinds of side mal- scientists, NASA scientists on micro- continued work of the National Insti- adies, bringing them all into a cure or gravity and some of the things that are tutes of Health. And doubling it will preventive methodology means that we being discovered in space that help us increase the focus and effort on every will be saving not just the pain and suf- here on Earth to early detection of cer- one of these diseases that can plague fering which are reason enough to try tain diseases and prevention of other your family or the people down the to do this but to have the added benefit diseases, and the cure of some diseases. street. of reduced health care costs which is so Why? Because we are engaged in For instance, the human genome much on the mind of all the Members while we are funding space projects, project will enable doctors to identify of the Congress and on the members of marrying them to the National Insti- individuals at increased risk for dis- the public, knowing what bills they tutes of Health so that the new science eases like hypertension and stroke, have for pharmaceuticals, for doctors of the space age can be adopted and glaucoma, osteoporosis, Alzheimer’s or bills, for HMOs, for hospital care, all of adapted to human endeavors here on severe depression. These are not just the various expenses to keep us Earth, blending every new advance labels that we throw out. These are liv- healthy. that we make, in space and on Earth. ing organisms of disease that are kill- We will, as we progress towards dou- Which brings me to something poign- ing us, that are hurting us as an Amer- bling this effort of funding, come to a ant in what we have been trying to say ican people; and we are trying through point where we are also saving money. here. In one of our recent lectures on this effort to reduce the pain and suf- That should be good news because that June 7, 2000, the subject was, just to fering and to eliminate the early is one of our duties as Members of Con- give you an example, metastasis, how deaths that so hurt our Nation. gress, not just to bring about an invest- cancer cells invade the body. We all Our ultimate goal will be to find ment in trying to prevent disease but know what metastasis is. That is, a ways to prevent the development of also to do it as economically and with discovered tumor, even though excised progression of these diseases and de- as much saving of taxpayers’ money as from the body, can still result in the sign ways to intervene to prevent the possible. destruction of that individual, the development of these horrific diseases Just to give you an example, in 1994, death of that individual through me- as we have said. Cancer therapy will the direct costs for cancer, in billions, tastasis, that it spreads to other vital change. Physicians will be able to cus- $41 billion was spent. Indirect costs, parts of a body and the surgeons and tomize cancer treatment by knowing a some $68 billion. So the total cost for the medical people are helpless to stem molecular fingerprint of a patient’s cancer in 1994, $110 billion. What hap- the tide of this metastasis, this spread- tumor. That is important work. The pens if we start to focus on certain ing of the tumor.

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00078 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.002 H26JY0 16502 CONGRESSIONAL RECORD—HOUSE July 26, 2000 Ironically, one of the stronger figures and it abuts the Johnson Space Center; through the NIH for clinical research in our enterprise, a lady by the name of and the Texas Medical Center is the projects in fiscal year 1999 alone. For Belle Cummins, an attorney who has first biomedical research center of many of these scientists, the NIH fund- been helping us for years in all these NASA. ing is critically important to funding projects and was very close to the sci- It is a joint project between NASA their research and without it, they entists and to the legislators and knew and Baylor College of Medicine, Rice would not be able to test new thera- the subject matter back and forth, was University and several other institu- pies. very helpful, as I say, on every detail of tions, including some other institu- Today with many academic medical our massive enterprise here, herself tions around the country. centers struggling to maintain their was struck with cancer, a rare form of This is something that the NASA ad- mission of training our Nation’s health cancer, actually. But the cause of final ministrator, Dan Golden, and his peo- care professionals with the advent of death was the metastasis, the irrev- ple came up with early on as an idea of managed care, providing quality health erent spreading of this cancer to other how to leverage both the basic sci- care services and conducting clinical parts of the body which killed her and entific research being done at NASA, research, it is critical, it is critical robbed us of a friendly agent in the gi- with the medical research being done that they have adequate resources gantic enterprise in which we have at our medical institutions with the from the NIH. found ourselves here. hope that this type of leveraging can Mr. Speaker, I also believe that in- The other kinds of subject matter we go on in other areas beyond medical re- vesting in the NIH helps our economy had, just in the year 2000, we have had search. to grow. For every dollar spent on re- some 90 sessions on Capitol Hill since But it would not have happened, it search and development, our national we started this program and among the would not have happened had it not output is permanently increased by 50 people who lectured to us were a hand- been for the seed capital put in by the cents or more each year. There are not ful, six or seven or eight, Nobel win- Congress through the National Insti- many government programs we can ners. I sometimes jokingly say they tutes of Health and through the Medi- find that have that kind of yield on in- won the Nobel because they came and care program and other programs that vestment. lectured to us, because we brought have established these academic med- The government funds the basic re- them to Capitol Hill. That is not ex- ical centers which now are true labora- search with which biotechnology and actly the case. But the point is that we tories for growth. It is a tremendous ef- pharmaceutical companies use to cre- have had the latest news that has been fort. ate new therapies and treatments for developed across the globe on the var- I want to say, I am not going to go cancer, diabetes and heart disease and ious diseases, from cloning and the ge- through my whole statement, I will the like. nome project, the mapping of the submit most of it for the RECORD, but A lot of our colleagues may say, why human gene, all of these things are a I do have the honor of being one of the should we not just allow the private part of the regular routine of our Bio- cochairs with the gentleman from sector to fully fund this? The fact re- medical Research Caucus, keeping all Pennsylvania (Mr. GEKAS), he is the mains that there is a lot of research the Members of Congress aware of the real chair, we just work for him in this where the private sector will not go. various developments. process. He is absolutely correct on H. The risk is far too great, and there is a I see sitting with us one of the mem- Res. 437, a sense of the House that the large gap there, which only a public en- bers of the Biomedical Research Cau- House should provide an additional $2.7 tity, in this case, the Federal Govern- cus, as a matter of fact one of the co- billion for the National Institutes of ment, can fill that gap. chairs, the gentleman from Texas (Mr. Health budget for fiscal year 2001. It can underwrite that risk and, yet, BENTSEN). I wish to yield to him now This is one of the best things we even doing that, we know that there is for the purpose of adding his com- could do in the United States in terms a tremendous return, not only in the mentary to this special order. of what it does to continue to try and better well-being and health of our citi- Mr. BENTSEN. I thank my colleague find cures for diseases that ail our pop- zens, which should be our first concern, from Pennsylvania for yielding. Let me ulace and the populace of the world. but there is an economic return in the say, Mr. Speaker, at the outset that People do not realize that we have a long run to the general economy of the the gentleman from Pennsylvania (Mr. quarter of a million people who come United States, and that is a benefit I GEKAS) is the real driving force behind to this country every year seeking think all of us can be proud of. this particular effort in doubling the medical treatment, because we have Let me just finally say that we are NIH budget as well as in the entire the best medical treatment in the all extremely excited with the an- Congressional Biomedical Caucus. world in the United States, and that is nouncement just this past month that I think all Members of the House and because of the leverage done off of the the scientists who were mapping the the American people owe him a great NIH. human genome have made significant debt of gratitude for the tireless work This resolution would help to ensure discoveries and are on the cusp of final- that he has put into this effort. I also that more scientists and doctors and izing that project. want to join with him in his comments researchers have the resources to con- I was honored that Baylor College of regarding Belle Cummins. It was a tre- duct the cutting edge research. Today, Medicine is one of the three research mendous loss to this effort and to only one-third of NIH peer-reviewed, organizations that are part of the NIH many of us personally for the work merit-based grants are funded, and this program. I met with the officials from that she had done in her tireless effort. additional investment would allow us the researchers from Baylor on numer- She will be greatly missed. But perhaps to increase the number awarded each ous occasions about this program that in her loss, that should afford us the year and ensure, particularly, that the they are doing, and I know that at one ability to redouble our efforts in trying younger scientists have the resources point it appeared there was a race be- to achieve the goal that she so much that they need to find the cures to save tween the Federally funded project sought to see the Congress achieve. the lives of so many Americans. with worldwide assistance and the pri- I am also convinced that this addi- vate project that was being done. But I b 1830 tional 50 percent investment in NIH is think it goes without saying, had NIH I also want to add, before I get to my being wisely used. There are more than not been there at the beginning, not prepared statement, my comments re- 50,000 scientists across the United funded this, we would not have seen a garding the marriage of medical re- States who directly benefit from NIH private entity come in to it. search and scientific research, because, research funds. Furthermore, and I have talked with in fact, in my congressional district At the Texas Medical Center, which I many of the researchers about this, that I have the honor of representing, mentioned is in the district I represent, had there not been a Federal public do- it includes the Texas Medical Center there was a total of $289 million funded main involvement in something as

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00079 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.002 H26JY0 July 26, 2000 CONGRESSIONAL RECORD—HOUSE 16503 critical as the human genome project, I search. As managed care plans reducing re- behalf of the National Institutes of think it is unlikely that we would have imbursements for health care services, the Health, and after a number of searches had the early commitment that the NIH funding helps to ensure that this mission of memory as to how this all began, we data that has been found will be data is achieved. concluded that the starting point was that is part of the public domain and I also believe that investing in the NIH helps an article written by scientists inter- not something that is down at the Pat- our economy to grow. For every dollar spent ested in expanding the avenue towards ent Office that says that the future on research and development, our national increased research. treatment that can be so critical to the output is permanently increased by 50 cents In 1993, the magazine Science pub- future well-being of the American citi- or more each year. The government funds the lished a call for action by two Nobel zenry is something that we would have basic research which biotechnology and phar- Peace Laureates and other science to go through a copyright and pay a maceutical companies use to create new leaders like Dr. Michael Bishop, Harold premium for as opposed to something therapies and treatments for cancer, diabetes, Varmus and Mark Kirschner, who at that we as Americans can all enjoy the and heart disease. that time pleaded with their govern- opportunity of. As the representative for the Texas Medical ment and their Congress to double the So I think it is a testament to the Center, one of our nation’s premiere research amounts of Federal funding for the work of the NIH, and I would just say centers, I have seen firsthand that this invest- basic research being undertaken by the to my colleague, the gentleman from ment is yielding promising new therapies and National Institutes of Health over a pe- Pennsylvania (Mr. GEKAS), that, once treatments for all Americans. Just this month, riod of 5 years. again, on this particular issue, and it was announced by Baylor College of Medi- This was not the enterprise of some there are other issues as well, but on cine and 2 other research organizations have creative lobbyists, but rather born this particular issue, he is very much reached their goal of mapping the human ge- from the thoughtful rationale and sci- on the right track, taking a leadership nome. With this genetic map, researchers will entific deliberations of some of the role in saying that the United States have the information they need to develop foremost minds in science. taxpayers should put its resources be- new treatments to cure diseases such as can- When Members of this great Chamber hind funding and doubling the budget cer, heart disease, AIDS, and Alzheimer’s. At consider their votes for the consistent for the NIH. Baylor College of Medicine, the NIH funding is and substantial increases in funding of We get a tremendous return for our leading to new information about pediatric basic research at the National Insti- well-being, and I commend the gen- AIDS treatments, tuberculosis, and prostate tutes of Health and the National tleman for once again taking the lead cancer treatments. Science Foundation, they can rely with on this and this resolution. I look for- As a member of the House Budget Com- great confidence on the fact that these ward to continuing to working with mittee, I coauthored an amendment to add scientists placed their entire reputa- him on this until we achieve that goal $2.7 billion to the NIH’s budget. Although the tions on the line in making rec- of doubling it over the 10-year period. NIH amendment was not successful, I believe ommendation that the government and Mr. Speaker, I rise today in strong support it is critically important to continue to remind the Congress continue to expand their of H. Res. 437, a Sense of the House of Res- my colleagues of the potential for success with investment of Federal dollars in basic olution that the House of Representatives more investment in biomedical research. For research. So there we have it. should provide an additional $2.7 billion for the many families, maximizing the NIH budget is Dr. Kirschner, Bishop and Varmus National Institutes of Health (NIH’s) budget for an important part of their efforts to fight and preeminent scientists who thought it Fiscal Year 2001. This $2.7 billion investment beat chronic diseases such as heart disease would be a great idea if we could dou- would be the third installment on our five-year and diabetes. As we learn more about the mo- ble the effort of the NIH to get sci- effort to double the NIH’s budget. lecular basis for disease, we can bring new entists to focus on new research and As one of four Co-Chairs of the Congres- tools to defeat diseases and save lives. continued expanded research. We seized sional Biomedical Caucus, I have strongly As part of the Congressional Biomedical upon that, certain Members of Con- supported providing maximum resources for Caucus, we have also sponsored luncheons to gress, and thought that was a light biomedical research conducted at the NIH. discuss biomedical topics in Congress. These bulb for the Congress upon which to be- This $2.7 billion investment in NIH’s budget well attended luncheons provide an oppor- come enlightened as to progress that will help to save lives and improve our inter- tunity for Congress and staff to learn about can be made. national competitiveness. Our nation’s bio- new research programs which have been And from that, emerged the effort medical research is the envy of the world, but funded by the NIH-sponsored grants. This about which we speak here tonight, the we must continue this investment to ensure first-hand information will help to highlight how resolution to double the effort. We that we maintain this preeminence. well these resources are being used. picked up adherence and supporters in This resolution would help to ensure more I strongly urge the House of Representa- the Senate of the United States, and lo scientists have the resources they need to tives to support and become a cosponsor of and behold, again, we are here tonight conduct cutting-edge research. Today, only H. Res. 437, legislation that would provide reporting to the American people that one-third of NIH peer-reviewed, merit-based $2.7 billion more for the NIH’s budget as part we are intent on moving along on this grants are funded. This additional investment of the Fiscal Year 2001 budget process. spiraled staircase towards doubling the would help us to increase the number of In a related matter, a conference is currently funding of the NIH within 5 years. grants awarded each year and ensure that meeting to reconcile the differences between The 3rd year is here upon us, next young scientists have the resources they need the two versions of Fiscal Year 2001 Labor, year we will come back to these Cham- to save lives and cure diseases. Health and Human Services, and Education bers and see how far we have gotten I am also convinced that this additional 50 appropriations bill. I am concerned that the and be able to report to my colleagues percent investment in the NIH is being used House bill includes $18.8 million, a 6 percent even more progress. wisely. Today, there are more than 50,000 sci- increase above this year’s budget. However, I Mr. Speaker, the last item that we entists who directly benefit from NIH research am pleased that the Senate appropriations bill wish to record for my colleagues are funds. At the Texas Medical Center, which I includes the additional $2.7 billion investment some of the recommendations that represent, the NIH provides a total of $289 in the NIH that we need. I strongly urge my have come out of the scientific dia- million for clinical research projects in Fiscal colleagues in this conference committee to logue on this important question. Year 1999. For many of these scientists, the adopt the Senate funding level so that the These great scientists stated, and I NIH funding is critically important to funding NIH’s budget will be doubled over five years. quote, in part, if the United States is their research. Without it, they would not be Mr. GEKAS. Mr. Speaker, we thank to realize the promise of science for our able to test new therapies. Today, many aca- the gentleman from Texas (Mr. BENT- society, the new administration, this demic health centers are struggling to main- SEN) for his very valuable contribution. was back in 1993, should take action on tain their mission of training our nation’s health There is something I always wanted several fronts, and here are bits and care professionals, providing quality health to put in the RECORD to how we got pieces of these several fronts, develop care services, and conducting clinical re- started on this tremendous effort on an economic strategy for optimizing

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00080 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.002 H26JY0 16504 CONGRESSIONAL RECORD—HOUSE July 26, 2000 investment and biomedical research, of the National Institutes of Health, Mrs. CLAYTON. That is correct. and what we are saying is, the doubling and now most recently has transferred Mr. GEKAS. I get North and South of the funding of NIH is one of those his talents to Sloan Kettering in New mixed up once in a while. strategies. York, a renowned scientist, a Nobel Mrs. CLAYTON. South Carolina is Number two, generate a comprehen- winner. good, but North is even better. sive plan for the best use of Federal Mr. GEKAS. I yield to the gentle- b 1815 funds for biomedical research; implicit woman. in what we have said. I mentioned this to him while he was Mrs. CLAYTON. Mr. Speaker, I Institute a mechanism for the peri- director of NIH, that we ought to try to thank the gentleman for his leadership odic evaluation of peer-review proce- do something to try to eradicate dis- on this issue and allowing me to par- dures utilizing scientists from inside ease across the face of the Earth. He ticipate. I think this issue that the and outside the government. That is said, ‘‘George, I don’t think we can ac- gentleman brings before us is exciting very important in the world of health tually eradicate every disease.’’ I said, and has great potential and is critical care, because if one scientist says a-ha, ‘‘I know that, Harold. I know though and needed. I can cure brain cancer overnight, that the effort has to yield progress in the Mr. Speaker, I strongly support the has to be evaluated and reviewed and eradication of disease, even if we fall gentleman from Pennsylvania (Mr. criticized and analyzed, et cetera. short of total eradication of every dis- GEKAS) and others in their effort to The American people know that we ease known to mankind.’’ double the funding for the National In- have a system in place that has checks But the point is that should be the stitutes of Health for research in the and balances in everything we do, not national goal. And if you look at it biomedical field. Research today will the least of which should be in the dis- again, in rounder terms, the goal of be the basis for the discovery of treat- coveries or research breakthroughs eradicating disease that the United ments and prescription drugs that will that we see now on a daily basis. States would undertake would be in its provide much needed benefits tomor- They go on and say facilitate the ap- own self-interest, its own enlightened row. plication of fundamental discoveries by self-interest. Passive investments in biomedical encouraging technology research in the Why? While we are trying to eradi- research have resulted in better health private sector; that goes without say- cate disease or leading the world in and improved quality of life for all ing. Strengthen the position of the those efforts, we are producing new Americans, as well as a reduction in Presidential advisor on science and pharmaceuticals, new biotechnology national health care expenditures. The technology, increase Federal attention devices, new methodologies for treat- Federal Government represents the to science education. ing disease, for discovering new anec- single largest contributor to bio- Do you know what? Without knowing dotes, et cetera. While we are doing medical research conducted in the it, it just dawned on me that about 2 that then, we are creating economic United States and must continue to years ago I introduced a concept, and it fervor, economic opportunities and is in legislation and heading for a hear- play a vital role in the growth of this economic expansion, enterprises of ing in September, on something akin national biotechnology industry. every stripe while marching down the to this, that is, I believe that in the The National Institutes of Health is road towards leading the world, leading 20th century, the one which was just prepared to lead us into a new era of mankind, in the eradication of disease. engulfed us in so many conflicts, so molecular medicine that will provide We are number one in biotechnology many tears, but so much progress at us with unprecedented opportunities now, number one in biomedical re- the same time, this century, our coun- for the prevention, the diagnosis, the search, number one in every effort try was faced with one gigantic goal, treatment, the cure of all diseases that leading towards these things. Why not that goal was to overturn tyranny and currently plague our society. then move towards this goal about repression and to advance democracy, Currently more than 297,000 Ameri- which I speak? to repel tyrannical governments, Com- cans are suffering from AIDS, and hun- munism, Naziism, all of the tyrannical Let me tell you that my bill, the one dreds of thousands more with HIV in- forms that have hurt us so blatantly I have introduced and on which a hear- fections. These Americans, although across the years. Our goal as a Nation ing will be held, as I said in September, still facing serious and life-threatening was to repulse all of that and to estab- would create a commission of the health problems, can benefit from bio- lish and reestablish and ferment de- greatest experts our country can medical and biotechnology advances in mocracy throughout the remainder of produce on how we can begin this the treatment of HIV. Biomedical ad- the world. worldwide enterprise of eradicating vances assist in providing assurances of It dawned on me we ought to be stat- disease from the face of the Earth. It more effective and accessible and af- ing a goal for the next century, for the would employ every sector of our coun- fordable treatment for persons with 21st century. What should that goal be try and all its citizenry, from teaching HIV and the hope of arresting the dis- for the United States of America? In children in first grade about washing ease until a cure is discovered. my judgment, it should be the eradi- their hands before meals and in wash- Patients with debilitating diseases cation of disease from the face of the ing their hands as often as possible, a such as osteoporosis and diabetes, or Earth. simple little gesture, as part of a global life-threatening cervical, breast, and Mr. Speaker, now the goal of repuls- strategy to eradicate disease, not to prostate cancer will benefit from the ing tyranny and establishing democ- mention space exploration and all of further understanding of the principles racy was worthwhile, we would not be the other things about which we have of biometrics. The development of new in a position where we could even talk made mention here today. hard tissue, such as bone and teeth, as about eradication of disease as in a new So from washing one’s hands in kin- well as the study of soft tissue develop- goal, but listen to what has happened. dergarten to climbing to Mars in 3 ment, holds great promise for the de- Our country is the foremost in every years, all of these things can be a part sign of new classes of bio-materials and endeavor of the human mind can gen- of the global effort on the part of the pharmaceuticals, and the diagnosis and erate, in everything. We are the super- United States to eradicate disease from analytical reagents for use in the power. We are the supersuperpower in the face of the Earth; and these mem- treatment of disease and their side ef- everything. We do not want to be just bers of these commissions, the commis- fects. the superpower in military strength, sion that I envision through this legis- We are on the dawn of a biomedical we have the capacity now to lead the lation, could create the steps necessary revolution, and most Americans show world in those efforts that can lead to to begin that enterprise. overwhelming support for an increased the eradication of disease. We have been joined by the gentle- Federal investment in biomedical re- Now, I mentioned this to Dr. Harold woman from North Carolina, is that search to improve the quality of their Varmus, who later became the director correct? lives and of world citizens.

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00081 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.002 H26JY0 July 26, 2000 CONGRESSIONAL RECORD—HOUSE 16505 Again, I support the request to in- show our unwavering commitment to the NIH as demonstrated by the scientists at the Sid- crease by $2.7 billion the budget to the and the important work that they do. That is ney Kimmel Cancer Center in San Diego, are National Institutes of Health to fund why I strongly support doubling the NIH budg- beginning to unlock the secrets of how to ef- biomedical research. American bio- et. fectively combat disease in virtually every cell medical researchers should not have to In addition to the countless health benefits of the body. Anti-angiogenesis—a process wait any longer than necessary to that this will bring to the American people, it which prevents the formation of new blood begin the new generation of discovery will result in savings as well. Every dollar that vessels which feed the cancer as it multi- that awaits them and to benefit the we invest, particularly in preventive medicine, plies—offers great hope. The progress being overall health of our great Nation and will reduce hospitalization and the costs of made in San Diego research institutes suggest the world. treating a disease that we can cure. Diabetes that the accelerating pace of laboratory dis- Again, I thank the gentleman for al- is a prime example of this. It is estimated that coveries will soon be translated into innovative lowing me to participate. one out of every ten health care dollars in the treatments. In San Diego, basic science Mr. GEKAS. I thank the gentle- United States and one out of every four Medi- break-throughs are happening at the Univer- woman. care dollars is spent on diabetes care. If we sity of California, San Diego (UCSD)—one of Mr. Speaker, to bring to a close our invest enough money to follow all the prom- the largest recipients of NIH funding in the special Special Order, I just want to re- ising leads that the congressionally-mandated country—and also at the Salk Institute, the peat some of the promises that lie Diabetes Research Working Group has identi- Burnham Institute, and the Scripps Research ahead with the continued development fied, we can cure this disease. We should do Institute. And, the most dramatic results of of our research capability: new ways to that. Just think what it would mean to the 16 these scientific advances may be dem- relieve pain, that goes without saying; million Americans, and their families, who suf- onstrated when they work in combination with medications for the treatment of alco- fer from this disease. As Vice-Chair of the chemotherapy, radiation, and surgery. holism and drug addiction; clinical House Diabetes Caucus, I urge all of my col- At the University of California at San Diego, trials database to help the public gain leagues to support this investment in finding a for example, Dr. Mark Tuszynski has received access to information about all of these cure. And it truly is a cost-effective, life-saving approval from the FDA to test a form of gene trials through the Internet and investment. In this time of unparalleled pros- therapy in humans with the dreaded Alz- through other devices that we have. perity, there is no reason that we can’t do it. heimer’s disease. Alzheimer’s now afflicts 4 I see our colleague, the gentleman Alzheimer’s, arthritis, multiple sclerosis, million Americans, a number which is pro- from Iowa (Mr. GANSKE), who is seated osteoporosis, diabetes, cancer, autism, jected to grow to 8 million in this country alone here, ready to take a Special Order on macular degeneration and on and on—we all by the year 2020. Dr. Tuszynski will surgically his own. Just today he and I had a dis- have family, friends, constituents who are af- implant genetically modified cells into the cussion about the Patients’ Bill of fected by these diseases in one way or an- brains of human volunteers to determine if we Rights and the pharmaceuticals and all other. Particularly as our older population con- can slow the progression of Alzheimer’s dis- of that, which is a part of all of this; tinues to grow, we need to increase our com- ease and enhance the function of some of the and I maintain if we can pass our bill mitment to health care. An appropriate invest- remaining brain cells. and establish this commission to look ment now, when the resources are available, Mr. Speaker, charitable contributions and at all the phases of health care for the will translate into immeasurable savings, both the scholarship of great universities and re- eradication of disease, that the plight in human life and in dollars, down the road. search institutes play important roles in the of our teaching hospitals, patient care, This is truly an investment in our future. evolution of our scientific success. It is through pharmaceuticals, everything that wor- Let’s make this commitment and let science the investsment of significant Federal dollars ries us on a daily basis, can be placed show us how we can all live healthier, happier, in the National Institutes of Health that we can in a proper order to take the lead glob- longer lives. combine all of these positive forces to realize ally in the eradication of disease. Mr. FILNER. Mr. Speaker, I rise today in the medical miracles on our horizon. NIH pro- Mr. PACKARD. Mr. Speaker, I urge my col- support of doubling the budget of the National motes the research and coordinates the leagues to support increased funding for the Institutes of Health to further life-saving re- science. NIH helps to develop new skills of National Institutes of Health (NIH). The NIH is search. scientific investigators, and provides the stim- the pre-eminent biomedical research enter- The world is at the cutting edge of bio- ulus for the emergence of new technologies. prise in the world, relied on for its innovation medical research breakthroughs that will alter I am privileged to represent San Diego, the by countries spanning the developing and in- forever the age-old battle of humans against biotech capital of the world. What we do in dustrialized world. The vast bulk of the NIH disease. The discovery of cures for most life San Diego in collaboration with scientists funding we appropriate goes to the large med- threatening diseases can, and will, be around the globe will enhance life itself at a ical research institutions in this country that achieved in our lifetime. But, we can cross time in history when life is most worth living. lead the fight against disease and illness. that ultimate frontier of an improved quality of Now is the time to redouble our investment The NIH has always enjoyed strong bipar- life for all Americans only if this Nation com- in biomedical research. America is at peace, tisan support from Congress. An increase in mits itself to funding biomedical research at a our economy is prospering, our citizens are NIH funding would accommodate substantial sufficient level to do the job. gainfully employed, our budget is balanced, increases in the grants, training awards, and Mr. Speaker, we can demonstrate our col- and our surplus is real, There is no excuse to infrastructure improvements that are critical to lective resolve to accomplish that result by ignore what Americans want more than any- the continued success of medical research. doubling the funding for the National Institutes thing else: the cure of diseases which inflict Additional funding would also give the NIH a of Health. death, pain, suffering, and economic distress greater ability to disseminate information on Our research is beginning to pay off. Hun- to almost every family. new breakthroughs to patients and health care dreds of new drug discoveries are rapidly Mr. Speaker, let’s do it; let’s do it now. providers. NIH researchers are on the verge of making their way through clinical trials. Mr. CUNNINGHAM. Mr. Speaker, I am tremendous new discoveries in science and Through the concerted genome effort, we will grateful to the gentleman from Pennsylvania medicine. in a very short time have effectively decoded (Mr. GEKAS) for arranging this special order to- Mr. Speaker, I again urge my colleagues to the enormous amount of DNA sequence infor- night, to focus on the importance of doubling continue their support for the NIH in the best mation that forms the blueprint for human ife. America’s investment in health research over way possible—by increasing funding. The developing field of proteomics will provide the next five years. Mr. LAFALCE. Mr. Speaker, the National In- the tools to understand the function of proteins I am honored to be a cosponsor of his reso- stitutes of Health benefits all Americans, and produced by genes. The quantity and quality lution, H. Res. 437, expressing the sense of we should all be proud of the research work of targets for the development of new drugs Congress on how to accomplish our goal of that they do. Thanks to the scientists, doctors will be increased by a factor of previously un- doubling our national investment in health re- and other professionals at NIH, we are closer believable proportions. In addition, progress is search. This research is the gift of America’s than ever before to finding cures and im- being made in learning how to stimulate the hard-working taxpayers to this generation and proved treatments for diseases like Alz- immune system itself to fight cancer and other the next—not just to Americans, but to the heimer’s, diabetes and cancer. We need to diseases. Immunotherapy, and gene therapy, world.

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00082 Fmt 0688 Sfmt 9920 E:\BR00\H26JY0.002 H26JY0 16506 CONGRESSIONAL RECORD—HOUSE July 26, 2000 Furthermore, for us to take fullest advantage genomic NAT may reduce the window period worked hard to stay alive . . . and now am of this investment, we must take care to invest of potential HCV infection by 70% and by able to help others live happier and healthier it wisely. So in addition to increasing our work nearly 50% for HIV. Recent studies also indi- lives despite their challenges. cate that genomic NAT, when used on indi- With my highest regards for your endeav- in basic health research at the National Insti- vidual donor samples, may close the Hepa- ors, tutes of Health, we should treat in a similar titis B Virus (HBV) window by 50% (as much CYNTHIA CLAY. fashion our investment in the Centers for Dis- as four weeks) compared to currently avail- ease Control and Prevention, and in the pro- able tests. POLYCYSTIC OVARIAN grams of the Health Resources Service Ad- Implementation of NAT has required the SYNDROME ASSOCIATION, INC., ministration, which are vital to putting in prac- utilization of many new scientific inventions Rosemont, IL, June 14, 2000. tice the things we learn through basic health and innovations. One historic discovery in Rep. RANDY CUNNINGHAM, research. As a strong fiscal conservative, and this effort was the genomic mapping of the Rayburn Bldg, HIV and HCV viruses by Chiron scientists. as a member of the House Appropriations Washington, DC. Gen-Probe Incorporated developed new high DEAR CONGRESSMAN CUNNINGHAM, We at Subcommittee on Labor, Health and Human throughput genomic amplification and de- the PolyCystic Ovarian Syndrome Associa- Services and Education, I am committed to tection technologies known as TMA, that are tion, Inc., or PCOSA, would like to add our working with my colleagues to achieve these required to detect very low levels of viruses voices in support of House Resolution 437, goals within a limited federal budget. in blood donations. sponsored by Rep. George Gekas from Penn- Rather than to address this issue myself, I The National Heart, Lung, and Blood Insti- sylvania. have asked several of my constituents and tute of the National Institutes of Health con- Polycystic Ovary Syndrome (PCOS) is a leaders in the field of health research to ad- tracted with Chiron’s partner, Gen-Probe In- little understood endocrine disease that af- dress this issue themselves. With the consent corporated, to develop genomic NAT testing fects as many as 1 in 10 women and yet con- assays and automation. All of these factors tinues to be misdiagnosed by doctors. Recent of the gentleman from Pennsylvania (Mr. in combination have led to the development research strides point only to the need for GEKAS), I would like to insert in the RECORD at of genomic NAT as the new world standard more research, education and raised aware- this point several letters, e-mails, and notes in blood screening technology, and offers the ness about PCOS, which is the leading cause that describe in further detail the importance of promise of providing Americans a blood sup- of infertility and puts women at risk for type doubling our investment in health research. ply that is safer from risk of HIV, HCV and II diabetes, endometrial cancer, and cardio- Mr. Speaker, I submit the following letters HBV transmission. vascular disease. PCOSA is an international for the RECORD. HCV is becoming a significant public non-profit organization dedicated to the edu- health concern, both here in California and cation and support of women with PCOS and CHIRON CORPORATION, elsewhere. Despite these remarkable ad- their healthcare providers. Emeryville, CA, June 14, 2000. vances in blood testing and safety, our work Dr. R. Jeffrey Chang, at the University of Hon. RANDY ‘‘DUKE’’ CUNNINGHAM, is not complete. There are new viral strains California at San Diego is a pioneer in the House of Representatives, that may contaminate our blood supply. The research and education of women and doc- Washington, DC. immensely important genomic amplification DEAR REPRESENTATIVE CUNNINGHAM: On be- tors about PCOS. Having edited one of the half of Chiron Corporation’s Blood Testing technologies are at the beginning of their few texts on the subject for doctors, he re- Division, I appreciate this opportunity to technological life cycle. It is vitally impor- mains a strong voice for women’s health convey our support for increased funding for tant that the U.S. Government continues, care. At our recent membership conference biomedical research. and increases where possible, its investment in San Diego, Dr. Chang spoke to patients Chiron Corporation, headquartered in in these areas of biomedical research. and other doctors, and was even able to ex- Emeryville, California, is a leading bio- Thank you again for the opportunity to plain this complicated syndrome to members technology company with innovative prod- provide Chiron’s comments on this impor- of the San Diego press. He is a tremendous ucts in three global healthcare markets: bio- tant public policy issue. asset to endocrinology and to California. pharmaceuticals, vaccines and blood testing. Sincerely, It is imperative that Dr. Chang’s research, Chiron, and its partner, Gen-Probe Incor- RAJEN DALAL, and that of his colleagues searching for the porated of San Diego, formed a strategic alli- President, cause and treatment of PCOS, continue to be ance in 1998 to develop, manufacture and Chiron Blood Testing Division. supported by the NIH until we understand market genomic nucleic acid testing (NAT) the disease and have an answer for every sin- for detection of blood transfusion associated POWEY, CA, gle woman that suffers from it. viruses such as Human Immunodeficiency June 14, 2000. With Best Regards, Virus (HIV) and Hepatitis C Virus (HCV). DEAR CONGRESSMAN CUNNINGHAM: I am a 47 CORRINA P. SMITH, Genomic NAT is the next technological ad- year old woman. My diabetes was discovered Dir. of Media Relations. vance in ensuring the safety of the nation’s 40 years ago. I should be dead! Due to the ad- blood supply. It detects small amounts of vances in health research I am not only alive UNIVERSITY OF CALIFORNIA, SAN DIEGO, virus in donated blood before antibodies or but a success despite my physical challenges. La Jolla, CA, June 12, 2000. viral proteins are detectable by current I am a speaker for UCSD transplantation Hon. RANDY DUKE CUNNINGHAM, blood screening technologies. Today’s blood and animal research program. I should have House of Representatives, testing methods depend solely on the detec- died at the age of 15, being unconscious and Washington, DC. tion of these antibodies or viral proteins, so having extremely high, unexplained blood DEAR DUKE, I am writing to urge you and newly infected donors may escape detection sugars. I survived that challenge and then your colleagues to support an increase in during the ‘‘window period’’ between infec- later went on to college supported by the funding for the NIH for FY2001 that will keep tion and appearance of these serologic mark- Rehab. center for the blind in Connecticut. us on track for doubling in five years. In ers. My kidneys failed as I was receiving my BA spite of our continued and spectacular recent Since April of 1999, the Chiron-Gen-Probe in Psychology and BS in Business. (Double progress in the fight against disease, too partnership has been supplying NAT re- Major). I then moved to San Diego and re- many of our friends and loved-ones die pre- agents, instrumentation, training, and tech- ceived my first kidney transplant. My right maturely or suffer needlessly from diseases nical support to U.S. blood centers per- leg was amputated as I was in Graduate that we could defeat if our research efforts forming NAT under FDA approved clinical school. As I was finishing Graduate school I could proceed more swiftly. This year alone, protocols. The Chiron Procleix HIV–1/HCV received my first Service dog for Physical I have already lost one dear friend to a pre- Assay is currently utilized to screen approxi- assistance. mature death from cancer, and several other mately 75% of all volunteer blood donations To make a long story short. I am able to friends are literally in a fight for their lives. in the U.S. In addition, the Armed Services drive with one good eye—medical research. I I have also received many phone calls and Blood Program now routinely screens blood can walk, but do use a wheelchair, to reserve letters from people afflicted with presently donations with the Chiron assay. energy. I am now a licensed Marriage and incurable diseases, but where research holds Genomic NAT testing has already in- Family Therapist!!! (long haul and Hall) hope for treatment in the not too distant fu- creased the safety of the U.S. blood supply. AND I have founded and co run with my fi- ture. Better and faster biomedical research In less than one year, testing by Chiron’s ance, Leashes for Living Assistance/Service is clearly the best answer for these people. It system alone has detected 28 infected HCV Dogs. A unique program enabling the chal- is only by understanding fully the cellular donors and 4 HIV–1 infected donors. Identi- lenged to train their own Service Dogs. and molecular basis for disease that we can fication of these infected donors prevented Without medical and health research I then develop effective therapeutic strategies. the potential transfusion of over 100 HCV would not be able to give back so much to As you know, the House and Senate have and/or HIV–1 infected units of blood compo- the community. I pride myself in the fact been working toward the goal of the dou- nents. Scientific studies estimate that that along with the medical teams, I have bling of NIH by the year 2003. Congress has

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00083 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.003 H26JY0 July 26, 2000 CONGRESSIONAL RECORD—HOUSE 16507 provided the necessity 15% increases over medical and behavioral research. Each of its is therefore not appealing to for-profit compa- each of the past two years to meet this im- institutes has a specialized focus on particular nies. But basic research provides the building portant goal. For FY2001, Congress must pro- diseases, areas of human health and develop- blocks on which new treatments and cures are vide an increase of $2.7 billion in order to reach the doubling goal. These funds are ment, or aspects of research support. When built. Of the 21 most important medications in- critical for our continued rapid progress in we consider its role as one of the world’s fore- troduced between 1965 and 1992, 15 were the battle against cancer, diabetes, ALS, most research centers, it is amazing to re- developed using tools from federally funded Alzheimer’s and other diseases affecting mil- member that the NIH actually began its exist- research. Seven were directly developed by lions of Americans. ence as a one-room Laboratory of Hygiene in government-funded researchers. I know that you share my belief that bio- 1887. medical research and our fight against dis- One of these exciting new drugs, Cisplatin, ease is one of our most important national Medical research represents the single most was developed by researchers in my home priorities. I look forward to working to- effective weapon against the diseases that af- State at Michigan State University. Working gether with you in the future on this impor- fect many Americans. The advances made with NIH’s National Cancer Institute, bio- tant battle. over the course of the last century could not physicist Barnett Rosenberg developed Sincerely, have been predicted by even the most far- Cisplatin, an anti-cancer drug which cures LAWRENCE S.B. GOLDSTEIN, Ph. D. sighted observers. It is equally difficult to an- sixty to sixty-five percent of testicular cancer Mr. CAPUANO. Mr. Speaker, I would like to ticipate the significant gains we may achieve cases and reduces risk of death by fifty per- take a moment to thank my colleague from in years to come through increased funding for cent when used to treat cervical cancer. With- Pennsylvania, Mr. GEKAS, for arranging to- further medical research. out NIH’s expertise and resources, Dr. Rosen- night’s special order, as well as the distin- Last year, Congress gave a substantial in- berg might not have been able to complete guished chairman of the Labor-HHS-Education crease in funding to the NIH. The fiscal year the pharmacology, toxicology, and clinical Appropriations Subcommittee, Mr. Porter, for 2000 omnibus appropriations law provided trials needed to get this drug to the cancer pa- his work and dedication in support of bio- $17.8 billion for the NIH—an increase of $2.2 tients who need it. medical research at the National Institutes of billion or 14 percent over the previous fiscal Each year that we increase funding for NIH, Health (NIH). I believe it is essential that Con- year. This increase represents a sizable down we make possible more discoveries like this gress move forward in its commitment to dou- payment toward the goal of doubling its fund- and we make sure that the public benefits ble the research budget at the NIH. Currently, ing over 5 years. This year, I am hopeful that from those discoveries. Currently, the eco- scientists at the NIH are developing cutting- we can make similar progress in that regard. edge treatments for hundreds of diseases, in- nomic cost of illness in the United States is As we work to increase Federal funding, I estimated at about $3 trillion. An annual ap- cluding cancer, Alzheimer’s, and diabetes. In- am also sponsoring legislation to encourage creased funding for medical research and de- propriation of $16 billion—less than 1 percent private support for NIH research efforts. My of the Federal budget—is a small price to pay velopment will allow millions of Americans to bill, H.R. 785, the Biomedical Research Assist- lead healthier lives. I, therefore, rise in support to maintain NIH’s strength in controlling and ance Voluntary Option or ‘‘BRAVO’’ Act, would curing disease. I hope that all of my col- of efforts to provide a 15% increase for NIH in allow taxpayers to designate a portion of their FY2001. This increase will mark the third in- leagues will join with me and the other mem- federal income tax refunds to support NIH re- bers of the Congressional Biomedical Caucus stallment of the plan to double the NIH budget search efforts. I introduced the bill on a bipar- over a period of five years. in supporting full funding for the NIH and med- tisan basis with the ranking member of the ical research. Each and every day, researchers at the NIH Health and Environment Subcommittee, Mr. succeed in making important discoveries Mrs. MALONEY of New York. Mr. Speaker, BROWN of Ohio. I join my colleagues in support of doubling the about the human body and the diseases that Mr. Speaker, every dollar invested in re- NIH budget for fiscal year 2001. may effect it. These scientists work tirelessly search today will yield untold benefits for all EORGE GEKAS for or- to develop cutting-edge technologies that push Americans in years to come. Indeed, our own I thank my colleague G the envelope of human capacity. ganizing this special order. This is one budget lives might some day depend on the efforts of For FY2001, the NIH have developed four that affects every single American. Whether it scientists and doctors currently at work in our critical initiatives. These include: (1) Genetic is diabetes, Alzheimer’s, cancer, or safe child- Nation’s laboratories. I urge all Members to Medicine—this involve the mapping of the birth, the NIH is there as a shining star to pro- join me in supporting a strong Federal commit- human genome and the subsequent gene tect our Nation and help us understand and therapy. Advances in the treatment of cancer, ment to biomedical research. Mr. LEVIN. Mr. Speaker, I am pleased to treat dreaded diseases. chronic illness, and infectious disease may be One of the diseases that NIH researchers possible through this work; (2) Clinical Re- join my colleagues on both sides of the aisle to talk about the importance of doubling the feel could be cured in a matter of years is Par- search—this initiative reinforces the goal of kinson’s disease. I am proud to be the founder turning the results of laboratory research into funding for the National Institutes of Health over the next 5 years. As we all know, we and co-chair of the Congressional Group on treatment for patients; (3) Fostering Inter- Parkinson’s Disease with my friend and col- disciplinary Research; and (4) Eliminating have already made two down payments on this goal, first in 1999 and again in 2000. Un- league FRED UPTON. We are so close to a Health Disparities. These four areas of sci- cure for this disease. entific research present incredible opportuni- fortunately, last month the House approved a Labor-HHS-Education bill which significantly Leading scientists describe Parkinson’s as ties that have the promise to generate tremen- the most curable neurological disorder. Break- dous benefits in the future. Providing in- backtracks from our commitment. We must in- sist on a bipartisan basis that this serious through therapy or—perhaps a cure—is ex- creased funding for biomedical research today pected within a decade. When have research- will allow millions of Americans to lead underfunding is corrected in conference. I support full funding for the NIH on behalf ers ever said that they think they can cure a healthier lives tomorrow. disease in 10 years? With this in mind, I urge each of my col- of all of my constituents who struggle with ill- leagues to support funding the full 15% budget nesses that we do not fully understand. I I would like to focus my remarks tonight on increase for the National Institutes of Health. know, as they do, that the work of NIH-funded the importance of giving NIH the largest in- Mr. BILIRAKIS. Mr. Speaker, I rise in sup- scientists offers their best hope for a cure. At crease possible. Specifically, I have been ad- port of increasing the Federal Government’s the same time, each year NIH researchers un- vocating for $71.4 million to implement NIH’s commitment to biomedical research through cover new information which helps doctors Parkinson’s Disease Research Agenda. Dur- the National Institutes of Health. As chairman better treat patients with heart disease, can- ing last year’s appropriations debate, we were of the Health and Environment Subcommittee cer, diabetes, mental illness, and many other successful in including language to support of the House Commerce Committee, and as a terrible diseases. the development of this research agenda for member of the Congressional Biomedical Re- The National Institutes of Health fund well Parkinson’s disease. search Caucus, I am a strong advocate of this over a third of all biomedical research in the It truly is a roadmap for what needs to be agency’s vital mission. I have joined many of United States. But NIH’s role goes well be- done in the next 5 years to get to a cure. I my colleagues in supporting efforts to double yond that, because NIH is the primary funder have spearheaded a letter to the conferees federal funding for the NIH. of all basic research. Basic research, which is asking for the $71.4 million needed in the first The NIH is the primary Federal agency generally focused on discovering new sci- year to enact this research agenda. I am very charged with the conduct and support of bio- entific principles, often cannot be patented and hopeful that we will get this money in the

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00084 Fmt 0688 Sfmt 9920 E:\BR00\H26JY0.003 H26JY0 16508 CONGRESSIONAL RECORD—HOUSE July 26, 2000 budget this year. But if we don’t, I will intro- weeks ago the issue was brought back and they try to recover from a neg- duce legislation requiring this plan be funded to the floor of the Senate and a GOP ligent individual, like the person who in its entirety. HMO bill was added as an amendment almost killed Ridler, that their HMO Finally, I just want to mention that I am anx- to a bill, and it passed, just barely. It can go after that settlement. iously awaiting the release of the final guide- was the Nickles HMO amendment. Now, Mr. Speaker, originally sub- lines on stem cell research. We worked hard I would have to advise my colleagues rogation was used for cases in which in Congress this year to not let stem cell re- that that GOP Senate bill that passed care was provided to patients who had search get politicized. We stood firm that Par- a few weeks ago by a margin of about no health insurance at all, but who kinson’s disease—along with diabetes, ALS, one or two votes is worse than no bill might receive a settlement due to and a host of other diseases—must not be at all. In fact, it is an HMO protection somebody else’s negligence. However, held hostage to extremists in Congress. I will bill, not a patient protection bill. HMOs are now even seeking to be reim- continue to work for prompt implementation of Would Members like to have some bursed for care that they have not even this critical research when the guidelines are proof of that? Well, let me tell my fel- paid for. finalized. I thank my colleagues again for or- low colleagues about some of the Susan De Garmos found that out 10 ganizing this special order. things that HMOs have been doing that years ago when her HMO asked for re- Mr. GEKAS. Mr. Speaker, reluc- have been documented in a recent arti- imbursement on her son’s medical tantly, because I am having a good cle in Smart Money magazine in their bills. In 1990 her son, Stephen De time here, reluctantly, I am looking July issue. Garmos, who was age 10 at that time, around, I see no other recourse except Consider the case of a man named was hit by a pickup truck while riding to yield back the balance of my time. Jim Ridler. It was shortly after noon his bike to football practice near his on a Friday back in August 1995 when home in West Virginia. That accident f Jim Ridler, then 35 years old, had been left him paralyzed from the waist GENERAL LEAVE out doing some errands. He was return- down. His parents sued the negligent ing to his home in a small town in Min- driver; and they collected $750,000 in Mr. GEKAS. Mr. Speaker, I ask unan- settlement, plus $200,000 from the imous consent that all Members may nesota on his motorcycle when a minivan coming from the opposite di- underinsured motorist policy. Now, re- have 5 legislative days within which to member, this little boy is paralyzed for revise and extend their remarks on the rection swerved right into his lane. It hit Jim head on. It threw him more the rest of his life. Special Order just given. Well, the Health Plan of Upper Ohio than 200 feet into a ditch. He broke his The SPEAKER pro tempore. Is there Valley wanted $128,000 in subrogation neck, his collarbone, his hip, several objection to the request of the gen- for Stephen’s bills. It so happens that ribs, all of the bones in both legs. It tleman from Pennsylvania? Stephen’s mother thought that amount ripped the muscles right through his There was no objection. was high, so she phoned the hospital in arm. f Over the next 4 months, after a dozen Columbus, Ohio, where Stephen had surgeries, he still did not know wheth- been treated; and she got an itemized IMPORTANT HEALTH CARE ISSUES list of the charges. FACING AMERICA er he would ever walk again. When he got a phone call from his lawyer who b 1900 The SPEAKER pro tempore. Under had started legal proceedings against the Speaker’s announced policy of Jan- What she found out infuriated her. the driver of that minivan who had uary 6, 1999, the gentleman from Iowa The HMO had paid much less than the swerved into his path, that call that he (Mr. GANSKE) is recognized for 60 min- $128,000 it was now seeking from her got from his lawyer really shook him utes. son, her paralyzed son’s settlement. up. Mrs. DeGarmo had found another HMO ABUSES ‘‘I am afraid I have got some bad dirty little secret of managed care, and Mr. GANSKE. Mr. Speaker, tonight I news for you,’’ said his lawyer. He told that was that HMOs often use subroga- am going to talk about two important Jim that even if Jim won his lawsuit, tion to go after a hospital’s billed health care issues that are facing Con- his health plan, his HMO, wanted to charges, the fee for full paying pa- gress. One concerns HMO abuses, and take a big chunk out of what they had tients, even though the HMO gets a dis- the other concerns the number one spent on his care. count off the bill charges. public health problem in the country, ‘‘You are joking, right?’’ said Jim. According to DeGarmo’s lawyer, the and that is the use of tobacco. ‘‘Nope,’’ said the lawyer. health plan of Upper Ohio Valley actu- Mr. Speaker, about 8 months ago on Jim’s health plan had a clause in its ally paid about $70,000 to treat Steve. the floor of this House we had a mo- contract that allowed the HMO to That meant they were trying to take mentous debate for about 21⁄2 days on stake a claim in his settlement, a $50,000 that they had not even paid for patient protection legislation; and at claim known in insurance as subroga- from Steve’s settlement. They were the end of that debate, 275 bipartisan tion. going to make money off this little boy Republican and Democratic Members ‘‘So I pay the premium, and then who had been paralyzed. of this Congress voted to pass the Nor- something happens that I need the in- When the DeGarmos refused to pay, wood-Dingell-Ganske bipartisan con- surance for, and they want their money get this, the HMO had the gall to sue sensus Managed Care Reform Act of back?’’ Ridler asked incredulously. them. 1999. Nearly every nurse, nearly every ‘‘The way I figure it, my health insur- Well, others found out about this dentist, nearly every doctor who is a ance is just a loan.’’ HMO’s action and in 1999 the HMO, Member of this body voted for that. Well, Ridler eventually settled his that HMO, settled suits for $9 million Well, what has happened since then? lawsuit for $450,000, which was all the among roughly 3,000 other patients Very little. A conference committee liability insurance available. His that they had treated like the was belatedly named to try to get health plan then took $406,000, leaving DeGarmos. agreement between the bill that passed him after expenses with a grand total Now, when HMOs get compensation the House, the strong patient reform of $29,000. in excess of their costs, I believe they bill, and the bill that passed the Sen- Jim said, ‘‘I feel like I was raped by are depriving victims of funds that ate, which was more an HMO reform the system,’’ and I guess I can under- those victims need to recover. This bill. stand his point of view. subrogation process has even spawned Unfortunately, nothing much is I doubt that my colleagues know, and an industry of companies that handle going on in that conference now. I do I doubt that most people know, that collections for a fee. It could be 25 to 33 not think they have met for probably they have what are called subrogation percent of the settlement. The biggest about 2 months. There has been a pau- clauses in their contracts that mean of these subrogation companies is Lou- city of public meetings. But a few that if they have been in an accident isville, Kentucky-based Health Care

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00085 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.003 H26JY0 July 26, 2000 CONGRESSIONAL RECORD—HOUSE 16509 Recoveries, Inc. Last year, Health Care tecting HMOs. It says that the total Mr. Speaker, bills that have passed in Recoveries, Inc., of Louisville, whose amount of damages to a patient like the other body that value the financial biggest customer, not surprisingly is Jim Ridler or Steve DeGarmo or Ash- well-being of HMOs more than the val- United Health Care, recovered $226 mil- ley Courtland could be reduced by the ues and well-being of the patient do not lion from its clients and its usual cut amount of care costs whether they deserve the name ‘‘patient protection.’’ was 27 percent. have a subrogation clause in their con- We passed a strong bill in this House. According to one former claims ex- tract or not. That is what we should be working on. aminer for HRI, Steve Pope, the com- In other words, the Senate GOP bill We can do better than what has been pany is so intent on maximizing collec- passed a few weeks ago would preclude done recently. The voters are watch- tions that it crosses the line into ques- State laws being passed on subrogation ing. tionable perhaps. entirely, and over in the Senate they Now, Mr. Speaker, the Congressional Take the case of 16-year-old Courtney say, oh, we are for States’ rights; we do leadership is trying to limit damages Ashmore, who had been riding a four- not want to take away the States by putting $300,000 caps on awards. wheeler on a country road near her rights to regulate insurance? And in Many times I have stood on this floor home by Tupelo, Mississippi. The their bill they do exactly that. and talked about a mother, for in- owner of the bordering land had strung If that were not enough of a sop to stance, who has been mistreated by her a cable across the road. You guessed it. the HMO industry, the Nickels bill says HMO and lost her life. I want to ask, is Courtney ran into it and almost cut off that the reduction in the award would that mother’s life worth $350,000? her head. be determined in a pretrial proceeding. How many times have I stood on this Her family collected $100,000 from the ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE floor talking about a little boy in At- property owner. Their health plan paid The SPEAKER pro tempore (Mr. lanta, Georgia, whose HMO was respon- $26,000 for Courtney’s medical care. GREEN of Wisconsin). The Chair will sible for his losing both of his hands Steve Pope, the claims examiner for caution the gentleman that it is not in and both of his feet, the rest of his life, HRI, that Louisville, Kentucky, com- order to characterize Senate action or no hands, no feet? And they want to pany, contacted the family’s lawyer to otherwise cast reflection on the Sen- put a cap of $350,000 on that? That lit- and wanted the $26,000 back. ate. tle boy, when he grows up and gets Well, the lawyer was no dummy. He Mr. GANSKE. In talking about other married, will never be able to touch the asked for a copy of the contract show- legislation on Capitol Hill, the bill that face of the woman that he loves with ing the subrogation clause. Well, HRI passed a couple of weeks ago says that his hand. I am sorry, Mr. Speaker, but that is could not find a copy of the contract so the reduction in the award would be de- a travesty. People who put those kind Mr. Pope was told by his supervisor at termined in a pretrial proceeding and of provisions in bills that deal with pa- HRI to send out a page from a generic that any evidence regarding this reduc- tient protection should be ashamed of contract that did have a subrogation tion would be inadmissible in a trial themselves. clause in it, and later Mr. Pope found between the injured patient and the THE RESULTS OF TOBACCO, A TOUGH PRICE TO out that Courtney’s health plan did HMO. Well, what does that mean? Well, let PAY not, in fact, mention subrogation. us say that one is hit by a drunk driver Mr. GANSKE. Now, Mr. Speaker, I Still he has testified he was told to while crossing the street and one’s want to move on to another topic, a pursue the money anyway. Let me re- HMO subsequently refuses to pay for number one public health problem. I peat that. This employee of this com- necessary physical therapy even think that HMO patient protection is pany in Louisville, Kentucky, the though these are covered services very important, but the reason that right-hand man company for United under one’s employer plan. this House is out tonight is because we Health Care, was told to go after part So one files two separate lawsuits, are having the Congressional baseball of this little girl’s settlement even one against the drunk driver in the game. I think that is a good thing, a though they did not have a subrogation State court and the other against the little bit of bipartisanship, have a nice clause in the contract. HMO in the Federal court because the competition, but I will say what is Mr. Pope has testified, quote, these HMO is not treating one fairly. going on on that baseball field right practices were so widespread and I just Let us say the civil case against the now. There are colleagues of ours that got tired of being told to cheat and drunk driver is delayed because crimi- are chewing tobacco, and they are spit- steal from people, unquote. nal charges are prevailing against him. ting that tobacco out there and there Mr. Speaker, the notion that sub- If the Federal case, the one against the are a bunch of little kids that are in rogation should be prohibited or at HMO, proceeds to trial under the bill that audience and they are looking at least restricted is gaining ground. that passed a couple of weeks ago, the dad out there chewing and spitting Twenty-five States have adopted doc- Federal judge would have to guess how that tobacco and they are thinking, trine that injured people get fully com- much a State jury would award one, boy, that is kind of a neat thing. pensated before health plans, HMOs, and the Federal judge would have no There are over 1 million high school can collect any share of personal injury way of knowing what one actually boys in this country who chew tobacco. money. could collect. They probably watch some of the base- In March, a Maryland appeals court This collateral source damages rule ball stars do it. They certainly have went even further. It ruled that the would leave patients uncompensated been enticed to do it by the tobacco State’s HMO act prohibits managed for very real injuries. For example, if companies. care companies from pursuing subroga- one is injured in a car accident by an- Before I came to Congress, I was a re- tion at all. The Court said, quote, an other driver who has a $50,000 insurance constructive surgeon and I can say HMO by its definition provides health policy but one has medical costs of about some of the patients that I took care services on a prepaid basis. A sub- $100,000 that one’s HMO refuses to care of who chewed that tobacco, who scriber has no further obligation be- cover, when one goes to collect the ended up with cancer of their gums and yond his or her fee, unquote. $50,000 from the negligent driver they cancer of their jaw and I had to remove So what did the Senate GOP bill do might get nothing. Why? Because their lower jaws, and they ended up to address this problem with subroga- whether one has brain damage or bro- like Andy Gump, cannot talk right, if tion? Did the Senate GOP bill try to ken legs or one’s loved one is dead, one at all. They end up breathing through a make the system more fair for pa- gets nothing because under the bill hole in their windpipe. That is a stiff tients? Did it protect those State laws that passed a couple of weeks ago the price to pay for watching somebody which are being passed to prevent sub- HMO gets to collect all $50,000, even chewing tobacco that one respects. rogation abuses by HMOs? Oh, no, Mr. though it denied one necessary medical Mr. Speaker, more than 400,000 people Speaker. The Senate GOP bill goes care for their injuries and one does not die prematurely each year from dis- even further than subrogation in pro- get a penny. eases attributable to tobacco use in the

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00086 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.003 H26JY0 16510 CONGRESSIONAL RECORD—HOUSE July 26, 2000 United States alone. Tobacco really is about? I have never heard of this dis- Internal tobacco company documents the Grim Reaper. More people die each ease. Well, this is a disease that really dating back to the early 1960s show year from tobacco use in this country happens, and I really took care of this that tobacco companies knew of the than die from AIDS, automobile acci- patient I am about to describe. Basi- addicting nature of nicotine, but they dents, homicide, suicides, fires, alcohol cally, these people are addicted to to- withheld those studies from the Sur- and illegal drugs combined. bacco, and it sets up sort of an allergic geon General. A 1978 Brown & More people in this country die in reaction to the small vessels in their Williamson memo stated that very few one year from tobacco than all the sol- fingers, in their hands, and in their customers are aware of the effects of diers killed in all of the wars that this feet, and those vessels clot off, they nicotine, i.e., its addictive nature and country has fought. thrombose, and they start to lose one that nicotine is a poison. A 1983 Brown Treatment of these diseases will con- finger after another. & Williamson memo stated that nico- tinue to drain over $800 million from I remember taking care of one pa- tine is the addicting agent in ciga- the Medicare Trust Fund. The VA tient who had lost both lower legs, he rettes. Indeed, the industry knew that spends more than one half billion dol- had lost all of the fingers in one hand, there was a threshold dose of nicotine lars annually on inpatient care of and he only had one finger left on his necessary to maintain addiction. smoking-related diseases, but these right hand, all due to that disease A 1980 Lorilard document summa- victims of nicotine addiction are sta- caused by his tobacco addiction. Do my rized the goals of an internal task force tistics that have names and faces. colleagues know what he had done? He whose purpose was not to avert addic- Mr. Speaker, about a month or two had a little wire loop made that he tion, but to maintain addiction. It said, ago I was talking to a vascular surgeon could put one loop over his one remain- ‘‘Determine the minimal level of nico- who is a friend of mine in Des Moines, ing finger and then a nurse or some- tine that will allow continued smok- Iowa. He looked pretty tired. I said, body, a friend, could stick a cigarette ing. We hypothesize that below some ‘‘Bob, you must be working pretty hard in the loop at the other end of that very low nicotine level, diminished these days.’’ wire and then he could smoke. He knew physiological satisfaction cannot be He said, ‘‘Greg, yesterday I went to that he could stop that disease from compensated for by psychological sat- the operating room at about 7:00 in the progressing and taking his fingers and isfaction. At that point, smokers will morning. I operated on three patients. his hand and his feet if he would just learn to quit or return to higher tar stop smoking. I finished up about midnight and every and nicotine brands.’’ Mr. Speaker, he could not. Tobacco is one of those patients I had to operate Mr. Speaker, we also know that for one of the most addicting substances the past 30 years, the tobacco industry on to save their legs.’’ that we know of, nicotine and tobacco, manipulated the form of nicotine in I said, ‘‘Were they smokers, Bob?’’ we know that. It is as addicting as co- order to increase the percentage of He said, ‘‘You bet. And the last one caine; it is as addicting as morphine ‘‘free base’’ nicotine delivered to smok- that I operated on was a 38-year-old and heroin. woman who would have lost her leg to Statistics show the magnitude of this ers as a naturally occurring base; and I arteriosclerosis caused by heavy to- problem. Over a recent 8-year period, have to say, Mr. Speaker, this takes bacco use.’’ tobacco use by children increased 30 me back to medical school, bio- I said, ‘‘Bob, what do you tell those percent. More than 3 million American chemistry. Nicotine favors the salt people?’’ children and teenagers now smoke form at its lower PH levels, and the He said, ‘‘Greg, I talk to every pa- cigarettes. Every 30 seconds, a child in free base form at its higher levels. tient, every peripheral vascular patient the United States becomes a regular So what does that mean? Well, the that I have, and I try to get them to smoker. The sad fact is, Mr. Speaker, free base nicotine crosses the alveoli in stop smoking. I ask them a question, I that each day, 3,000 kids in this coun- the lungs faster than the bound form, say, if there were a drug available on try start smoking. Each day. And 1,000 thus giving the smoker a greater kick, the market that they could buy that of those kids will die of a disease re- just like the druggie who free bases co- would help save their legs, that would lated to smoking tobacco. caine, and the tobacco companies knew help prevent them from having coro- So why did it take a life-threatening that very well. nary artery bypass surgery, that would heart attack to get my folks to quit In 1966, British American Tobacco, significantly decrease their chances of smoking? I nagged at them all the BAT, reported, ‘‘It would appear that having lung cancer or losing their lar- time. It took that near-death experi- the increased smoker response is asso- ynx, would they buy that drug?’’ ence to get them to quit. Why would ciated with nicotine reaching the brain more quickly. On this basis, it appears b 1915 my patient with that one finger not quit smoking? Why do fewer than one reasonable to assume that the in- Every one of those patients say, you in seven adolescents quit smoking, creased response of a smoker to the bet I would buy that drug and I would even though 70 percent regret starting? smoke with a higher amount of ex- spend a lot of money for it. Do my col- I say to my colleagues, it is sadly be- tractable nicotine, not synonymous leagues know what he says to those pa- cause of that addictive nature of the with, but similar to free-based nico- tients then, my friend, the vascular drug nicotine that is in tobacco. The tine, may be either because this nico- surgeon? He says, well, you know addictiveness of tobacco has become tine reaches the brain in a different what? You can save an awful lot of public knowledge in recent years as a chemical form, or because it reaches money by quitting smoking, and it will result of painstaking scientific re- the brain more quickly.’’ do exactly the same thing as that mag- search that demonstrates that nicotine Tobacco industry scientists were well ical drug would have done. is similar to amphetamines, cocaine, aware of the effect of PH on absorption Mr. Speaker, my mom and dad were and morphine. In fact, Mr. Speaker, and on the physiological response. In both heavy smokers, and they are only there is a higher percentage of addic- 1976, RJR reported, ‘‘Since the unbound alive today because coronary artery tion among tobacco users than among nicotine is very much more active bypass surgery saved their lives; and users of cocaine or heroin; and recent physiologically and much faster acting they have finally stopped smoking. I tobacco industry deliberation show than bound nicotine, the smoke in PH will never forget some patients that I that the tobacco industry knew about seems to be strong in nicotine.’’ There- took care of in the VA hospital. They this a long time ago. Those tobacco fore, the amount of free nicotine in had a disease called thromboangitis CEOs who testified before Congress smoke may be used for at least a par- obliterans. raised their right hands and took an tial measure of the physiologic Now, I have talked about this on the oath to tell the truth. When they testi- strength of the cigarette. floor a couple of times in the past, and fied that tobacco was not addicting, Indeed, Mr. Speaker, Philip Morris we got some phone calls from constitu- they were committing perjury, Mr. commenced the use of ammonia in ents. They said, what are you talking Speaker. their Marlboro brand in the 1960s in

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00087 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.003 H26JY0 July 26, 2000 CONGRESSIONAL RECORD—HOUSE 16511 order to raise the PH of its cigarettes, ly recommend it to my colleagues. It is guilty to money laundering related to and it subsequently emerged as the called ‘‘Tobacco’s Next War,’’ News- the smuggling case. leading brand. week magazine, July 31. I just need to American and Canadian prosecutors So, by reverse engineering, the other read a few of the excerpts from this ar- charged that Thompson racked up his manufacturers caught on to Philip ticle. impressive sales numbers through his Morris’s nicotine manipulation, and This is a quote from the article: ‘‘For involvement with smugglers who they copied it. The tobacco industry cigarette salesman Leslie Thompson, shipped billions of RJR cigarettes into hid the fact that nicotine was an ad- 1993 was an especially good year. A star Canada. On the books, everything dicting drug for a long time, even employee with Northern Brands Inter- looked legitimate. But once over the though they privately called cigarettes national, a tiny 4-person export outfit border, the cigarettes were passed on ‘‘nicotine delivery devices.’’ owned by the tobacco giant RJR Na- to black marketers, evading high Cana- Claude E. Teague, assistant director bisco, Thompson sold an astonishing 8 dian cigarette taxes. of research at RJR said in a 1972 memo, billion cigarettes that year, reaping Investigators believe this soft-spoken ‘‘In a sense, the tobacco industry may about $60 million in profits. Walking 52-year-old family man was merely a be thought of as being a specialized, the company’s halls, Thompson re- bit player in the global smuggling highly ritualized and stylized segment ceived a standing ovation from RJR ex- scene. Before his sentencing and in of the pharmaceutical industry. To- ecutives who had gotten hefty bonuses press interviews before he went to pris- bacco products uniquely contain and as a result of his work. On his wrist he on, he said he operated with the knowl- deliver nicotine, a potent drug with a flashed a Rolex, a gift from grateful edge and encouragement of his superi- variety of physiologic effects. Thus, a wholesalers.’’ ors. tobacco product is, in essence, a vehi- ‘‘These days, Thompson’s name is no His case has given prosecutors a road cle for the delivery of nicotine designed longer greeted with applause in the to- map of how the underground trade to deliver the nicotine in a generally bacco industry. He and other former works. His company MBI was located acceptable and attractive form. Our in- executives are soon to be quizzed by inside R.J. Reynolds’ Winston Salem, dustry is then based upon the design, Federal prosecutors about the shady North Carolina headquarters. To the manufacture, and sale of attractive side of the cigarette business. News- public Thompson’s job was to sell Ex- forms of nicotine.’’ week has learned that a Federal grand port A’s, a leading Reynolds brand in Mr. Speaker, I yield to the gentleman jury in North Carolina is investigating Canada. But the Canadian government from California (Mr. DREIER.) explosive allegations about links be- charges MBI was nothing more than a Mr. DREIER. Mr. Speaker, I would tween major cigarette makers and shell company that supplied smugglers like to thank the gentleman for allow- global smuggling operations that move with cigarettes. ing me to take this time to congratu- vast quantities of cigarettes across According to court documents and late him on his effort. While our Re- borders without paying any taxes. It is Thompson’s own testimony, Thompson publican colleagues are at this point a multibillion-dollar-a-year enterprise. shipped millions of cartons of Export out working on a stunning victory over ‘‘The grand jury deliberations spot- A’s from Canada and Puerto Rico to our Democratic colleagues on the base- light a new round of legal troubles for the United States where virtually no ball field, the Committee on Rules is big tobacco. The proceedings are secret one smokes them. The crates were then hard at work; and I know my friend and it could not be learned which com- diverted to a Mohawk reservation on from Iowa is working hard too, and I panies are under scrutiny. The U.S. At- the U.S.-Canadian border, the secret thank him. torney in Raleigh, North Carolina de- staging ground for the operation. Mr. GANSKE. Mr. Speaker, I have a clined to comment. Cigarette makers Smugglers on the reservation built bill before Congress that would basi- are under attack from governments huge warehouses to stockpile the ciga- cally allow the FDA to prevent the to- around the world that seek to hold rettes. After dark, a flotilla of speed bacco companies from marketing and them responsible for the costs of smug- boats would ferry the cargo across the targeting children. It is not a tax in- gling: billions in lost taxes, soaring vi- Saint Lawrence River to the Canadian crease bill, it is not a prohibition bill, olence, and weakened efforts to prevent side of the reservation. The cigarettes it simply addresses the Supreme kids from smoking.’’ were then sold on the black market, Court’s decision which says, Congress skirting Canada’s cigarette taxes. must give the FDA authority for the b 1930 In 1994, Canadian politicians were so FDA to regulate, to issue regulations Last week, the European Union an- horrified by the brazenness of the law that would prevent tobacco companies nounced that it plans to launch a civil breakers that the government rolled from marketing and targeting kids. We suit against U.S. cigarette makers for back the cigarette taxes, and that have 95 bipartisan cosponsors on that their alleged involvement in smug- slowed down the smuggling. bill. gling. In the last 8 months, Canada, Co- MBI worked out a plea bargain with Mr. Speaker, I want to continue on lombia, and Ecuador have all filed U.S. prosecutors and paid $15 million in about tobacco, because I came across smuggling suits against American to- fines and forfeitures. In a related Cana- an article in the July 31 issue of News- bacco companies using U.S. anti-rack- dian proceeding against Thompson, the week magazine, and it is entitled ‘‘Big eteering laws. prosecutors made it clear that he be- Tobacco’S Next Legal War.’’ I wanted Britain, Italy, China have also lieved that the tobacco company had to bring this to the attention of my mounted extensive investigations. The hung its former employee out to dry. colleagues. I sit on the Committee on Canadian and European investigators In other words, he was a little guy, so Commerce, and we held hearings on to- are cooperating closely with their U.S. he was going to get the 6-year term in bacco a couple years ago when Senator counterparts building a case against jail while his superiors who knew about MCCAIN had his tobacco bill out- the industry. The World Bank and those tobacco CEOs for RJR, they standing and we were looking at a to- World Health Organization plan to re- skate free with their big bonuses. bacco bill here in the House. The to- lease the results of the 3-year inves- ‘‘Thompson was not on a lark of his bacco companies said, if you raise the tigation claiming the tobacco industry own here, he told the court. He did not tax on tobacco, that will create a black has deliberately thwarted inter- commit this crime by himself. His acts market, and a lot of smuggling and il- national efforts to control the tobacco were part and parcel of a corporate legal activities, i.e., look at what hap- trade. strategy developed largely by other pened in Canada. In the United States, Thompson is senior executives who closely mon- Well, since that testimony, it turns expected to be an important witness in itored his work.’’ out that it was the tobacco companies the Grand Jury proceedings. In Feb- We then have reports in the British who were involved in the smuggling. ruary, he began serving a 6-year sen- press that have focused attention on This is an amazing story. I would high- tence in Federal prison after pleading the alleged role of British-American

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00088 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.003 H26JY0 16512 CONGRESSIONAL RECORD—HOUSE July 26, 2000 tobacco in foreign smuggling oper- votes, thus precluding our efforts to LEGISLATIVE PROGRAM ations drawing on internal company try to achieve a compromise to get a Mr. DREIER. Mr. Speaker, I ask documents recently made public. strong piece of legislation passed. But unanimous consent to address the The British House of Commons, the we are still available, and we are still House for 1 minute for the purpose of equivalent of our House of Representa- working. explaining the schedule for the rest of tives, has recommended that the Brit- I actually am optimistic about the the evening and tomorrow. ish government launch a formal inves- chances of getting true patient protec- The SPEAKER pro tempore. Is there tigation into the allegations. One set of tion legislation passed because, as I objection to the request of the gen- documents highlighted by English anti- look at the vote in the Senate, I think tleman from California? smoking groups they say indicates that we now have 50 supporters plus for the There was no objection. the company went out of its way to bill bill that passed this House. I expect Mr. DREIER. Mr. Speaker, it is our market share by encouraging smug- that, when that bill comes up again in intention to have the House recess gling. the Senate after the August recess, we until 7 a.m. tomorrow, at which time Those pages, culled from vast ar- very well may see that the bill that we hope to file H.R. 4516, the Legisla- chives, suggest that the company was passed the House with 275 votes also tive Branch Appropriations bill con- aware of just how many of its own passes the Senate, and I am sure the ference report. Then, the Committee on cigarettes were being smuggled. The President will sign that. Rules hopes to meet at 8:30 a.m., at 1993 through 1997 marketing plan for On the matter of tobacco, I see very which time we will consider the rules one of BAT’s key subsidiaries included little movement in the House even on both the Legislative Branch con- projected profits from what are called though the gentleman from Michigan ference report for H.R. 4516; the ad- ‘‘general trade’’ cigarettes. These are (Mr. DINGELL) and I have 95 cosponsors journment resolution; and the Child cigarettes where taxes are not paid on for a bill that would simply allow the Support Distribution Act, H.R. 4678. At them. FDA the authority to regulate an ad- that time, the House, after the filing of The document describes plans to dicting substance, as I said, not to in- those rules, would adjourn, and the ‘‘grow our business’’ in ‘‘general trade’’ crease taxes and not to prohibit the House would then convene at 10 a.m. countries, including China and Viet- substance, but to make sure that those tomorrow and we would consider the nam where most foreign-made ciga- tobacco companies which have mar- bills that I have just mentioned, the 3 rettes are illegal. keted and targeted kids 14 and younger measures that I have just mentioned, Anti-smoking activists say that gen- cannot get away with that in the fu- as well as continue work on the Dis- eral trade is industry jargon for smug- ture. trict of Columbia Appropriations bill gled cigarettes. Another BAT docu- Well, I remain optimistic that, as we and H.R. 4865, the Social Security Ben- ment they focus on suggests that the continue to work on these issues, we efits Tax Relief Act. company closely monitored the smug- will make progress. I sincerely thank Mr. Speaker, that is our intention at gling of its brands. Records show it all of my colleagues from both sides of this point. tracking how cigarettes entered Viet- the aisle who have shown so much in- nam ‘‘from sailors, 40 percent; from terest in actually achieving true and f fisherman, 25 percent; from smuggling real reform legislation in both of these RECESS by sea, 35 percent.’’ areas. Mr. Speaker, Mr. Thompson was the Mr. DREIER. Mr. Speaker, I move f first to go to jail, but given all the that the House recess until 7 a.m. to- heavy guns trained on the industry, I REPORT ON RESOLUTION PRO- morrow, July 27, 2000. doubt that he will be the last. VIDING FOR CONSIDERATION OF The SPEAKER pro tempore. Pursu- I would ask this of my colleagues, es- H.R. 4865, SOCIAL SECURITY BEN- ant to clause 12 of rule I, the Chair de- pecially my colleagues and the chair- EFITS TAX RELIEF ACT OF 2000 clares the House in recess until 7 a.m. tomorrow, July 27, 2000. man of the Committee on Commerce Mr. DREIER (during the Special Accordingly (at 11 o’clock and 30 on which I sit, we have ample evidence Order of Mr. GANSKE), from the Com- minutes p.m.), the House stood in re- that the tobacco companies have been mittee on Rules, submitted a privi- cess until 7 a.m. on Thursday, July 27, smuggling cigarettes and breaking the leged report (Rept. No. 106–795) on the 2000. law. It is time for the oversight com- resolution (H. Res. 564) providing for mittee of the Committee on Commerce consideration of the bill (H.R. 4865) to f to hold a full-scale investigation into amend the Internal Revenue Code of this corrupt practice, another example EXECUTIVE COMMUNICATIONS, 1986 to repeal the 1993 income tax in- ETC. of how tobacco companies have not crease on Social Security benefits, really shot straight with the American which was referred to the House Cal- Under clause 8 of rule XII, executive public. endar and ordered to be printed. communications were taken from the Mr. Speaker, I have talked briefly to- Speaker’s table and referred as follows: f night about patient protection legisla- 9375. A letter from the Under Secretary, tion, something we need to get done be- RECESS Food, Nutrition, and Consumer Services, De- fore we recess, a piece of legislation The SPEAKER pro tempore (Mr. partment of Agriculture, transmitting the modeled after what passed the House. Department’s final rule —Food Stamp Pro- GREEN of Wisconsin). Pursuant to Neither the gentleman from Georgia gram: Recipient Claim Establishment and clause 12 of rule I, the Chair declares Collection Standards (RIN 0584–AB88) re- (Mr. NORWOOD), the gentleman from the House in recess subject to the call ceived July 24, 2000, pursuant to 5 U.S.C. Michigan (Mr. DINGELL), nor I who of the Chair. 801(a)(1)(A); to the Committee on Agri- wrote the bill that passed with 275 Accordingly (at 7 o’clock and 39 min- culture. votes have ever said that it has to be utes p.m.), the House stood in recess 9376. A letter from the Small Business Ad- every word our way or the highway. We subject to the call of the Chair. vocacy Chair, Environmental Protection have never said that. We have always Agency, transmitting the Agency’s final said that we would be willing to sit f rule—Imidacloprid; Extension of Tolerance down and try to achieve a compromise. b 2328 for Emergency Exemptions [OPP–301023; Unfortunately, the Speaker of this FRL–6597–1] (RIN: 2070–AB78) received July House decided not to appoint to the AFTER RECESS 20, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Agriculture. conference committee the two Repub- The recess having expired, the House 9377. A communication from the President licans, the gentleman from Georgia was called to order by the Speaker pro of the United States, transmitting the re- (Mr. NORWOOD) and myself, who wrote tempore (Mr. REYNOLDS) at 11 o’clock quest and availability of appropriations for the bill that passed this House with 275 and 28 minutes p.m. the Low Income Home Energy Assistance

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00089 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.003 H26JY0 July 26, 2000 CONGRESSIONAL RECORD—HOUSE 16513 Program of the Department of Health and Commission, transmitting the Commission’s Offer and Acceptance (LOA) to Thailand for Human Services; (H. Doc. No. 106—274); to Annual Report for Fiscal Year 1999, pursuant defense articles and services (Transmittal the Committee on Appropriations and or- to 15 U.S.C. 2076(j); to the Committee on No. 00–48), pursuant to 22 U.S.C. 2776(b); to dered to be printed. Commerce. the Committee on International Relations. 9378. A letter from the Chief, Programs and 9389. A letter from the Assistant General 9399. A letter from the Deputy Director, Legislative Division, Office of Legislative Li- Counsel for Regulatory Law, Office of the Defense Security Cooperation Agency, trans- aison, Air Force, Department of Defense, Environment, Safety & Health, Department mitting notification concerning the Depart- transmitting notification that the Com- of Energy, transmitting the Department’s ment of the Navy’s proposed Letter(s) of mander of Anderson Air Force Base (AFB), final rule—Guidelines for Preparing Criti- Offer and Acceptance (LOA) to Republic of Guam, has conducted a cost comparison to cality Safety Evaluations at Department of Korea for defense articles and services reduce the cost of the Supply and Transpor- Energy Non-Reactor Nuclear Facilities (Transmittal No. 00–55), pursuant to 22 U.S.C. tation function, pursuant to 10 U.S.C. 2461; to [DOE–STD–3007–93, Change Notice No. 1] re- 2776(b); to the Committee on International the Committee on Armed Services. ceived June 26, 2000, pursuant to 5 U.S.C. Relations. 9379. A letter from the Assistant Secretary 801(a)(1)(A); to the Committee on Commerce. 9400. A letter from the Acting Director, De- for Legislative Affairs, Department of State, 9390. A letter from the Director, Office of fense Security Cooperation Agency, trans- transmitting on behalf of the Secretary of Regulatory Management and Information, mitting the Department of the Navy’s pro- State, the Annual Report on the Panama Environmental Protection Agency, transmit- posed lease of defense articles to the Federal Canal Treaties, Fiscal Year 1999, pursuant to ting the Agency’s final rule—Revisions to Republic of Germany (Transmittal No. 06– 22 U.S.C. 3871; to the Committee on Armed the Interim Enhanced Surface Water Treat- 00), pursuant to 22 U.S.C. 2796a(a); to the Services. ment Rule (IESWTR), the Stage 1 Disinfect- Committee on International Relations. 9380. A letter from the Under Secretary, ants and Disinfection Byproducts Rule 9401. A letter from the Deputy Director, Comptroller, Department of Defense, trans- (Stage 1 DBPR) and Revisions to State Pri- Defense Security Cooperation Agency, trans- mitting a report on the Feasibility Study on macy Requirements to Implement the Safe mitting the Department of the Air Force’s Department of Defense Electronic Funds Drinking Water Act (SDWA) Amendments proposed lease of defense articles to Sweden Transfer Process; to the Committee on [FRL–6715–4] received June 20, 2000, pursuant (Transmittal No. 05–00), pursuant to 22 U.S.C. Armed Services. to 5 U.S.C. 801(a)(1)(A); to the Committee on 2796a(a); to the Committee on International 9381. A letter from the Akternate OSD Fed- Commerce. Relations. eral Register Liaison Officer, Department of 9391. A letter from the Associate Bureau 9402. A letter from the Director, Inter- Defense, transmitting the Department’s final Chief, Wireless Telecommunication, Federal national Cooperation, Department of De- rule—TRICARE; Civilian Health and Medical Communications Commission, transmitting fense, transmitting a copy of Transmittal Program of the Uniformed Services the Commission’s final rule—Amendment of No. 09–00 which constitutes a Request for (CHAMPUS); Nonavailability Statement Re- Parts 0, 80 and 90 of the Commission’s Rules Final Approval for the Amendment II to the quirement for Maternity Care—received July to make the Frequency 156.250 MHz available Medium Extended Air Defense System 19, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to for Port Operations purposes in Los Angeles (MEADS) Project Definition/Validation (PD/ the Committee on Armed Services. and Long Beach, CA Ports [WT Docket No. V) Memorandum of Understanding for the 9382. A letter from the Secretary of Trans- 99–332, FCC 00–220] received July 21, 2000, pur- MEADS Risk Reduction Effort (RRE) with portation, transmitting the Sixth Annual suant to 5 U.S.C. 801(a)(1)(A); to the Com- the Federal Republic of Germany and the Re- Report Required Pursuant to the National mittee on Commerce. public of Italy, pursuant to 22 U.S.C. 2767(f); Shipbuilding and Shipyard Conversion Act of 9392. A letter from the General Counsel, to the Committee on International Rela- 1993; to the Committee on Armed Services. 9383. A letter from the Under Secretary for Federal Energy Regulatory Commission, tions. Domestic Finance, Department of the Treas- transmitting the Commission’s final rule— 9403. A letter from the Assistant Secretary ury, transmitting the 1999 Annual Report of Well Category Determinations [Docket No. for Legislative Affairs, Department of State, the Resolution Funding Corporation, pursu- RM00–6–000; Order No. 616] received July 26, transmitting certification of a proposed ant to Public Law 101—73, section 501(a) (103 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the Manufacturing License Agreement with Can- Stat. 387); to the Committee on Banking and Committee on Commerce. ada, Australia and New Zealand [Trans- Financial Services. 9393. A letter from the Secretary, Federal mittal No. DTC 079–00], pursuant to 22 U.S.C. 9384. A letter from the Secretary of the Trade Commission, transmitting the Report 2776(d); to the Committee on International Treasury, transmitting the Report on the to Congress for 1998 pursuant to the Federal Relations. Audited Fiscal Years 1999 and 1998 Financial Cigarette Labeling and Advertising Act, pur- 9404. A letter from the Assistant Secretary Statements of the United States Mint; to the suant to 15 U.S.C. 1337(b); to the Committee for Legislative Affairs, Department of State, Committee on Banking and Financial Serv- on Commerce. transmitting certification of a proposed li- ices. 9394. A letter from the Director, Regula- cense for the export of defense articles or de- 9385. A letter from the Assistant Secretary, tions Policy and Management, Food and fense services sold commercially under a Elementary and Secondary Education, De- Drug Administration, transmitting the Ad- contract to Australia [Transmittal No. DTC partment of Education, transmitting the De- ministration’s final rule—Irradiation in the 92–00], pursuant to 22 U.S.C. 2776(c); to the partment’s final rule—Federal Activities Ef- Production, Processing and Handling of Food Committee on International Relations. fective Alternative Strategires: Grant Com- [Docket No. 98F–0165] received July 24, 2000, 9405. A letter from the Assistant Secretary petition to Reduce Student Suspensions and pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- for Legislative Affairs, Department of State, Explusions and Ensure Educational Progress mittee on Commerce. transmitting certification of a proposed li- of Students who are Suspended or Expelled— 9395. A letter from the Secretary of Com- cense for the export of defense articles or de- received June 7, 2000, pursuant to 5 U.S.C. merce, transmitting the second annual re- fense services sold commercially under a 801(a)(1)(A); to the Committee on Education port mandated by the International Anti- contract to Germany, NATO, Sweden, Swit- and the Workforce. Bribery and Fair Competition Act of 1998 zerland, Austria, and Thailand [Transmittal 9386. A letter from the Assistant Secretary, (IAFCA); to the Committee on Commerce. No. DTC 059–00], pursuant to 22 U.S.C. 2776(c); Elementary and Secondary Education, De- 9396. A letter from the Secretary, Division to the Committee on International Rela- partment of Education, transmitting the De- of Corporation Finance, Securities and Ex- tions. partment’s final rule—Federal Activities change Commission, transmitting the Com- 9406. A letter from the Assistant Secretary Middle School Drug Prevention and School mission’s final rule—Commission Guidance for Legislative Affairs, Department of State, Safety Program Coordinators Grant—re- on Mini-Tender Offers and Limited Partner- transmitting certification of a proposed li- ceived July 7, 2000, pursuant to 5 U.S.C. ship Tender Offers—received July 25, 2000, cense for the export of defense articles or de- 801(a)(1)(A); to the Committee on Education pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- fense services sold commercially under a and the Workforce. mittee on Commerce. contract to Italy [Transmittal No. DTC 90– 9387. A letter from the Clerk, District of 9397. A letter from the Deputy Director, 00], pursuant to 22 U.S.C. 2776(c); to the Com- Columbia Circuit, United States Court of Ap- Defense Security Cooperation Agency, trans- mittee on International Relations. peals, transmitting two opinions of the mitting notification concerning the Depart- 9407. A letter from the Assistant Secretary United States Court of Appeals for the Dis- ment of the Army’s Proposed Letter(s) of for Legislative Affairs, Department of State, trict of Columbia, concerning: Tax Analysts Offer and Acceptance (LOA) to Thailand for transmitting certification of a proposed li- v. Internal Revenue Service and Christian defense articles and services (Transmittal cense for the export of defense articles or de- Broadcast Network, Inc. and Brandon No. 00–47), pursuant to 22 U.S.C. 2776(b); to fense services sold commercially under a Calloway, et al. v. District of Columbia, et the Committee on International Relations. contract to Saudi Arabia [Transmittal No. al.; to the Committee on Education and the 9398. A letter from the Deputy Director, DTC 085–00], pursuant to 22 U.S.C. 2776(c); to Workforce. Defense Security Cooperation Agency, trans- the Committee on International Relations. 9388. A letter from the Director Congres- mitting notification concerning the Depart- 9408. A letter from the Assistant Secretary sional Relations, Consumer Product Safety ment of the Army’s Proposed Letter(s) of for Legislative Affairs, Department of State,

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00090 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.003 H26JY0 16514 CONGRESSIONAL RECORD—HOUSE July 26, 2000 transmitting certification of a proposed li- tegrity Act and the Inspector General Act of the Service’s final rule—Coordinated Issue: cense for the export of defense articles and/ 1978 for the period October 1, 1998–September All Industries Lease Stripping Transactions or defense services sold commercially under 30, 1999, pursuant to 31 U.S.C. 3512(c)(3); to [UIL 9226.00–00] received July 24, 2000, pursu- a contract to Japan [Transmittal No. DTC the Committee on Government Reform. ant to 5 U.S.C. 801(a)(1)(A); to the Committee 084–00], pursuant to 22 U.S.C. 2776(c); to the 9420. A letter from the Deputy Associate on Ways and Means. Committee on International Relations. Administrator, Office of Acquisition Policy, 9430. A letter from the Clerk, District of 9409. A letter from the Assistant Secretary GSA, National Aeronautics and Space Ad- Columbia Circuit, United States Court of Ap- for Legislative Affairs, Department of State, ministration, transmitting the Administra- peals, transmitting two opinions of the transmitting certification of a proposed tion’s final rule—Amending the Federal Ac- United States Court of Appeals for the Dis- Manufacturing License Agreement with the quisition Regulation (FAR) to implement trict of Columbia Circuit, concerning: Tax United Kingdom [Transmittal No. DTC 091– the Sections 411–417 of the Small Business Analysts v. Internal Revenue Service and 00], pursuant to 22 U.S.C. 2776(d); to the Com- Reauthorization Act of 1997 (RIN: 9000–AI55) Christian Broadcast Network, Inc. and Bran- mittee on International Relations. received July 25, 2000, pursuant to 5 U.S.C. don Calloway, et al. v. District of Columbia, 9410. A letter from the Assistant Secretary 801(a)(1)(A); to the Committee on Govern- et al.; to the Committee on Ways and Means. for Legislative Affairs, Department of State, ment Reform. 9431. A letter from the Board Members, transmitting certification of a proposed 9421. A letter from the Acting Director, Of- Railroad Retirement Board, transmitting Manufacturing License Agreement with the fice of Sustainable Fisheries, National Oce- the 2000 annual report on the financial status United Kingdom [Transmittal No. DTC 088– anic and Atmospheric Administration, trans- of the railroad unemployment insurance sys- 00], pursuant to 22 U.S.C. 2776(d); to the Com- mitting the Administration’s final rule— tem, pursuant to 45 U.S.C. 369; jointly to the mittee on International Relations. Fisheries of the Exclusive Economic Zone Committees on Ways and Means and Trans- 9411. A letter from the Assistant Secretary Off Alaska; Pacific Ocean Perch in the Cen- portation and Infrastructure. for Legislative Affairs, Department of State, tral Aleutian District of the Bering Sea and f transmitting certification of a proposed li- Aleutian Islands [Docket No. 000211040–0040– REPORTS OF COMMITTEES ON cense for the export of defense articles or de- 01; I.D. 071400C] received July 20, 2000, pursu- fense services sold commercially under a ant to 5 U.S.C. 801(a)(1)(A); to the Committee PUBLIC BILLS AND RESOLUTIONS contract to the United Kingdom [Trans- on Resources. Under clause 2 of rule XIII, reports of mittal No. DTC 36–00], pursuant to 22 U.S.C. 9422. A letter from the Acting Executive committees were delivered to the Clerk 2776(d); to the Committee on International Director, Commodity Futures Trading Com- for printing and reference to the proper Relations. mission, transmitting the Commission’s calendar, as follows: 9412. A letter from the Assistant Secretary final rule—Adjustment of Civil Monetary [Omitted from the Record of July 25, 2000] for Export Administration, Department of Penalties for Inflation (RIN: 3038–AB59) re- Commerce, transmitting the Department’s ceived July 25, 2000, pursuant to 5 U.S.C. Mr. TALENT: Committee on Small Busi- final rule—Reexports to Serbia of Foreign 801(a)(1)(A); to the Committee on the Judici- ness. H.R. 4530. A bill to amend the Small Business Investment Act of 1958 to direct the Registered Aircraft Subject to the Export ary. Administrator of the Small Business Admin- Administration Regulations [Docket No. 9423. A letter from the Assistant Secretary istration to establish a New Market Venture 000717209–0209–01] (RIN: 0694–AC26) received of the Army, Civil Works, Department of De- Capital Program, and for other purposes July 26, 2000, pursuant to 5 U.S.C. fense, transmitting a report on an environ- (Rept. 106–785). Referred to the Committee of 801(a)(1)(A); to the Committee on Inter- mental restoration and recreation project the Whole House on the State of the Union. national Relations. along the Rio Salado and Indian Bend Wash 9413. A letter from the Secretary of Agri- in Phoenix and Tempe, Arizonia; to the Com- [Submitted July 26, 2000] culture, transmitting the semiannual report mittee on Transportation and Infrastruc- Mr. ARCHER: Committee on Ways and of the Inspector General for the 6-month pe- ture. Means. H.R. 4844. A bill to modernize the fi- riod ending March 31, 2000, pursuant to 5 9424. A letter from the Associate Adminis- nancing of the railroad retirement system U.S.C. app. (Insp. Gen. Act) section 5(b); to trator for Procurement, National Aero- and to provide enhanced benefits to employ- the Committee on Government Reform. nautics and Space Administration, transmit- ees and beneficiaries; with an amendment 9414. A letter from the Secretary of Com- ting the Administration’s Final rule—Ex- (Rept. 106–777 Pt. 2). Referred to the Com- merce, transmitting the semiannual report emption of SBIR/STTR Phase II Contracts mittee of the Whole House on the State of on the activities of the Office of Inspector from Interim Past Performance Evaluations the Union, and ordered to be printed. General for the period September 1, 1999 Under FAR Part 42—received July 18, 2000, Mr. ARCHER: Committee on Ways and through March 31, 2000, pursuant to 5 U.S.C. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Means. H.R. 4678. A bill to provide more app. (Insp. Gen. Act) section 5(b); to the mittee on Science. child support money to families leaving wel- Committee on Government Reform. 9425. A letter from the Associate Adminis- fare, to simplify the rules governing the as- 9415. A letter from the Assistant Secretary trator for Procurement, National Aero- signment and distribution of child support for Legislative Affairs, Department of State, nautics and Space Administration, transmit- collected by States on behalf of children, to transmitting the Department’s Affirmative ting the Administration’s final rule—Revises improve the collection of child support, to Employment Program Accomplishments Re- the Final Reports under NASA Research and promote marriage, and for other purposes; port for FY 1999, pursuant to 22 U.S.C. Development Contracts —received July 18, with an amendment (Rept. 106–793 Pt. 1). 3905(d)(2); to the Committee on Government 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the Mr. ARCHER: Committee on Ways and Reform. Committee on Science. Means. House Joint Resolution 99. Resolu- 9416. A letter from the Administrator, En- 9426. A letter from the Chief, Regulations tion disapproving the extension of the waiver vironmental Protection Agency, transmit- Unit, Internal Revenue Service, transmitting authority contained in section 402(c) of the ting the semiannual report on activities of the Service’s final rule—Coordinated Issue: Trade Act of 1974 with respect to Vietnam the Inspector General for the period October Motor Vehicle Industry Service Technician (Adverse Rept. 106–794). Referred to the Com- 1, 1999, through March 31, 2000, pursuant to 5 Tool Reimbursements (UIL 62.15–00) received mittee of the Whole House on the State of U.S.C. app. (Insp. Gen. Act) section 5(b); to July 24, 2000, pursuant to 5 U.S.C. the Union, and ordered to be printed. Mr. SESSIONS: Committee on Rules. the Committee on Government Reform. 801(a)(1)(A); to the Committee on Ways and House Resolution 564. Resolution providing 9417. A letter from the Chairman, Federal Means. for consideration of the bill (H.R. 4865) to Trade Commission, transmitting a copy of 9427. A letter from the Chief, Regulations amend the Internal Revenue Code of 1986 to the annual report in compliance with the Unit, Internal Revenue Service, transmitting repeal the 1993 income tax increase on Social Government in the Sunshine Act during the the Service’s final rule—Weighted Average Security benefits (Rept. 106–795). Referred to calendar year 1999, pursuant to 5 U.S.C. Interest Rate Update [Notice 2000–40] re- the House Calendar. 552b(j); to the Committee on Government Re- ceived July 24, 2000, pursuant to 5 U.S.C. form. 801(a)(1)(A); to the Committee on Ways and DISCHARGE OF COMMITTEE 9418. A letter from the Inspector General, Means. Pursuant to clause 5 of rule X the General Services Administration, transmit- 9428. A letter from the Chief, Regulations Committees on the Judiciary and Edu- ting the Audit Report Register, including all Unit, Internal Revenue Service, transmitting cation and the Workforce discharged. financial recommendations, for the period the Service’s final rule—Determination of H.R. 4678 referred to the Committee of ending March 31, 2000, pursuant to 5 U.S.C. Issue Price in the Case of Certain Debt In- the Whole House on the State of the app. (Insp. Gen. Act) section 5(d); to the struments Issued for Property [Rev. Rul. Union and ordered to be printed. Committee on Government Reform. 2000–38] received July 24, 2000, pursuant to 5 9419. A letter from the Executive Director, U.S.C. 801(a)(1)(A); to the Committee on TIME LIMITATION ON REFERRED BILL Interstate Commission on the Potomac Ways and Means. Pursuant to clause 5 of rule X the fol- River Basin, transmitting the report pursu- 9429. A letter from the Chief, Regulations lowing action was taken by the Speak- ant to the Federal Managers’ Financial In- Unit, Internal Revenue Service, transmitting er:

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00091 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.003 H26JY0 July 26, 2000 CONGRESSIONAL RECORD—HOUSE 16515 H.R. 4678. Referral to the Committees on United States to enact H.R. 271 of 1999, the 448. Also, a memorial of the Legislature of the Judiciary and Education and the Work- Justice for Holocaust Survivors Act, which the State of New Hampshire, relative to force extended for a period ending not later would permit U.S. citizens who are victims House Joint Resolution memorializing Con- than July 26, 2000. of the Holocaust, whether or not they were gress to pass legislation ensuring improved U.S. citizens during World War II, to sue the access to local television for households in f Federal Republic of Germany for compensa- unserved and underserved rural areas; joint- MEMORIALS tion in U.S. courts of law; to the Committee ly to the Committees on Commerce, Agri- on the Judiciary. culture, and the Judiciary. Under clause 3 of rule XII, memorials 441. Also, a memorial of General Assembly f were presented and referred as follows: of the State of New Jersey, relative to Reso- 433. The SPEAKER presented a memorial lution No. 48 memorializing Congress to PETITIONS, ETC. of the Senate of the State of Michigan, rel- enact H.R. 2456, The Marriage Tax Elimi- Under clause 3 of rule XII, petitions ative to Senate Resolution No. 189 memori- nation Act; to the Committee on Ways and and papers were laid on the clerk’s alizing the Congress of the United States to Means. 442. Also, a memorial of the House of Rep- desk and referred as follows: investigate the rapid increase in gasoline 99. The SPEAKER presented a petition of prices and to take immediate action; to the resentatives of the State of Michigan, rel- ative to House Concurrent Resolution No. 27 Essex County Board of Supervisors, Essex, Committee on Commerce. NY, relative to Resolution No. 100 supporting 434. Also, a memorial of the Legislature of memorializing the Congress of the United States to maintain its commitment to Amer- the Heritage Cooridor-Champlain Valley the State of New Hampshire, relative to Economic Initiative; to the Committee on House Concurrent Resolution No. 35 memori- ica’s retirees by providing lifetime health care for military retirees over the age of Resources. alizing the United States Food and Drug Ad- 100. Also, a petition of City of Detroit City ministration to defer its proposed rules re- sixty-five; to enact comprehensive legisla- tion that affords military retirees the ability Council, Detroit, MI, relative to a Resolution quiring pasteurization for apple cider and to access health care either through military in support of reparations to descendants of consider adoption of alternative processing treatment facilities or through the mili- African/African American Slaves and peti- standards; to the Committee on Commerce. tary’s network of health care providers, as tioning the United States Congress to con- 435. Also, a memorial of the General As- well as legistation to require opening the vene hearings on the issue of reparations, in sembly of the State of New Jersey, relative support of legislation to authorize such rep- Federal Employees Health Benefits Program to Assembly Resolution No. 72 memori- arations; to the Committee on the Judiciary. to those eligible for Medicare; jointly to the alizing the United States Congress and the 101. Also, a petition of City of Detroit City Committees on Armed Services and Govern- President to enact statutory provisions Council, Detroit, Michigan, relative to a Res- ment Reform. olution supporting the Stebenow Bill, H.R. which would permit additional states to es- 443. Also, a memorial of the Legislature of 3144, and urges its immediate passage; to the tablish private long-term care insurance pro- the Commonwealth of Guam, relative to Res- grams with asset protection features similar Committee on the Judiciary. olution No. 308 memorializing the President, 102. Also, a petition of City of Kaktovik, to the New York State Partnership for Long- the United States Congress and the Surgeon Term Care, in order to stimulate the devel- Office of the Mayor, relative to Resolution General to establish a small National Public No. 00–04 petitioning the United States Con- opment of an expanded private long term- Health Service Hospital on Guam to provide care insurance market nationwide; to the gress to support the Conservation and Rein- free health care to medically indigent pa- vestment act of 1999: H.R. 701 and S. 2123; Committee on Commerce. tients on Guam because of Federal law; to 436. Also, a memorial of the Legislature of jointly to the Committees on Resources, Ag- provide additional doctors and nurses riculture, and the Budget. the State of Alaska, relative to CSSenate through the National Public Health Service f Joint Resolution No. 39 L.R. No. 38 memori- for the purpose of caring for medically indi- alizing the United States Congress to pass S. gent parients; or to appropriate four million b 0700 2214, a bill opening the coastal plain of the dollars annually to the Guam Memorial Hos- Arctic National Wildlife Refuge to respon- pital to defray costs; jointly to the Commit- AFTER RECESS sible exploration, development, and produc- tees on Commerce and Resources. The recess having expired, the House tion of its oil and gas resources; to the Com- 444. Also, a memorial of the Senate of the was called to order by the Speaker pro mittee on Resources. State of Michigan, relative to Senate Reso- 437. Also, a memorial of the House of Rep- tempore (Mr. REYNOLDS) at 7 o’clock lution No. 133 memorializing the Congress of a.m. resentatives of the Commonwealth of Massa- the United States to provide adequate fund- chusetts, relative to a Resolution memori- ing for Michigan’s remedial action plans for f alizing the Congress of the United States to areas of concern under the Great Lakes CONFERENCE REPORT ON H.R. 4516, fully fund the Ricky Ray Hemophilia Relief Water Quality Agreement; jointly to the Fund Act of 1998 in the year 2000 so that LEGISLATIVE BRANCH APPRO- Committees on Transportation and Infra- PRIATIONS ACT, 2001 there is no delay between the authorization structure and Commerce. and timely appropriation of this relief; to 445. Also, a memorial of the Legislature of Mr. TAYLOR of North Carolina sub- the Committee on the Judiciary. the State of New Hampshire, relative to mitted the following conference report 438. Also, a memorial of the Legislature of House Joint Resolution No. 22 memorializing and statement on the bill (H.R. 4516) the State of New Hampshire, relative to the Congress to instruct the Health Care Fi- making appropriations for the Legisla- House Concurrent Resolution No. 27 memori- nancing Administration and its fiscal inter- alizing Congress to propose an amendment to tive Branch for the fiscal year ending mediaries that the legislative intent under September 30, 2001, and for other pur- the U.S. Constitution to prevent federal the Balanced Budget Act of 1997 has been ac- courts from instructing states or political complished; and further urging the President poses: subdivisions of states to levy or increase of the United States and Congress to act to CONFERENCE REPORT (H. REPT. 106–796) taxes; to the Committee on the Judiciary. eliminate further Medicare revenue reduc- The committee of conference on the dis- 439. Also, a memorial of the Legislature of tions of the Act and thereby protect bene- agreeing votes of the two Houses on the the State of Alaska, relative to CS House ficiaries’ access to quality care when needed; amendments of the Senate to the bill (H.R. Joint Resolution No. 48 L.R. No. 40 memori- jointly to the Committees on Ways and 4516) ‘‘making appropriations for the Legisla- alizing the United States Congress to amend Means and Commerce. tive Branch for the fiscal year ending Sep- the Illegal Immigration Reform and Immi- 446. Also, a memorial of the Senate of the tember 30, 2001, and for other purposes’’, hav- grant Responsibility Act of 1996 to exempt State of Michigan, relative to Senate Joint ing met, after full and free conference, have from the requirements of sec. 110 of that Act Resolution No. 153 memorializing the Con- agreed to recommend and do recommend to Canadian citizens who enter at land border gress of the United States to enact legisla- their respective Houses as follows: crossing stations along the border between tion to remove the time limit for medicare Amendment numbered 1: the United States and Canada; and further coverage for immunosuppressive drugs; That the House recede from its disagree- requesting that additional resources are pro- jointly to the Committees on Ways and ment to the amendment of the Senate num- vided to adequately faciliate the free flow of Means and Commerce. bered 1, and agree to the same with an people and the fair trade of goods and serv- 447. Also, a memorial of the Legislature of amendment, as follows: ices across the border between the United the State of New Hampshire, relative to In lieu of the matter proposed by said States and Canada; to the Committee on the House Concurrent Resolution No. 20 memori- amendment, insert: Judiciary. alizing Congress to stop the collection of cer- DIVISION A 440. Also, a memorial of the General As- tain kinds of information from patients in a LEGISLATIVE BRANCH APPROPRIATIONS sembly of the State of New Jersey, relative home health care setting; jointly to the That the following sums are appropriated, out to Assembly Resolution No. 58 memori- Committees on Ways and Means and Com- of any money in the Treasury not otherwise ap- alizing the President and the Congress of the merce. propriated, for the Legislative Branch for the

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00092 Fmt 0688 Sfmt 6333 E:\BR00\H26JY0.003 H26JY0 16516 CONGRESSIONAL RECORD—HOUSE July 26, 2000

fiscal year ending September 30, 2001, and for OFFICE OF THE LEGISLATIVE COUNSEL OF THE (1) in subsection (a)— other purposes, namely: SENATE (A) by inserting ‘‘(or section 5304 or 5304a of TITLE I—CONGRESSIONAL OPERATIONS For salaries and expenses of the Office of the such title, as applied to employees employed in SENATE Legislative Counsel of the Senate, $4,046,000. the pay locality of the Washington, D.C.-Balti- more, Maryland consolidated metropolitan sta- OFFICE OF SENATE LEGAL COUNSEL PAYMENT TO WIDOWS AND HEIRS OF DECEASED tistical area)’’ after ‘‘employees under section MEMBERS OF CONGRESS For salaries and expenses of the Office of Sen- 5303 of title 5, United States Code,’’; and For a payment to Nancy Nally Coverdell, ate Legal Counsel, $1,069,000. (B) by inserting ‘‘(and, as the case may be, widow of Paul D. Coverdell, late a Senator from EXPENSE ALLOWANCES OF THE SECRETARY OF section 5304 or 5304a of such title, as applied to Georgia, $141,300. THE SENATE, SERGEANT AT ARMS AND DOOR- employees employed in the pay locality of the EXPENSE ALLOWANCES KEEPER OF THE SENATE, AND SECRETARIES FOR Washington, D.C.-Baltimore, Maryland consoli- For expense allowances of the Vice President, THE MAJORITY AND MINORITY OF THE SENATE dated metropolitan statistical area)’’ after ‘‘the $10,000; the President Pro Tempore of the Sen- For expense allowances of the Secretary of the President under such section 5303’’; ate, $10,000; Majority Leader of the Senate, Senate, $3,000; Sergeant at Arms and Door- (2) by redesignating subsection (e) as sub- $10,000; Minority Leader of the Senate, $10,000; keeper of the Senate, $3,000; Secretary for the section (f); and (3) by inserting after subsection (d) the fol- Majority Whip of the Senate, $5,000; Minority Majority of the Senate, $3,000; Secretary for the lowing: Whip of the Senate, $5,000; and Chairmen of the Minority of the Senate, $3,000; in all, $12,000. Majority and Minority Conference Committees, ‘‘(e) Any percentage used in any statute spe- CONTINGENT EXPENSES OF THE SENATE $3,000 for each Chairman; and Chairmen of the cifically providing for an adjustment in rates of Majority and Minority Policy Committees, $3,000 INQUIRIES AND INVESTIGATIONS pay in lieu of an adjustment made under section for each Chairman; in all, $62,000. For expenses of inquiries and investigations 5303 of title 5, United States Code, and, as the REPRESENTATION ALLOWANCES FOR THE ordered by the Senate, or conducted pursuant to case may be, section 5304 or 5304a of such title MAJORITY AND MINORITY LEADERS section 134(a) of Public Law 601, Seventy-ninth for any calendar year shall be treated as the percentage used in an adjustment made under For representation allowances of the Majority Congress, as amended, section 112 of Public Law such section 5303, 5304, or 5304a, as applicable, and Minority Leaders of the Senate, $15,000 for 96–304 and Senate Resolution 281, agreed to for purposes of subsection (a).’’. each such Leader; in all, $30,000. March 11, 1980, $73,000,000. SEC. 3. (a) Section 6(c) of the Legislative SALARIES, OFFICERS AND EMPLOYEES EXPENSES OF THE UNITED STATES SENATE CAUCUS ON INTERNATIONAL NARCOTICS CONTROL Branch Appropriations Act, 1999 (2 U.S.C. 121b– For compensation of officers, employees, and 1(c)) is amended— For expenses of the United States Senate Cau- others as authorized by law, including agency (1) by striking ‘‘and agency contributions’’ in cus on International Narcotics Control, $370,000. contributions, $92,321,000, which shall be paid paragraph (2)(A), and from this appropriation without regard to the SECRETARY OF THE SENATE (2) by adding at the end the following: below limitations, as follows: For expenses of the Office of the Secretary of ‘‘(3) Agency contributions for employees of OFFICE OF THE VICE PRESIDENT the Senate, $2,077,000. Senate Hair Care Services shall be paid from the appropriations account for ‘SALARIES, OFFICERS For the Office of the Vice President, SERGEANT AT ARMS AND DOORKEEPER OF THE AND EMPLOYEES’.’’ $1,785,000. SENATE (b) This section shall apply to pay periods be- OFFICE OF THE PRESIDENT PRO TEMPORE For expenses of the Office of the Sergeant at ginning on or after October 1, 2000. For the Office of the President Pro Tempore, Arms and Doorkeeper of the Senate, $71,511,000, SEC. 4. (a) There is established in the Treas- $453,000. of which $2,500,000 shall remain available until ury of the United States a revolving fund to be OFFICES OF THE MAJORITY AND MINORITY September 30, 2003. known as the Senate Health and Fitness Facil- LEADERS MISCELLANEOUS ITEMS ity Revolving Fund (‘‘the revolving fund’’). For Offices of the Majority and Minority For miscellaneous items, $8,655,000. (b) The Architect of the Capitol shall deposit Leaders, $2,742,000. in the revolving fund— SENATORS’ OFFICIAL PERSONNEL AND OFFICE (1) any amounts received as dues or other as- OFFICES OF THE MAJORITY AND MINORITY WHIPS EXPENSE ACCOUNT sessments for use of the Senate Health and Fit- For Offices of the Majority and Minority For Senators’ Official Personnel and Office ness Facility, and Whips, $1,722,000. Expense Account, $253,203,000. (2) any amounts received from the operation COMMITTEE ON APPROPRIATIONS OFFICIAL MAIL COSTS of the Senate waste recycling program. For salaries of the Committee on Appropria- For expenses necessary for official mail costs (c) Subject to the approval of the Committee tions, $6,917,000. of the Senate, $300,000. on Appropriations of the Senate, amounts in the CONFERENCE COMMITTEES revolving fund shall be available to the Archi- ADMINISTRATIVE PROVISIONS tect of the Capitol, without fiscal year limita- For the Conference of the Majority and the SECTION 1. SEMIANNUAL REPORT. (a) IN GEN- tion, for payment of costs of the Senate Health Conference of the Minority, at rates of com- ERAL.—Section 105(a) of the Legislative Branch and Fitness Facility. pensation to be fixed by the Chairman of each Appropriations Act, 1965 (2 U.S.C. 104a) is (d) The Architect of the Capitol shall with- such committee, $1,152,000 for each such com- amended by adding at the end the following: draw from the revolving fund and deposit in the mittee; in all, $2,304,000. ‘‘(5)(A) Notwithstanding the requirements of Treasury of the United States as miscellaneous OFFICES OF THE SECRETARIES OF THE CON- paragraph (1) relating to the level of detail of receipts all moneys in the revolving fund that FERENCE OF THE MAJORITY AND THE CON- statement and itemization, each report by the the Architect determines are in excess of the FERENCE OF THE MINORITY Secretary of the Senate required under such current and reasonably foreseeable needs of the For Offices of the Secretaries of the Con- paragraph shall be compiled at a summary level Senate Health and Fitness Facility. ference of the Majority and the Conference of for each office of the Senate authorized to obli- (e) Subject to the approval of the Committee the Minority, $590,000. gate appropriated funds. on Rules and Administration of the Senate, the POLICY COMMITTEES ‘‘(B) Subparagraph (A) shall not apply to the Architect of the Capitol may issue such regula- For salaries of the Majority Policy Committee reporting of expenditures relating to personnel tions as may be necessary to carry out the provi- and the Minority Policy Committee, $1,171,000 compensation, travel and transportation of per- sions of this section. for each such committee; in all, $2,342,000. sons, other contractual services, and acquisition SEC. 5. For each fiscal year (commencing with of assets. the fiscal year ending September 30, 2001), there OFFICE OF THE CHAPLAIN ‘‘(C) In carrying out this paragraph the Sec- is authorized an expense allowance for the For Office of the Chaplain, $288,000. retary of the Senate shall apply the Standard Chairmen of the Majority and Minority Policy OFFICE OF THE SECRETARY Federal Object Classification of Expenses as the Committees which shall not exceed $3,000 each For Office of the Secretary, $14,738,000. Secretary determines appropriate.’’. fiscal year for each such Chairman; and OFFICE OF THE SERGEANT AT ARMS AND (b) EFFECTIVE DATE AND APPLICATION.— amounts from such allowance shall be paid to DOORKEEPER (1) IN GENERAL.—Subject to paragraph (2), the either of such Chairmen only as reimbursement For Office of the Sergeant at Arms and Door- amendment made by this section shall take ef- for actual expenses incurred by him and upon keeper, $34,811,000. fect on the date of enactment of this Act. certification and documentation of such ex- (2) FIRST REPORT AFTER ENACTMENT.—The penses, and amounts so paid shall not be re- OFFICES OF THE SECRETARIES FOR THE MAJORITY Secretary of the Senate may elect to compile and ported as income and shall not be allowed as a AND MINORITY submit the report for the semiannual period dur- deduction under the Internal Revenue Code of For Offices of the Secretary for the Majority ing which the date of enactment of this section 1986. and the Secretary for the Minority, $1,292,000. occurs, as if the amendment made by this sec- SEC. 6. (a) The head of the employing office of AGENCY CONTRIBUTIONS AND RELATED EXPENSES tion had not been enacted. an employee of the Senate may, upon termi- For agency contributions for employee bene- SEC. 2. SENATE EMPLOYEE PAY ADJUSTMENTS. nation of employment of the employee, author- fits, as authorized by law, and related expenses, Section 4 of the Federal Pay Comparability Act ize payment of a lump sum for the accrued an- $22,337,000. of 1970 (2 U.S.C. 60a–1) is amended— nual leave of that employee if—

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00093 Fmt 0688 Sfmt 6333 E:\BR00\H26JY0.004 H26JY0 July 26, 2000 CONGRESSIONAL RECORD—HOUSE 16517 (1) the head of the employing office— er, $1,759,000, including $25,000 for official ex- penses of the Office of the Legislative Counsel of (A) has approved a written leave policy au- penses of the Speaker; Office of the Majority the House, $5,085,000; for salaries and expenses thorizing employees to accrue leave and estab- Floor Leader, $1,726,000, including $10,000 for of the Corrections Calendar Office, $832,000; and lishing the conditions upon which accrued leave official expenses of the Majority Leader; Office for other authorized employees, $213,000. may be paid; and of the Minority Floor Leader, $2,096,000, includ- ALLOWANCES AND EXPENSES (B) submits written certification to the Finan- ing $10,000 for official expenses of the Minority For allowances and expenses as authorized by cial Clerk of the Senate of the number of days Leader; Office of the Majority Whip, including House resolution or law, $141,764,000, including: of annual leave accrued by the employee for the Chief Deputy Majority Whip, $1,466,000, in- supplies, materials, administrative costs and which payment is to be made under the written cluding $5,000 for official expenses of the Major- Federal tort claims, $2,235,000; official mail for leave policy of the employing office; and ity Whip; Office of the Minority Whip, includ- (2) there are sufficient funds to cover the lump committees, leadership offices, and administra- ing the Chief Deputy Minority Whip, $1,096,000, tive offices of the House, $410,000; Government sum payment. including $5,000 for official expenses of the Mi- (b)(1) A lump sum payment under this section contributions for health, retirement, Social Se- nority Whip; Speaker’s Office for Legislative shall not exceed the lesser of— curity, and other applicable employee benefits, (A) twice the monthly rate of pay of the em- Floor Activities, $410,000; Republican Steering $138,726,000; and miscellaneous items including ployee; or Committee, $765,000; Republican Conference, purchase, exchange, maintenance, repair and (B) the product of the daily rate of pay of the $1,255,000; Democratic Steering and Policy Com- operation of House motor vehicles, inter- employee and the number of days of accrued an- mittee, $1,352,000; Democratic Caucus, $668,000; parliamentary receptions, and gratuities to heirs nual leave of the employee. nine minority employees, $1,229,000; training of deceased employees of the House, $393,000. (2) The Secretary of the Senate shall deter- and program development—majority $278,000; CHILD CARE CENTER and training and program development—minor- mine the rates of pay of an employee under For salaries and expenses of the House of ity, $278,000. paragraph (1) (A) and (B) on the basis of the Representatives Child Care Center, such annual rate of pay of the employee in effect on MEMBERS’ REPRESENTATIONAL ALLOWANCES amounts as are deposited in the account estab- the date of termination of employment. INCLUDING MEMBERS’ CLERK HIRE, OFFICIAL lished by section 312(d)(1) of the Legislative (c) Any payment under this section shall be EXPENSES OF MEMBERS, AND OFFICIAL MAIL Branch Appropriations Act, 1992 (40 U.S.C. paid from the appropriation account or fund 184g(d)(1)), subject to the level specified in the used to pay the employee. For Members’ representational allowances, in- (d) If an individual who received a lump sum cluding Members’ clerk hire, official expenses, budget of the Center, as submitted to the Com- payment under this section is reemployed as an and official mail, $410,182,000. mittee on Appropriations of the House of Rep- employee of the Senate before the end of the pe- COMMITTEE EMPLOYEES resentatives. riod covered by the lump sum payment, the indi- STANDING COMMITTEES, SPECIAL AND SELECT ADMINISTRATIVE PROVISIONS vidual shall refund an amount equal to the ap- For salaries and expenses of standing commit- SEC. 101. During fiscal year 2001 and any suc- plicable pay covering the period between the tees, special and select, authorized by House res- ceeding fiscal year, the Chief Administrative Of- date of reemployment and the expiration of the olutions, $92,196,000: Provided, That such ficer of the House of Representatives may— (1) enter into contracts for the acquisition of lump sum period. Such amount shall be depos- amount shall remain available for such salaries severable services for a period that begins in 1 ited to the appropriation account or fund used and expenses until December 31, 2002. to pay the lump sum payment. fiscal year and ends in the next fiscal year to (e) The Committee on Rules and Administra- COMMITTEE ON APPROPRIATIONS the same extent as the head of an executive tion of the Senate may prescribe regulations to For salaries and expenses of the Committee on agency under the authority of section 303L of carry out this section. Appropriations, $20,628,000, including studies the Federal Property and Administrative Serv- (f) In this section, the term— and examinations of executive agencies and ices Act of 1949 (41 U.S.C. 253l); and (1) ‘‘employee of the Senate’’ means any em- temporary personal services for such committee, (2) enter into multi-year contracts for the ac- ployee whose pay is disbursed by the Secretary to be expended in accordance with section 202(b) quisitions of property and nonaudit-related of the Senate, except that the term does not in- of the Legislative Reorganization Act of 1946 services to the same extent as executive agencies clude a member of the Capitol Police or a civil- and to be available for reimbursement to agen- under the authority of section 304B of the Fed- ian employee of the Capitol Police; and cies for services performed: Provided, That such eral Property and Administrative Services Act of (2) ‘‘head of the employing office’’ means any amount shall remain available for such salaries 1949 (41 U.S.C. 254c). person with the final authority to appoint, hire, and expenses until December 31, 2002. SEC. 102. (a) PERMITTING NEW HOUSE EMPLOY- discharge, and set the terms, conditions, or SALARIES, OFFICERS AND EMPLOYEES EES TO BE PLACED ABOVE MINIMUM STEP OF privileges of the employment of an individual COMPENSATION LEVEL.—The House Employees For compensation and expenses of officers and whose pay is disbursed by the Secretary of the Position Classification Act (2 U.S.C. 291 et seq.) employees, as authorized by law, $90,403,000, in- Senate. is amended by striking section 10 (2 U.S.C. 299). cluding: for salaries and expenses of the Office SEC. 7. (a) Agency contributions for employees (b) EFFECTIVE DATE.—The amendment made whose salaries are disbursed by the Secretary of of the Clerk, including not more than $3,500, of by subsection (a) shall apply with respect to em- the Senate from the appropriations account which not more than $2,500 is for the Family ployees appointed on or after October 1, 2000. ‘‘JOINT ECONOMIC COMMITTEE’’ under the head- Room, for official representation and reception SEC. 103. (a) REQUIRING AMOUNTS REMAINING ing ‘‘JOINT ITEMS’’ shall be paid from the Sen- expenses, $14,590,000; for salaries and expenses IN MEMBERS’ REPRESENTATIONAL ALLOWANCES ate appropriations account for ‘‘SALARIES, OFFI- of the Office of the Sergeant at Arms, including TO BE USED FOR DEFICIT REDUCTION OR TO RE- CERS AND EMPLOYEES’’. the position of Superintendent of Garages, and DUCE THE FEDERAL DEBT.—Notwithstanding (b) This section shall apply to pay periods be- including not more than $750 for official rep- any other provision of law, any amounts appro- ginning on or after October 1, 2000. resentation and reception expenses, $3,692,000; priated under this Act for ‘‘HOUSE OF REP- SEC. 8. Section 316 of Public Law 101–302 (40 for salaries and expenses of the Office of the RESENTATIVES—SALARIES AND EXPENSES— U.S.C. 188b–6) is amended— Chief Administrative Officer, $58,550,000, of MEMBERS’ REPRESENTATIONAL ALLOWANCES’’ (1) in the first sentence of subsection (a) by which $1,054,000 shall remain available until ex- shall be available only for fiscal year 2001. Any striking ‘‘items of art, fine art, and historical pended, including $26,605,000 for salaries, ex- amount remaining after all payments are made items’’ and inserting ‘‘works of art, historical penses and temporary personal services of House under such allowances for fiscal year 2001 shall objects, documents or material relating to histor- Information Resources, of which $26,020,000 is be deposited in the Treasury and used for deficit ical matters for placement or exhibition’’; provided herein: Provided, That of the amount reduction (or, if there is no Federal budget def- (2) in the second sentence of subsection (a)— provided for House Information Resources, icit after all such payments have been made, for (A) by striking ‘‘such items’’ each place it ap- $6,497,000 shall be for net expenses of tele- pears and inserting ‘‘such works, objects, docu- reducing the Federal debt, in such manner as communications: Provided further, That House the Secretary of the Treasury considers appro- ments, or material’’ in each such place; and Information Resources is authorized to receive (B) by striking ‘‘an item’’ and inserting ‘‘a priate). reimbursement from Members of the House of work, object, document, or material’’; and (b) REGULATIONS.—The Committee on House Representatives and other governmental entities (3) in subsection (b)— Administration of the House of Representatives (A) by striking ‘‘such items of art’’ and insert- for services provided and such reimbursement shall have authority to prescribe regulations to ing ‘‘such works, objects, documents, or mate- shall be deposited in the Treasury for credit to carry out this section. rials’’; and this account; for salaries and expenses of the (c) DEFINITION.—As used in this section, the (B) by striking ‘‘shall’’ and inserting ‘‘may’’. Office of the Inspector General, $3,249,000; for term ‘‘Member of the House of Representatives’’ HOUSE OF REPRESENTATIVES salaries and expenses of the Office of General means a Representative in, or a Delegate or Counsel, $806,000; for the Office of the Chap- Resident Commissioner to, the Congress. SALARIES AND EXPENSES lain, $140,000; for salaries and expenses of the SEC. 104. (a) There is hereby appropriated for For salaries and expenses of the House of Office of the Parliamentarian, including the payment to the Prince William County Public Representatives, $769,551,000, as follows: Parliamentarian and $2,000 for preparing the Schools $215,000, to be used to pay for edu- HOUSE LEADERSHIP OFFICES Digest of Rules, $1,201,000; for salaries and ex- cational services for the son of Mrs. Evelyn Gib- For salaries and expenses, as authorized by penses of the Office of the Law Revision Coun- son, the widow of Detective John Michael Gib- law, $14,378,000, including: Office of the Speak- sel of the House, $2,045,000; for salaries and ex- son of the United States Capitol Police.

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00094 Fmt 0688 Sfmt 6333 E:\BR00\H26JY0.004 H26JY0 16518 CONGRESSIONAL RECORD—HOUSE July 26, 2000 (b) The payment under subsection (a) shall be assigned to the Office of the Attending Physi- tive Officer the Capitol Police Board, shall ap- made in accordance with terms and conditions cian, which shall be advanced and credited to point certifying officers to certify all vouchers established by the Committee on House Adminis- the applicable appropriation or appropriations for payment from funds made available to the tration of the House of Representatives. from which such salaries, allowances, and other United States Capitol Police. (c) The funds used for the payment made expenses are payable and shall be available for (b) RESPONSIBILITY AND ACCOUNTABILITY OF under subsection (a) shall be derived from the all the purposes thereof, $1,835,000, to be dis- CERTIFYING OFFICERS.— applicable accounts of the House of Representa- bursed by the Chief Administrative Officer of (1) IN GENERAL.—Each officer or employee of tives. the House. the Capitol Police who has been duly authorized in writing by the Chief Administrative Officer, JOINT ITEMS CAPITOL POLICE BOARD or the Capitol Police Board if there is not a For Joint Committees, as follows: CAPITOL POLICE Chief Administrative Officer, to certify vouchers JOINT CONGRESSIONAL COMMITTEE ON SALARIES pursuant to subsection (a) shall— INAUGURAL CEREMONIES OF 2001 For the Capitol Police Board for salaries of of- (A) be held responsible for the existence and For all construction expenses, salaries, and ficers, members, and employees of the Capitol correctness of the facts recited in the certificate other expenses associated with conducting the Police, including overtime, hazardous duty pay or otherwise stated on the voucher or its sup- inaugural ceremonies of the President and Vice differential, clothing allowance of not more porting papers and for the legality of the pro- President of the United States, January 20, 2001, than $600 each for members required to wear ci- posed payment under the appropriation or fund in accordance with such program as may be vilian attire, and Government contributions for involved; adopted by the joint committee authorized by health, retirement, Social Security, and other (B) be held responsible and accountable for Senate Concurrent Resolution 89, agreed to applicable employee benefits, $97,142,000, of the correctness of the computations of certified March 14, 2000 (One Hundred Sixth Congress), which $47,053,000 is provided to the Sergeant at vouchers; and and Senate Concurrent Resolution 90, agreed to Arms of the House of Representatives, to be dis- (C) be held accountable for and required to March 14, 2000 (One Hundred Sixth Congress), bursed by the Chief Administrative Officer of make good to the United States the amount of $1,000,000 to be disbursed by the Secretary of the the House, and $50,089,000 is provided to the any illegal, improper, or incorrect payment re- Senate and to remain available until September Sergeant at Arms and Doorkeeper of the Senate, sulting from any false, inaccurate, or misleading 30, 2001. Funds made available under this head- to be disbursed by the Secretary of the Senate: certificate made by such officer or employee, as ing shall be available for payment, on a direct Provided, That, of the amounts appropriated well as for any payment prohibited by law or or reimbursable basis, whether incurred on, be- under this heading, such amounts as may be which did not represent a legal obligation under fore, or after, October 1, 2000: Provided, That necessary may be transferred between the Ser- the appropriation or fund involved. the compensation of any employee of the Com- geant at Arms of the House of Representatives (2) RELIEF BY COMPTROLLER GENERAL.—The mittee on Rules and Administration of the Sen- and the Sergeant at Arms and Doorkeeper of the Comptroller General may, at the Comptroller ate who has been designated to perform service Senate, upon approval of the Committee on Ap- General’s discretion, relieve such certifying offi- for the Joint Congressional Committee on Inau- propriations of the House of Representatives cer or employee of liability for any payment oth- gural Ceremonies shall continue to be paid by and the Committee on Appropriations of the erwise proper if the Comptroller General finds— (A) that the certification was based on official the Committee on Rules and Administration, but Senate. the account from which such staff member is records and that the certifying officer or em- GENERAL EXPENSES paid may be reimbursed for the services of the ployee did not know, and by reasonable dili- staff member (including agency contributions For the Capitol Police Board for necessary ex- gence and inquiry could not have ascertained, when appropriate) out of funds made available penses of the Capitol Police, including motor ve- the actual facts; or under this heading. hicles, communications and other equipment, se- (B) that the obligation was incurred in good faith, that the payment was not contrary to any ADMINISTRATIVE PROVISION curity equipment and installation, uniforms, weapons, supplies, materials, training, medical statutory provision specifically prohibiting pay- SEC. 105. During fiscal year 2001 the Secretary ments of the character involved, and the United of Defense shall provide protective services on a services, forensic services, stenographic services, States has received value for such payment. non-reimbursable basis to the United States personal and professional services, the employee (c) ENFORCEMENT OF LIABILITY.—The liability Capitol Police with respect to the following assistance program, not more than $2,000 for the of the certifying officers of the United States events: awards program, postage, telephone service, Capitol Police shall be enforced in the same (1) Upon request of the Chair of the Joint travel advances, relocation of instructor and li- manner and to the same extent as currently pro- Congressional Committee on Inaugural Cere- aison personnel for the Federal Law Enforce- vided with respect to the enforcement of the li- monies established under Senate Concurrent ment Training Center, and $85 per month for ability of disbursing and other accountable offi- Resolution 89, One Hundred Sixth Congress, extra services performed for the Capitol Police cers, and such officers shall have the right to agreed to March 14, 2000, the proceedings and Board by an employee of the Sergeant at Arms apply for and obtain a decision by the Comp- ceremonies conducted for the inauguration of of the Senate or the House of Representatives troller General on any question of law involved the President-elect and Vice President-elect of designated by the Chairman of the Board, in a payment on any vouchers presented to them the United States. $6,772,000, to be disbursed by the Capitol Police (2) Upon request of the Speaker of the House Board or their delegee: Provided, That, notwith- for certification. SEC. 108. CHIEF ADMINISTRATIVE OFFICER.— of Representatives and the President Pro Tem- standing any other provision of law, the cost of (a) There shall be within the Capitol Police an pore of the Senate, the joint session of Congress basic training for the Capitol Police at the Fed- Office of Administration to be headed by a Chief held to receive a message from the President of eral Law Enforcement Training Center for fiscal Administrative Officer: the United States on the State of the Union. year 2001 shall be paid by the Secretary of the Treasury from funds available to the Depart- (1) The Chief Administrative Officer shall be JOINT ECONOMIC COMMITTEE ment of the Treasury. appointed by the Comptroller General after con- For salaries and expenses of the Joint Eco- sultation with the Capitol Police Board, and ADMINISTRATIVE PROVISIONS nomic Committee, $3,315,000, to be disbursed by shall report to and serve at the pleasure of the the Secretary of the Senate. SEC. 106. Amounts appropriated for fiscal year Comptroller General. 2001 for the Capitol Police Board for the Capitol JOINT COMMITTEE ON TAXATION (2) The Comptroller General shall appoint as Police may be transferred between the headings For salaries and expenses of the Joint Com- Chief Administrative Officer an individual with ‘‘SALARIES’’ and ‘‘GENERAL EXPENSES’’ upon the the knowledge and skills necessary to carry out mittee on Taxation, $6,430,000, to be disbursed approval of— by the Chief Administrative Officer of the the responsibilities for budgeting, financial (1) the Committee on Appropriations of the management, information technology, and House. House of Representatives, in the case of For other joint items, as follows: human resource management described in this amounts transferred from the appropriation pro- section. OFFICE OF THE ATTENDING PHYSICIAN vided to the Sergeant at Arms of the House of (3) The Chief Administrative Officer shall re- For medical supplies, equipment, and contin- Representatives under the heading ‘‘SALARIES’’; ceive basic pay at a rate determined by the gent expenses of the emergency rooms, and for (2) the Committee on Appropriations of the Comptroller General, but not to exceed the an- the Attending Physician and his assistants, in- Senate, in the case of amounts transferred from nual rate of basic pay payable for ES–2 of the cluding: (1) an allowance of $1,500 per month to the appropriation provided to the Sergeant at Senior Executive Service Basic Rates Schedule the Attending Physician; (2) an allowance of Arms and Doorkeeper of the Senate under the established for members of the Senior Executive $500 per month each to three medical officers heading ‘‘SALARIES’’; and Service of the General Accounting Office under while on duty in the Office of the Attending (3) the Committees on Appropriations of the section 733 of title 31. Physician; (3) an allowance of $500 per month to Senate and the House of Representatives, in the (4) The Capitol Police shall reimburse from one assistant and $400 per month each not to ex- case of other transfers. available appropriations any costs incurred by ceed 11 assistants on the basis heretofore pro- SEC. 107. (a) APPOINTMENT OF CERTIFYING OF- the General Accounting Office under this sec- vided for such assistants; and (4) $1,159,904 for FICERS OF THE CAPITOL POLICE.—The Chief Ad- tion. reimbursement to the Department of the Navy ministrative Officer of the United States Capitol (b) The Chief Administrative Officer shall for expenses incurred for staff and equipment Police, or when there is not a Chief Administra- have the following areas of responsibility:

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00095 Fmt 0688 Sfmt 6333 E:\BR00\H26JY0.004 H26JY0 July 26, 2000 CONGRESSIONAL RECORD—HOUSE 16519

(1) BUDGETING.—The Chief Administrative Of- such officers and employees as may be necessary ments for the second session of the One Hundred ficer shall— to carry out the functions, powers, and duties of Sixth Congress, showing appropriations made, (A) after consulting with the Chief of Police the Office of Administration but he shall not indefinite appropriations, and contracts author- on the portion of the budget covering uniformed have the authority to hire or discharge uni- ized, together with a chronological history of police force personnel, prepare and submit to formed police force personnel. the regular appropriations bills as required by the Capitol Police Board an annual budget for (2) The Chief Administrative Officer may uti- law, $30,000, to be paid to the persons des- the Capitol Police; and lize resources of another agency on a reimburs- ignated by the chairmen of such committees to (B) execute the budget and monitor through able basis to be paid from available appropria- supervise the work. periodic examinations the execution of the Cap- tions of the Capitol Police. OFFICE OF COMPLIANCE itol Police budget in relation to actual obliga- (d) No later than 180 days after appointment, tions and expenditures. the Chief Administrative Officer shall prepare, SALARIES AND EXPENSES (2) FINANCIAL MANAGEMENT.—The Chief Ad- after consultation with the Capitol Police Board For salaries and expenses of the Office of ministrative Officer shall— and the Chief of the Capitol Police, a plan— Compliance, as authorized by section 305 of the (A) oversee all financial management activi- (1) describing the policies, procedures, and ac- Congressional Accountability Act of 1995 (2 ties relating to the programs and operations of tions the Chief Administrative Officer will take U.S.C. 1385), $1,820,000. the Capitol Police; in carrying out the responsibilities assigned CONGRESSIONAL BUDGET OFFICE (B) develop and maintain an integrated ac- under this section; SALARIES AND EXPENSES counting and financial system for the Capitol (2) identifying and defining responsibilities Police, including financial reporting and inter- and roles of all offices, bureaus, and divisions of For salaries and expenses necessary to carry nal controls, which— the Capitol Police for budgeting, financial man- out the provisions of the Congressional Budget (i) complies with applicable accounting prin- agement, information technology, and human Act of 1974 (Public Law 93–344), including not ciples, standards, and requirements, and inter- resources management; and more than $3,000 to be expended on the certifi- nal control standards; (3) detailing mechanisms for ensuring that the cation of the Director of the Congressional (ii) complies with any other requirements ap- offices, bureaus, and divisions perform their re- Budget Office in connection with official rep- plicable to such systems; sponsibilities and roles in a coordinated and in- resentation and reception expenses, $28,493,000: (iii) provides for— tegrated manner. Provided, That no part of such amount may be (I) complete, reliable, consistent, and timely (e) No later than September 30, 2001, the Chief used for the purchase or hire of a passenger information which is prepared on a uniform Administrative Officer shall prepare, after con- motor vehicle. basis and which is responsive to financial infor- sultation with the Capitol Police Board and the ADMINISTRATIVE PROVISION mation needs of the Capitol Police; Chief of the Capitol Police, a report on the Chief SEC. 110. Beginning on the date of enactment (II) the development and reporting of cost in- Administrative Officer’s progress in imple- of this Act and hereafter, the Congressional formation; menting the plan described in subsection (d) and Budget Office may use available funds to enter (III) the integration of accounting and budg- recommendations to improve the budgeting, fi- into contracts for the procurement of severable eting information; and nancial, information technology, and human re- services for a period that begins in one fiscal (IV) the systematic measurement of perform- sources management of the Capitol Police, in- year and ends in the next fiscal year and may ance; cluding organizational, accounting and admin- enter into multi-year contracts for the acquisi- (C) direct, manage, and provide policy guid- istrative control, and personnel changes. tion of property and services, to the same extent ance and oversight of Capitol Police financial (f) The Chief Administrative Officer shall sub- as executive agencies under the authority of sec- management personnel, activities, and oper- mit the plan required in subsection (d) and the tion 303L and 304B, respectively, of the Federal ations, including— report required in subsection (e) to the Commit- Property and Administrative Services Act (41 (i) the recruitment, selection, and training of tees on Appropriations of the House of Rep- U.S.C. 253l and 254c). personnel to carry out Capitol Police financial resentatives and of the Senate, the Committee management functions; and on House Administration of the House of Rep- ARCHITECT OF THE CAPITOL (ii) the implementation of Capitol Police asset resentatives, and the Committee on Rules and CAPITOL BUILDINGS AND GROUNDS management systems, including systems for cash Administration of the Senate. CAPITOL BUILDINGS management, debt collection, and property and (g) As of October 1, 2002, unless otherwise de- inventory management and control; and termined by the Comptroller General, the Chief SALARIES AND EXPENSES (D) the Chief Administrative Officer shall pre- Administrative Officer established by section (a) For salaries for the Architect of the Capitol, pare annual financial statements for the Capitol will cease to be an employee of the General Ac- the Assistant Architect of the Capitol, and other Police and provide for an annual audit of the fi- counting Office and will become an employee of personal services, at rates of pay provided by nancial statements by an independent public ac- the Capitol Police, and the Capitol Police Board law; for surveys and studies in connection with countant in accordance with generally accepted shall assume all responsibilities of the Comp- activities under the care of the Architect of the government auditing standards. troller General under this section. Capitol; for all necessary expenses for the main- (3) INFORMATION TECHNOLOGY.—The Chief SEC. 109. (a) Section 1(c) of Public Law 96–152 tenance, care and operation of the Capitol and Administrative Officer shall— (40 U.S.C. 206–1) is amended by striking ‘‘the electrical substations of the Senate and House (A) direct, coordinate, and oversee the acqui- annual rate’’ and all that follows and inserting office buildings under the jurisdiction of the Ar- sition, use, and management of information the following: ‘‘the rate of basic pay payable for chitect of the Capitol, including furnishings and technology by the Capitol Police; level ES–4 of the Senior Executive Service, as es- office equipment, including not more than $1,000 (B) promote and oversee the use of informa- tablished under subchapter VIII of chapter 53 of for official reception and representation ex- tion technology to improve the efficiency and ef- title 5, United States Code (taking into account penses, to be expended as the Architect of the fectiveness of programs of the Capitol Police; any comparability payments made under section Capitol may approve; for purchase or exchange, and 5304(h) of such title).’’. maintenance and operation of a passenger (C) establish and enforce information tech- (b) The amendment made by subsection (a) motor vehicle; and not to exceed $20,000 for at- nology principles, guidelines, and objectives, in- shall apply with respect to pay periods begin- tendance, when specifically authorized by the cluding developing and maintaining an infor- ning on or after the date of the enactment of Architect of the Capitol, at meetings or conven- mation technology architecture for the Capitol this Act. tions in connection with subjects related to work Police. CAPITOL GUIDE SERVICE AND SPECIAL SERVICES under the Architect of the Capitol, $43,689,000, (4) HUMAN RESOURCES.—The Chief Adminis- OFFICE of which $3,843,000 shall remain available until trative Officer shall— expended: Provided, That notwithstanding any For salaries and expenses of the Capitol Guide (A) direct, coordinate, and oversee human re- other provision of law, such amount shall be Service and Special Services Office, $2,371,000, to source management activities of the Capitol Po- available for the position of Project Manager for be disbursed by the Secretary of the Senate: Pro- lice, except that with respect to uniformed police the Capitol Visitor Center, at a rate of com- vided, That no part of such amount may be used force personnel, the Chief Administrative Officer pensation which does not exceed the rate of to employ more than 43 individuals: Provided shall perform these activities in cooperation basic pay payable for level ES–2 of the Senior further, That the Capitol Guide Board is au- with the Chief of the Capitol Police; Executive Service, as established under sub- thorized, during emergencies, to employ not (B) develop and monitor payroll and time and chapter VIII of chapter 53 of title 5, United more than two additional individuals for not attendance systems and employee services; and States Code (taking into account any com- more than 120 days each, and not more than 10 (C) develop and monitor processes for recruit- parability payments made under section 5304(h) additional individuals for not more than 6 ing, selecting, appraising, and promoting em- of such title): Provided further, That effective months each, for the Capitol Guide Service. ployees. on the date of the enactment of this Act, any (c) Administrative provisions with respect to STATEMENTS OF APPROPRIATIONS amount made available under this heading the Office of Administration: For the preparation, under the direction of under the Legislative Branch Appropriations (1) The Chief Administrative Officer is author- the Committees on Appropriations of the Senate Act, 2000, shall be available for such position at ized to select, appoint, employ, and discharge and the House of Representatives, of the state- such rate of compensation.

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00096 Fmt 0688 Sfmt 6333 E:\BR00\H26JY0.004 H26JY0 16520 CONGRESSIONAL RECORD—HOUSE July 26, 2000

CAPITOL GROUNDS for individual Representatives, Resident Com- (4) Printing, binding, and distribution of Gov- For all necessary expenses for care and im- missioners or Delegates authorized under 44 ernment publications authorized by law to be provement of grounds surrounding the Capitol, U.S.C. 906: Provided further, That this appro- distributed without charge to the recipient. the Senate and House office buildings, and the priation shall be available for the payment of This title may be cited as the ‘‘Congressional Capitol Power Plant, $5,362,000, of which obligations incurred under the appropriations Operations Appropriations Act, 2001’’. $125,000 shall remain available until expended. for similar purposes for preceding fiscal years: TITLE II—OTHER AGENCIES Provided further, That notwithstanding the 2- SENATE OFFICE BUILDINGS BOTANIC GARDEN year limitation under section 718 of title 44, SALARIES AND EXPENSES For all necessary expenses for the mainte- United States Code, none of the funds appro- nance, care and operation of Senate office priated or made available under this Act or any For all necessary expenses for the mainte- buildings; and furniture and furnishings to be other Act for printing and binding and related nance, care and operation of the Botanic Gar- expended under the control and supervision of services provided to Congress under chapter 7 of den and the nurseries, buildings, grounds, and the Architect of the Capitol, $63,974,000, of title 44, United States Code, may be expended to collections; and purchase and exchange, main- which $21,669,000 shall remain available until print a document, report, or publication after tenance, repair, and operation of a passenger expended. the 27-month period beginning on the date that motor vehicle; all under the direction of the HOUSE OFFICE BUILDINGS such document, report, or publication is author- Joint Committee on the Library, $3,328,000, of which $25,000 shall remain available until ex- For all necessary expenses for the mainte- ized by Congress to be printed, unless Congress pended. nance, care and operation of the House office reauthorizes such printing in accordance with buildings, $32,750,000, of which $123,000 shall re- section 718 of title 44, United States Code: Pro- LIBRARY OF CONGRESS main available until expended. vided further, That any unobligated or unex- SALARIES AND EXPENSES pended balances in this account or accounts for CAPITOL POWER PLANT For necessary expenses of the Library of Con- similar purposes for preceding fiscal years may gress not otherwise provided for, including de- For all necessary expenses for the mainte- be transferred to the Government Printing Of- nance, care and operation of the Capitol Power velopment and maintenance of the Union Cata- fice revolving fund for carrying out the purposes logs; custody and custodial care of the Library Plant; lighting, heating, power (including the of this heading, subject to the approval of the purchase of electrical energy) and water and buildings; special clothing; cleaning, laundering Committees on Appropriations of the House of and repair of uniforms; preservation of motion sewer services for the Capitol, Senate and House Representatives and Senate. office buildings, Library of Congress buildings, pictures in the custody of the Library; operation ADMINISTRATIVE PROVISION and the grounds about the same, Botanic Gar- and maintenance of the American Folklife Cen- den, Senate garage, and air conditioning refrig- SEC. 111. (a) CONGRESSIONAL PRINTING AND ter in the Library; preparation and distribution eration not supplied from plants in any of such BINDING FOR THE HOUSE THROUGH CLERK OF of catalog records and other publications of the buildings; heating the Government Printing Of- HOUSE.— Library; hire or purchase of one passenger (1) IN GENERAL.—Notwithstanding any provi- fice and Washington City Post Office, and heat- motor vehicle; and expenses of the Library of sion of title 44, United States Code, or any other ing and chilled water for air conditioning for Congress Trust Fund Board not properly law, there are authorized to be appropriated to the Supreme Court Building, the Union Station chargeable to the income of any trust fund held the Clerk of the House of Representatives such complex, the Thurgood Marshall Federal Judici- by the Board, $282,838,000, of which not more sums as may be necessary for congressional ary Building and the Folger Shakespeare Li- than $6,500,000 shall be derived from collections printing and binding services for the House of brary, expenses for which shall be advanced or credited to this appropriation during fiscal year Representatives. reimbursed upon request of the Architect of the 2001, and shall remain available until expended, (2) PREPARATION OF ESTIMATES.—Estimated under the Act of June 28, 1902 (chapter 1301; 32 Capitol and amounts so received shall be depos- expenditures and proposed appropriations for ited into the Treasury to the credit of this ap- Stat. 480; 2 U.S.C. 150) and not more than congressional printing and binding services $350,000 shall be derived from collections during propriation, $39,415,000, of which $523,000 shall shall be prepared and submitted by the Clerk of remain available until expended: Provided, That fiscal year 2001 and shall remain available until the House of Representatives in accordance with expended for the development and maintenance not more than $4,400,000 of the funds credited or title 31, United States Code, in the same manner to be reimbursed to this appropriation as herein of an international legal information database as estimates and requests are prepared for other and activities related thereto: Provided, That provided shall be available for obligation during legislative branch services under such title, ex- fiscal year 2001. the Library of Congress may not obligate or ex- cept that such requests shall be based upon the pend any funds derived from collections under LIBRARY OF CONGRESS results of the study conducted under subsection the Act of June 28, 1902, in excess of the amount CONGRESSIONAL RESEARCH SERVICE (b) (with respect to any fiscal year covered by authorized for obligation or expenditure in ap- SALARIES AND EXPENSES such study). propriations Acts: Provided further, That the (3) EFFECTIVE DATE.—This subsection shall For necessary expenses to carry out the provi- total amount available for obligation shall be re- apply with respect to fiscal year 2003 and each duced by the amount by which collections are sions of section 203 of the Legislative Reorga- succeeding fiscal year. nization Act of 1946 (2 U.S.C. 166) and to revise less than the $6,850,000: Provided further, That (b) STUDY.— of the total amount appropriated, $10,459,575 is and extend the Annotated Constitution of the (1) IN GENERAL.—During fiscal year 2001, the to remain available until expended for acquisi- United States of America, $73,592,000: Provided, Clerk of the House of Representatives shall con- tion of books, periodicals, newspapers, and all That no part of such amount may be used to duct a comprehensive study of the needs of the other materials including subscriptions for bib- pay any salary or expense in connection with House for congressional printing and binding liographic services for the Library, including any publication, or preparation of material services during fiscal year 2003 and succeeding $40,000 to be available solely for the purchase, therefor (except the Digest of Public General fiscal years (including transitional issues during when specifically approved by the Librarian, of Bills), to be issued by the Library of Congress fiscal year 2002), and shall include in the study special and unique materials for additions to the unless such publication has obtained prior ap- an analysis of the most cost-effective program or collections: Provided further, That of the total proval of either the Committee on House Admin- programs for providing printed or other media- amount appropriated, $2,506,000 is to remain istration of the House of Representatives or the based publications for House uses. available until expended for the acquisition and Committee on Rules and Administration of the (2) SUBMISSION TO COMMITTEES.—The Clerk Senate. shall submit the study conducted under para- partial support for implementation of an Inte- grated Library System (ILS): Provided further, GOVERNMENT PRINTING OFFICE graph (1) to the Committee on House Adminis- That of the total amount appropriated, CONGRESSIONAL PRINTING AND BINDING tration of the House of Representatives, who shall review the study and prepare such regula- $10,000,000 is to remain available until expended (INCLUDING TRANSFER OF FUNDS) tions or other materials (including proposals for for salaries and expenses to carry out the Rus- For authorized printing and binding for the legislation) as it considers appropriate to enable sian Leadership Program enacted on May 21, Congress and the distribution of Congressional the Clerk to carry out congressional printing 1999 (113 STAT. 93 et seq.): Provided further, information in any format; printing and binding and binding services for the House in accord- That of the total amount appropriated, for the Architect of the Capitol; expenses nec- ance with this section. $5,957,800 is to remain available until expended essary for preparing the semimonthly and ses- (c) DEFINITION.—In this section, the term for the purpose of teaching educators how to in- sion index to the Congressional Record, as au- ‘‘congressional printing and binding services’’ corporate the Library’s digital collections into thorized by law (44 U.S.C. 902); printing and means the following services: school curricula, which amount shall be trans- binding of Government publications authorized (1) Authorized printing and binding for the ferred to the educational consortium formed to by law to be distributed to Members of Congress; Congress and the distribution of congressional conduct the ‘‘Joining Hands Across America: and printing, binding, and distribution of Gov- information in any format. Local Community Initiative’’ project as ap- ernment publications authorized by law to be (2) Preparing the semimonthly and session proved by the Library: Provided further, That distributed without charge to the recipient, index to the Congressional Record. of the total amount appropriated, $404,000 is to $71,462,000: Provided, That this appropriation (3) Printing and binding of Government publi- remain available until expended for a collabo- shall not be available for paper copies of the cations authorized by law to be distributed to rative digitization and telecommunications permanent edition of the Congressional Record Members of Congress. project with the United States Military Academy

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00097 Fmt 0688 Sfmt 6333 E:\BR00\H26JY0.004 H26JY0 July 26, 2000 CONGRESSIONAL RECORD—HOUSE 16521 and any remaining balance is available for work for other agencies under the authority of (A) is employed by the Library of Congress other Library purposes: Provided further, That sections 1535 and 1536 of title 31, United States Child Development Center (known as the ‘‘Little of the total amount appropriated, $4,300,000 is to Code, shall not be used to employ more than 65 Scholars Child Development Center’’, in this remain available until expended for the purpose employees and may be expended or obligated— section referred to as the ‘‘Center’’) established of developing a high speed data transmission be- (1) in the case of a reimbursement, only to under section 205(g)(1) of the Legislative Branch tween the Library of Congress and educational such extent or in such amounts as are provided Appropriations Act, 1991; and facilities, libraries, or networks serving western in appropriations Acts; or (B) makes an election to be covered by this North Carolina, and any remaining balance is (2) in the case of an advance payment, only— subsection with the Librarian of Congress, not available for support of the Library’s Digital (A) to pay for such general or administrative later than the later of— Futures initiative. overhead costs as are attributable to the work (i) December 1, 2000; or performed for such agency; or COPYRIGHT OFFICE (ii) 60 days after the date the individual be- (B) to such extent or in such amounts as are gins such employment. SALARIES AND EXPENSES provided in appropriations Acts, with respect to (2)(A) Any individual described under para- For necessary expenses of the Copyright Of- any purpose not allowable under subparagraph graph (1) may be credited, under section 8411 of fice, $38,523,000, of which not more than (A). title 5, United States Code, for service as an em- $23,500,000, to remain available until expended, SEC. 204. Of the amounts appropriated to the ployee of the Center before the date of enact- shall be derived from collections credited to this Library of Congress in this Act, not more than ment of this Act, if such employee makes a pay- appropriation during fiscal year 2001 under 17 $5,000 may be expended, on the certification of ment of the deposit under section 8411(f)(2) of U.S.C. 708(d): Provided, That the Copyright Of- the Librarian of Congress, in connection with such title without application of section fice may not obligate or expend any funds de- official representation and reception expenses 8411(b)(3) of such title. rived from collections under 17 U.S.C. 708(d), in for the incentive awards program. (B) An individual described under paragraph EC. 205. Of the amount appropriated to the excess of the amount authorized for obligation S (1) shall be credited under section 8411 of title 5, Library of Congress in this Act, not more than or expenditure in appropriations Acts: Provided United States Code, for any service as an em- $12,000 may be expended, on the certification of further, That not more than $5,783,000 shall be ployee of the Center on or after the date of en- the Librarian of Congress, in connection with derived from collections during fiscal year 2001 actment of this Act, if such employee has such official representation and reception expenses under 17 U.S.C. 111(d)(2), 119(b)(2), 802(h), and amounts deducted and withheld from his pay as for the Overseas Field Offices. 1005: Provided further, That the total amount determined by the Office of Personnel Manage- SEC. 206. (a) For fiscal year 2001, the available for obligation shall be reduced by the ment which would be deducted and withheld obligational authority of the Library of Con- amount by which collections are less than from the basic pay of an employee under section gress for the activities described in subsection $29,283,000: Provided further, That not more 8422 of title 5, United States Code. (b) may not exceed $92,845,000. than $100,000 of the amount appropriated is (3) Notwithstanding any other provision of available for the maintenance of an ‘‘Inter- (b) The activities referred to in subsection (a) are reimbursable and revolving fund activities this subsection, any service performed by an in- national Copyright Institute’’ in the Copyright dividual described under paragraph (1) as an Office of the Library of Congress for the purpose that are funded from sources other than appro- priations to the Library in appropriations Acts employee of the Center is deemed to be civilian of training nationals of developing countries in service creditable under section 8411 of title 5, intellectual property laws and policies: Provided for the legislative branch. SEC. 207. Section 1 of the Act entitled ‘‘An Act United States Code, for purposes of qualifying further, That not more than $4,250 may be ex- for survivor annuities and disability benefits pended, on the certification of the Librarian of to authorize acquisition of certain real property for the Library of Congress, and for other pur- under subchapters IV and V of chapter 84 of Congress, in connection with official representa- such title, if such individual makes payment of tion and reception expenses for activities of the poses’’, approved December 15, 1997 (2 U.S.C. 141 note) is amended by adding at the end the fol- an amount, determined by the Office of Per- International Copyright Institute and for copy- sonnel Management, which would have been de- right delegations, visitors, and seminars. lowing new subsection: ‘‘(c) TRANSFER PAYMENT BY ARCHITECT.—Not- ducted and withheld from the basic pay of such BOOKS FOR THE BLIND AND PHYSICALLY withstanding the limitation on reimbursement or individual if such individual had been an em- HANDICAPPED transfer of funds under subsection (a) of this ployee subject to section 8422 of title 5, United SALARIES AND EXPENSES section, the Architect of the Capitol may, not States Code, for such period so credited, to- For salaries and expenses to carry out the Act later than 90 days after acquisition of the prop- gether with interest thereon. of March 3, 1931 (chapter 400; 46 Stat. 1487; 2 erty under this section, transfer funds to the en- (4) An individual described under paragraph U.S.C. 135a), $48,609,000, of which $14,154,000 tity from which the property was acquired by (1) shall be deemed an employee for purposes of shall remain available until expended. the Architect of the Capitol. Such transfers may chapter 84 of title 5, United States Code, includ- ing subchapter III of such title, and may make FURNITURE AND FURNISHINGS not exceed a total of $16,500,000.’’. SEC. 208. The Librarian of Congress may con- contributions under section 8432 of such title ef- For necessary expenses for the purchase, in- fective for the first applicable pay period begin- stallation, maintenance, and repair of furniture, vert to permanent positions 84 indefinite, time- limited positions in the National Digital Library ning on or after the date such individual elects furnishings, office and library equipment, coverage under this section. $4,892,000. Program authorized in the Legislative Branch Appropriations Act, 1996 for the Library of Con- (5) The Office of Personnel Management shall ADMINISTRATIVE PROVISIONS gress under the heading, ‘‘Salaries and Ex- accept the certification of the Librarian of Con- SEC. 201. Appropriations in this Act available penses’’ (Public Law 104–53). Notwithstanding gress concerning creditable service for purposes to the Library of Congress shall be available, in any other provision of law regarding qualifica- of this subsection. an amount of not more than $199,630, of which tions and methods of appointment of employees (b) Any individual who is employed by the $59,300 is for the Congressional Research Serv- of the Library of Congress, the Librarian may Center on or after the date of enactment of this ice, when specifically authorized by the Librar- fill these permanent positions through the non- Act shall be deemed an employee under section ian of Congress, for attendance at meetings con- competitive conversion of the incumbents in the 8901(1) of title 5, United States Code, for pur- cerned with the function or activity for which ‘‘indefinite-not-to-exceed’’ positions to ‘‘perma- poses of health insurance coverage under chap- the appropriation is made. nent’’ positions. ter 89 of such title. An individual who is an em- SEC. 202. (a) No part of the funds appro- SEC. 209. (a) In addition to any other transfer ployee of the Center on the date of enactment of priated in this Act shall be used by the Library authority provided by law, during fiscal year this Act may elect coverage under this sub- of Congress to administer any flexible or com- 2001 and fiscal years thereafter, the Librarian of section before December 1, 2000, and during such pressed work schedule which— Congress may transfer to and among available periods as determined by the Office of Personnel (1) applies to any manager or supervisor in a accounts of the Library of Congress amounts Management for employees of the Center em- position the grade or level of which is equal to appropriated to the Librarian from funds for the ployed after such date. or higher than GS–15; and purchase, installation, maintenance, and repair (c) An individual who is employed by the Cen- (2) grants such manager or supervisor the of furniture, furnishings, and office and library ter shall be deemed an employee under section right to not be at work for all or a portion of a equipment. 8701(a) of title 5, United States Code, for pur- workday because of time worked by the manager (b) Any amounts transferred pursuant to sub- poses of life insurance coverage under chapter or supervisor on another workday. section (a) shall be merged with and be avail- 87 of such title. (b) For purposes of this section, the term able for the same purpose and for the same pe- (d) Government contributions for individuals ‘‘manager or supervisor’’ means any manage- riod as the appropriation or account to which receiving benefits under this section, as com- ment official or supervisor, as such terms are de- such amounts are transferred. puted under sections 8423, 8432, 8708, and 8906 fined in section 7103(a)(10) and (11) of title 5, (c) The Librarian may transfer amounts pur- shall be made by the Librarian of Congress from United States Code. suant to subsection (a) only with the approval any appropriations available to the Library of SEC. 203. Appropriated funds received by the of the Committees on Appropriations of the Congress. Library of Congress from other Federal agencies House of Representatives and Senate. (e) The Library of Congress, directly or by to cover general and administrative overhead SEC. 210. (a)(1) This subsection shall apply to agreement with its designated representative, costs generated by performing reimbursable any individual who— shall—

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00098 Fmt 0688 Sfmt 6333 E:\BR00\H26JY0.004 H26JY0 16522 CONGRESSIONAL RECORD—HOUSE July 26, 2000 (1) process payroll for Center employees, in- vided, That not more than $2,500 may be ex- utable to membership of ACIPA in the Inter- cluding making deductions and withholdings pended on the certification of the Public Printer national Institute of Administrative Sciences. from the pay of employees in the amounts deter- in connection with official representation and TITLE III—GENERAL PROVISIONS mined under sections 8422, 8432, 8707, and 8905 reception expenses: Provided further, That the SEC. 301. No part of the funds appropriated in of title 5, United States Code; revolving fund shall be available for the hire or this Act shall be used for the maintenance or (2) maintain appropriate personnel and pay- purchase of not more than 12 passenger motor care of private vehicles, except for emergency roll records for Center employees, and transmit vehicles: Provided further, That expenditures in assistance and cleaning as may be provided appropriate information and records to the Of- connection with travel expenses of the advisory under regulations relating to parking facilities fice of Personnel Management; and councils to the Public Printer shall be deemed for the House of Representatives issued by the (3) transmit funds for Government and em- necessary to carry out the provisions of title 44, Committee on House Administration and for the ployee contributions under this section to the United States Code: Provided further, That the Senate issued by the Committee on Rules and Office of Personnel Management. revolving fund shall be available for temporary Administration. (f) The Center shall— or intermittent services under section 3109(b) of SEC. 302. No part of the funds appropriated in (1) pay to the Library of Congress funds suffi- title 5, United States Code, but at rates for indi- this Act shall remain available for obligation be- cient to cover the gross salary and the employ- viduals not more than the daily equivalent of yond fiscal year 2001 unless expressly so pro- er’s share of taxes under section 3111 of the In- the annual rate of basic pay for level V of the vided in this Act. ternal Revenue Code of 1986 for Center employ- Executive Schedule under section 5316 of such SEC. 303. Whenever in this Act any office or ees, in amounts computed by the Library of title: Provided further, That the revolving fund position not specifically established by the Leg- Congress; and the funds provided under the headings islative Pay Act of 1929 is appropriated for or (2) as required by the Library of Congress, re- ‘‘OFFICE OF SUPERINTENDENT OF DOCUMENTS’’ the rate of compensation or designation of any imburse the Library of Congress for reasonable and ‘‘SALARIES AND EXPENSES’’ together may not office or position appropriated for is different administrative costs incurred under subsection be available for the full-time equivalent employ- from that specifically established by such Act, (e)(1); ment of more than 3,285 workyears (or such the rate of compensation and the designation in (3) comply with regulations and procedures other number of workyears as the Public Printer this Act shall be the permanent law with respect prescribed by the Librarian of Congress for ad- may request, subject to the approval of the Com- thereto: Provided, That the provisions in this ministration of this section; mittees on Appropriations of the Senate and the Act for the various items of official expenses of (4) maintain appropriate records on all Center House of Representatives): Provided further, Members, officers, and committees of the Senate employees, as required by the Librarian of Con- That activities financed through the revolving and House of Representatives, and clerk hire for gress; and fund may provide information in any format: Senators and Members of the House of Rep- (5) consult with the Librarian of Congress on Provided further, That the revolving fund shall resentatives shall be the permanent law with re- the administration and implementation of this not be used to administer any flexible or com- spect thereto. section. pressed work schedule which applies to any SEC. 304. The expenditure of any appropria- (g) The Librarian of Congress may prescribe manager or supervisor in a position the grade or tion under this Act for any consulting service regulations to carry out this section. level of which is equal to or higher than GS–15: through procurement contract, pursuant to sec- ARCHITECT OF THE CAPITOL Provided further, That expenses for attendance tion 3109 of title 5, United States Code, shall be limited to those contracts where such expendi- LIBRARY BUILDINGS AND GROUNDS at meetings shall not exceed $75,000. tures are a matter of public record and available STRUCTURAL AND MECHANICAL CARE GENERAL ACCOUNTING OFFICE for public inspection, except where otherwise For all necessary expenses for the mechanical SALARIES AND EXPENSES provided under existing law, or under existing and structural maintenance, care and operation For necessary expenses of the General Ac- Executive order issued pursuant to existing law. of the Library buildings and grounds, SEC. 305. (a) It is the sense of the Congress counting Office, including not more than $10,000 $15,970,000, of which $5,000,000 shall remain that, to the greatest extent practicable, all to be expended on the certification of the Comp- available until expended. equipment and products purchased with funds troller General of the United States in connec- made available in this Act should be American- GOVERNMENT PRINTING OFFICE tion with official representation and reception made. OFFICE OF SUPERINTENDENT OF DOCUMENTS expenses; temporary or intermittent services (b) In providing financial assistance to, or en- SALARIES AND EXPENSES under section 3109(b) of title 5, United States tering into any contract with, any entity using Code, but at rates for individuals not more than (INCLUDING TRANSFER OF FUNDS) funds made available in this Act, the head of the daily equivalent of the annual rate of basic For expenses of the Office of Superintendent each Federal agency, to the greatest extent pay for level IV of the Executive Schedule under of Documents necessary to provide for the cata- practicable, shall provide to such entity a notice section 5315 of such title; hire of one passenger loging and indexing of Government publications describing the statement made in subsection (a) motor vehicle; advance payments in foreign and their distribution to the public, Members of by the Congress. countries in accordance with section 3324 of title Congress, other Government agencies, and des- (c) If it has been finally determined by a court 31, United States Code; benefits comparable to ignated depository and international exchange or Federal agency that any person intentionally those payable under sections 901(5), 901(6), and libraries as authorized by law, $27,954,000: Pro- affixed a label bearing a ‘‘Made in America’’ in- 901(8) of the Foreign Service Act of 1980 (22 vided, That travel expenses, including travel ex- scription, or any inscription with the same U.S.C. 4081(5), 4081(6), and 4081(8)); and under penses of the Depository Library Council to the meaning, to any product sold in or shipped to regulations prescribed by the Comptroller Gen- Public Printer, shall not exceed $175,000: Pro- the United States that is not made in the United eral of the United States, rental of living quar- vided further, That amounts of not more than States, such person shall be ineligible to receive ters in foreign countries, $384,867,000: Provided, $2,000,000 from current year appropriations are any contract or subcontract made with funds That not more than $1,900,000 of payments re- authorized for producing and disseminating provided pursuant to this Act, pursuant to the ceived under 31 U.S.C. 782 shall be available for Congressional serial sets and other related pub- debarment, suspension, and ineligibility proce- use in fiscal year 2001: Provided further, That lications for 1999 and 2000 to depository and dures described in section 9.400 through 9.409 of not more than $1,100,000 of reimbursements re- other designated libraries: Provided further, title 48, Code of Federal Regulations. ceived under 31 U.S.C. 9105 shall be available That any unobligated or unexpended balances SEC. 306. Such sums as may be necessary are for use in fiscal year 2001: Provided further, in this account or accounts for similar purposes appropriated to the account described in sub- That this appropriation and appropriations for for preceding fiscal years may be transferred to section (a) of section 415 of Public Law 104–1 to administrative expenses of any other department the Government Printing Office revolving fund pay awards and settlements as authorized under or agency which is a member of the National for carrying out the purposes of this heading, such subsection. Intergovernmental Audit Forum or a Regional SEC. 307. Amounts available for administrative subject to the approval of the Committees on Ap- Intergovernmental Audit Forum shall be avail- expenses of any legislative branch entity which propriations of the House of Representatives able to finance an appropriate share of either participates in the Legislative Branch Financial and Senate. Forum’s costs as determined by the respective Managers Council (LBFMC) established by GOVERNMENT PRINTING OFFICE REVOLVING Forum, including necessary travel expenses of charter on March 26, 1996, shall be available to FUND non-Federal participants. Payments hereunder finance an appropriate share of LBFMC costs The Government Printing Office is hereby au- to the Forum may be credited as reimbursements as determined by the LBFMC, except that the thorized to make such expenditures, within the to any appropriation from which costs involved total LBFMC costs to be shared among all par- limits of funds available and in accord with the are initially financed: Provided further, That ticipating legislative branch entities (in such al- law, and to make such contracts and commit- this appropriation and appropriations for ad- locations among the entities as the entities may ments without regard to fiscal year limitations ministrative expenses of any other department determine) may not exceed $252,000. as provided by section 9104 of title 31, United or agency which is a member of the American SEC. 308. No part of any appropriation con- States Code, as may be necessary in carrying Consortium on International Public Administra- tained in this Act under the heading ‘‘Architect out the programs and purposes set forth in the tion (ACIPA) shall be available to finance an of the Capitol’’ or ‘‘Botanic Garden’’ shall be budget for the current fiscal year for the Gov- appropriate share of ACIPA costs as determined obligated or expended for a construction con- ernment Printing Office revolving fund: Pro- by the ACIPA, including any expenses attrib- tract in excess of $100,000, unless such contract

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00099 Fmt 0688 Sfmt 6333 E:\BR00\H26JY0.004 H26JY0 July 26, 2000 CONGRESSIONAL RECORD—HOUSE 16523 includes a provision that requires liquidated (1) by inserting ‘‘(a)’’ before ‘‘Pursuant’’, and (iii) such additional administrative expenses damages for contractor caused delay in an (2) by adding at the end the following: incurred by organizations in carrying out the amount commensurate with the daily net usable ‘‘(b) The Architect of the Capitol is authorized program as the Center may prescribe. square foot cost of leasing similar space in a to solicit, receive, accept, and hold amounts (4) APPLICATION.— first class office building within two miles of the under section 307E(a)(2) of the Legislative (A) IN GENERAL.—Each organization in the United States Capitol multiplied by the square Branch Appropriations Act, 1989 (40 U.S.C. United States desiring a grant under this section footage to be constructed under the contract. 216c(a)(2)) in excess of the $14,500,000 author- shall submit an application to the Center at SEC. 309. Section 316 of Public Law 101–302 is ized under subsection (a), but such amounts such time, in such manner, and accompanied by amended in the first sentence of subsection (a) (and any interest thereon) shall not be expended such information as the Center may reasonably by striking ‘‘2000’’ and inserting ‘‘2001’’. by the Architect without approval in appropria- require. SEC. 310. RUSSIAN LEADERSHIP PROGRAM. Sec- tion Acts as required under section 307E(b)(3) of (B) CONTENTS.—Each application submitted tion 3011 of the 1999 Emergency Supplemental such Act (40 U.S.C. 216c(b)(3)).’’. pursuant to subparagraph (A) shall— Appropriations Act (Public Law 106–31; 113 Stat. SEC. 313. CENTER FOR RUSSIAN LEADERSHIP (i) describe the activities for which assistance 93) is amended— DEVELOPMENT. (a) ESTABLISHMENT.— under this section is sought; (1) by striking ‘‘fiscal years 1999 and 2000’’ in (1) IN GENERAL.—There is established in the (ii) include the number of program partici- subsections (a)(1), (b)(4)(B), (d)(3), and legislative branch of the Government a center to pants to be supported; (h)(1)(A) and inserting ‘‘fiscal years 2000 and be known as the ‘‘Center for Russian Leader- (iii) describe the qualifications of the individ- 2001’’; and ship Development’’ (the ‘‘Center’’). uals who will be participating in the program; (2) by striking ‘‘2001’’ in subsection (a)(2), (2) BOARD OF TRUSTEES.—The Center shall be and (e)(1), and (h)(1)(B) and inserting ‘‘2002’’. subject to the supervision and direction of a (iv) provide such additional assurances as the SEC. 311. (a)(1) Any State may request the Board of Trustees which shall be composed of 9 Center determines to be essential to ensure com- Joint Committee on the Library of Congress to members as follows: pliance with the requirements of this section. approve the replacement of a statue the State (A) 2 members appointed by the Speaker of the (c) ESTABLISHMENT OF FUND.— has provided for display in Statuary Hall in the House of Representatives, 1 of whom shall be (1) IN GENERAL.—There is established in the Capitol of the United States under section 1814 designated by the Majority Leader of the House Treasury of the United States a trust fund to be of the Revised Statutes (40 U.S.C. 187). of Representatives and 1 of whom shall be des- known as the ‘‘Russian Leadership Develop- (2) A request shall be considered under para- ignated by the Minority Leader of the House of ment Center Trust Fund’’ (the ‘‘Fund’’) which graph (1) only if— Representatives. shall consist of amounts which may be appro- (A) the request has been approved by a resolu- (B) 2 members appointed by the President pro priated, credited, or transferred to it under this tion adopted by the legislature of the State and tempore of the Senate, 1 of whom shall be des- section. ignated by the Majority Leader of the Senate the request has been approved by the Governor (2) DONATIONS.—Any money or other property of the State, and and 1 of whom shall be designated by the Mi- donated, bequeathed, or devised to the Center (B) the statue to be replaced has been dis- nority Leader of the Senate. under the authority of this section shall be cred- (C) The Librarian of Congress. played in the Capitol of the United States for at ited to the Fund. (D) 4 private individuals with interests in im- least 10 years as of the time the request is made, (3) FUND MANAGEMENT.— proving United States and Russian relations, except that the Joint Committee may waive this (A) IN GENERAL.—The provisions of sub- designated by the Librarian of Congress. requirement for cause at the request of a State. sections (b), (c), and (d) of section 116 of the Each member appointed under this paragraph (b) If the Joint Committee on the Library of Legislative Branch Appropriations Act, 1989 (2 shall serve for a term of 3 years. Any vacancy Congress approves a request under subsection U.S.C. 1105 (b), (c), and (d)), and the provisions shall be filled in the same manner as the origi- (a), the Architect of the Capitol shall enter into of section 117(b) of such Act (2 U.S.C. 1106(b)), nal appointment and the individual so ap- an agreement with the State to carry out the re- shall apply to the Fund. pointed shall serve for the remainder of the placement in accordance with the request and (B) EXPENDITURES.—The Secretary of the term. Members of the Board shall serve without any conditions the Joint Committee may require Treasury is authorized to pay to the Center from pay, but shall be entitled to reimbursement for for its approval. Such agreement shall provide amounts in the Fund such sums as the Board of travel, subsistence, and other necessary ex- that— Trustees of the Center determines are necessary penses incurred in the performance of their du- (1) the new statue shall be subject to the same and appropriate to enable the Center to carry ties. conditions and restrictions as apply to any stat- out the provisions of this section. (b) PURPOSE AND AUTHORITY OF THE CEN- ue provided by a State under section 1814 of the (d) EXECUTIVE DIRECTOR.—The Board shall TER.— Revised Statutes (40 U.S.C. 187), and (1) PURPOSE.—The purpose of the Center is to appoint an Executive Director who shall be the (2) the State shall pay any costs related to the establish, in accordance with the provisions of chief executive officer of the Center and who replacement, including costs in connection with paragraph (2), a program to enable emerging po- shall carry out the functions of the Center sub- the design, construction, transportation, and litical leaders of Russia at all levels of govern- ject to the supervision and direction of the placement of the new statue, the removal and ment to gain significant, firsthand exposure to Board of Trustees. The Executive Director of the transportation of the statue being replaced, and the American free market economic system and Center shall be compensated at the annual rate any unveiling ceremony. the operation of American democratic institu- specified by the Board, but in no event shall (c) Nothing in this section shall be interpreted tions through visits to governments and commu- such rate exceed level III of the Executive to permit a State to have more than 2 statues on nities at comparable levels in the United States. Schedule under section 5314 of title 5, United display in the Capitol of the United States. (2) GRANT PROGRAM.—Subject to the provi- States Code. (d)(1) Subject to the approval of the Joint sions of paragraphs (3) and (4), the Center shall (e) ADMINISTRATIVE PROVISIONS.— Committee on the Library, ownership of any establish a program under which the Center an- (1) IN GENERAL.—The provisions of section 119 statue replaced under this section shall be nually awards grants to government or commu- of the Legislative Branch Appropriations Act, transferred to the State. nity organizations in the United States that 1989 (2 U.S.C. 1108) shall apply to the Center. (2) If any statue is removed from the Capitol seek to establish programs under which those (2) SUPPORT PROVIDED BY LIBRARY OF CON- of the United States as part of a transfer of organizations will host Russian nationals who GRESS.—The Library of Congress may disburse ownership under paragraph (1), then it may not are emerging political leaders at any level of funds appropriated to the Center, compute and be returned to the Capitol for display unless government. disburse the basic pay for all personnel of the such display is specifically authorized by Fed- (3) RESTRICTIONS.— Center, provide administrative, legal, financial eral law. (A) DURATION.—The period of stay in the management, and other appropriate services to (e) The Architect of the Capitol, upon the ap- United States for any individual supported with the Center, and collect from the Fund the full proval of the Joint Committee on the Library grant funds under the program shall not exceed costs of providing services under this paragraph, and with the advice of the Commission of Fine 30 days. as provided under an agreement for services or- Arts as requested, is authorized and directed to (B) LIMITATION.—The number of individuals dered under sections 1535 and 1536 of title 31, relocate within the United States Capitol any of supported with grant funds under the program United States Code. the statues received from the States under sec- shall not exceed 3,000 in any fiscal year. (f) AUTHORIZATION OF APPROPRIATIONS.— tion 1814 of the Revised Statutes (40 U.S.C. 187) (C) USE OF FUNDS.—Grant funds under the There are authorized to be appropriated such prior to the date of the enactment of this Act, program shall be used to pay— sums as may be necessary to carry out this sec- and to provide for the reception, location, and (i) the costs and expenses incurred by each tion. relocation of the statues received hereafter from program participant in traveling between Russia (g) TRANSFER OF FUNDS.—Any amounts ap- the States under such section. and the United States and in traveling within propriated for use in the program established SEC. 312. (a) Section 201 of the Legislative the United States; under section 3011 of the 1999 Emergency Sup- Branch Appropriations Act, 1993 (40 U.S.C. 216c (ii) the costs of providing lodging in the plemental Appropriations Act (Public Law 106– note) is amended by striking ‘‘$10,000,000’’ each United States to each program participant, 31; 113 Stat. 93) shall be transferred to the Fund place it appears and inserting ‘‘$14,500,000’’. whether in public accommodations or in private and shall remain available without fiscal year (b) Section 201 of such Act is amended— homes; and limitation.

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00100 Fmt 0688 Sfmt 6333 E:\BR00\H26JY0.004 H26JY0 16524 CONGRESSIONAL RECORD—HOUSE July 26, 2000

(h) EFFECTIVE DATES.— DEPARTMENT OF HOUSING AND URBAN (4) Paragraph (2) of section 7871(a) of such (1) IN GENERAL.—This section shall take effect DEVELOPMENT Code is amended by inserting ‘‘or’’ at the end of on the date of enactment of this Act. FEDERAL HOUSING ADMINISTRATION subparagraph (B), by striking subparagraph (C), and by redesignating subparagraph (D) as (2) TRANSFER.—Subsection (g) shall only FHA—GENERAL AND SPECIAL RISK PROGRAM apply to amounts which remain unexpended on ACCOUNT subparagraph (C). (5) The table of subchapters for chapter 33 of and after the date the Board of Trustees of the For an additional amount for FHA—General such Code is amended by striking the item relat- Center certifies to the Librarian of Congress and special risk program account for the cost of ing to subchapter B. that grants are ready to be made under the pro- guaranteed loans, as authorized by sections 238 (c) STUDY REGARDING CONTINUING ECONOMIC gram established under this section. and 519 of the National Housing Act (12 U.S.C. 1715z–3 and 1735c), including the cost of loan BENEFIT OF REPEAL.— SEC. 314. REVIEW OF PROPOSED CHANGES TO (1) STUDY.—The Comptroller General of the modifications (as that term is defined in section EXPORT THRESHOLDS FOR COMPUTERS. Not more United States, after consultation with the 502 of the Congressional Budget Act of 1974, as than 50 days after the date of the submission of Chairman of the Federal Communications Com- the report referred to in subsection (d) of section amended), $40,000,000, to remain available until expended: Provided, That the entire amount mission, shall study and identify— 1211 of the National Defense Authorization Act (A) the extent to which the benefits of the re- shall be available only to the extent an official for Fiscal Year 1998 (50 U.S.C. App. 2404 note), peal of the excise tax on telephone and other budget request, that includes designation of the the Comptroller General of the United States communication services under subsection (a) are entire amount of the request as an emergency shall submit an assessment to Congress which passed through to individual and business con- requirement as defined in the Balanced Budget contains an analysis of the new computer per- sumers, and and Emergency Deficit Control Act of 1985, as formance levels being proposed by the President (B) any actions taken by communication serv- amended, is transmitted by the President to the under such section. ice providers or others that diminish such bene- Congress: Provided further, That the entire fits, including increases in any regulated or un- TITLE IV—EMERGENCY FISCAL YEAR 2000 amount is designated by the Congress as an regulated communication service provider SUPPLEMENTAL APPROPRIATIONS emergency requirement pursuant to section charges or increases in other Federal or State 251(b)(2)(A) of the Balanced Budget and Emer- The following sums are appropriated out of fees or taxes related to such service occurring any money in the Treasury not otherwise appro- gency Deficit Control Act: Provided further, That the funding under this heading shall only since the date of such repeal. priated, to provide additional emergency supple- (2) REPORT.—By not later than September 1, be made available upon the submission of a cer- mental appropriations for the Legislative 2001, the Comptroller General of the United tification by the Secretary of Housing and Branch for the fiscal year ending September 30, States shall submit a report regarding the study Urban Development to the Committees on Ap- 2000, and for other purposes, namely: described in paragraph (1) to the Committee on propriations that all funds committed, ex- Ways and Means of the House of Representa- CAPITOL POLICE BOARD pended, or obligated under this heading in the Departments of Veterans Affairs and Housing tives and the Committee on Finance of the Sen- SECURITY ENHANCEMENTS and Urban Development, Independent Agencies ate. (d) EFFECTIVE DATE.—The amendments made For an additional amount for the Capitol Po- Appropriations Act, 2000 were committed, ex- by this section shall apply to amounts paid pur- lice Board for costs associated with security en- pended or obligated in compliance with the suant to bills first rendered after September 30, hancements, under the terms and conditions of Antideficiency Act (31 U.S.C. 1341). chapter 5 of title II of division B of the Omnibus SEC. 401. Appropriations made by this title are 2000. Consolidated and Emergency Supplemental Ap- available immediately upon enactment of this And the Senate agree to the same. Amendment numbered 2: Act. propriations Act, 1999 (Public Law 105–277), That the House recede from its disagree- This Division may be cited as the ‘‘Legislative $2,102,000, to remain available until expended, ment to the amendment of the Senate num- Branch Appropriations Act, 2001’’. of which— bered 2, and agree to the same with an (1) $228,000 shall be for the acquisition and in- DIVISION B amendment, as follows: stallation of card readers for 4 additional access SEC. 1001. (a) The provisions of H.R. 4985 of Delete the matter stricken, delete the mat- points which are not currently funded under the the 106th Congress, as introduced on July 26, ter inserted, and strike all beginning on page implementation of the security enhancement 2000, are hereby enacted into law. 2, line 1, down through and including page 8, plan; and (b) In publishing this Act in slip form and in line 7, of the House engrossed bill, H.R. 4516. (2) $1,874,000 shall be for security enhance- the United States Statutes at Large pursuant to And the Senate agree to the same. ments to the buildings and grounds of the Li- section 112 of title 1, United States Code, the Ar- Amendment numbered 3: brary of Congress: chivist of the United States shall include after That the House recede from its disagree- the date of approval at the end an appendix set- Provided, That the entire amount is designated ment to the amendment of the Senate num- ting forth the text of the bill referred to in sub- by Congress as an emergency requirement pur- bered 3, and agree to the same with an section (a)of this section. suant to section 251(b)(2)(A) of the Balanced amendment, as follows: SEC. 1002. Effective on the date of the enact- Delete the matter stricken, delete the mat- Budget and Emergency Deficit Control Act of ment of this Act, sections 5105, 5106, and 5109 of ter inserted, strike all beginning on page 23, 1985, as amended: Provided further, That the the Emergency Supplemental Act, 2000 (division line 13, down through and including page 23, entire amount shall be available only to the ex- B of Public Law 106–246) are repealed, and the line 16, of the House engrossed bill, H.R. 4516, tent an official budget request for a specific dol- provisions repealed or amended by such sections and strike lines 7 and 8 on page 45 of the lar amount that includes designation of the en- shall be revived and have effect as if such sec- House engrossed bill, H.R. 4516. tire amount of the request as an emergency re- tions had not been enacted. And the Senate agree to the same. quirement as defined in the Balanced Budget SEC. 1003. REPEAL OF EXCISE TAX ON TELE- Amendment numbered 4: and Emergency Deficit Control Act of 1985, as PHONE AND OTHER COMMUNICA- That the House recede from its disagree- amended, is transmitted by the President to the TIONS SERVICES. ment to the amendment of the Senate num- Congress. (a) IN GENERAL.—Chapter 33 of the Internal bered 4, and agree to the same with an ARCHITECT OF THE CAPITOL Revenue Code of 1986 (relating to facilities and amendment, as follows: services) is amended by striking subchapter B. Delete the matter proposed. CAPITOL BUILDINGS AND GROUNDS (b) CONFORMING AMENDMENTS.— And the Senate agree to the same. HOUSE OFFICE BUILDINGS (1) Section 4293 of such Code is amended by striking ‘‘chapter 32 (other than the taxes im- CHARLES H. TAYLOR, For an additional amount for necessary ex- posed by sections 4064 and 4121) and subchapter ZACH WAMP, penses for urgent repairs to the underground B of chapter 33,’’ and inserting ‘‘and chapter 32 JERRY LEWIS, garage in the Cannon House Office Building, (other than the taxes imposed by sections 4064 KAY GRANGER, $9,000,000, to remain available until expended: and 4121),’’. JOHN E. PETERSON, Provided, That the entire amount is designated (2)(A) Paragraph (1) of section 6302(e) of such C.W. BILL YOUNG, by the Congress as an emergency requirement Code is amended by striking ‘‘section 4251 or’’. Managers on the part of the House. pursuant to section 251(b)(2)(A) of the Balanced (B) Paragraph (2) of section 6302(e) of such ROBERT F. BENNETT, Budget and Emergency Deficit Control Act of Code is amended by striking ‘‘imposed by—’’ TED STEVENS, 1985, as amended: Provided further, That the and all that follows through ‘‘with respect to’’ LARRY CRAIG, entire amount shall be available only to the ex- and inserting ‘‘imposed by section 4261 or 4271 tent an official budget request for a specific dol- THAD COCHRAN, with respect to’’. Managers on the part of the Senate. lar amount that includes designation of the en- (C) The subsection heading for section 6302(e) tire amount of the request as an emergency re- of such Code is amended by striking ‘‘COMMU- JOINT EXPLANATORY STATEMENT OF quirement as defined in the Balanced Budget NICATIONS SERVICES AND’’. THE COMMITTEE ON CONFERENCE and Emergency Deficit Control Act of 1985, as (3) Section 6415 of such Code is amended by The managers on the part of the House and amended, is transmitted by the President to the striking ‘‘4251, 4261, or 4271’’ each place it ap- the Senate at the conference on the dis- Congress. pears and inserting ‘‘4261 or 4271’’. agreeing votes of the two Houses on the

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00101 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.004 H26JY0 July 26, 2000 CONGRESSIONAL RECORD—HOUSE 16525 amendments of the Senate to the bill funds for a special education need. Inasmuch security measures shall not be less than the (H.R. 4516) making appropriations for the as this item relates solely to the House, and FY 2000 funded level. Legislative Branch for the fiscal year ending in accord with long practice under which ADMINISTRATIVE PROVISIONS September 30, 2001, and for other purposes, each body determines its own housekeeping The conferees have included two adminis- submit the following joint statement to the requirements and the other concurs without trative provisions proposed by the House re- House and Senate in explanation of the ef- intervention, the managers on the part of lating to certifying officers and a chief ad- fect of the action agreed upon by the man- the Senate, at the request of the managers ministrative officer. The conferees have also agers and recommended in the accom- on the part of the House, have receded to the added a provision adjusting the salary of the panying conference report. House. chief of the Capitol police. The Senate amended the House bill with JOINT ITEMS four numbered amendments. The conference CAPITOL GUIDE SERVICE AND SPECIAL SERVICES JOINT COMMITTEE ON INAUGURAL CEREMONIES agreement addresses all the differences con- OFFICE OF 2001 tained in the four amendments in the dis- Appropriates $2,371,000 for the Capitol position of the first numbered amendment. SALARIES AND EXPENSES Guide Service and Special Services Office as The first numbered amendment therefore in- Appropriates $1,000,000 for the Joint Com- proposed by the Senate instead of $2,201,000 cludes a complete version of the Legislative mittee on Inaugural Ceremonies of 2001 as as proposed by the House. Branch bill plus all other legislation in- proposed by the Senate, amending two dates. STATEMENTS OF APPROPRIATIONS cluded in this conference report. An expla- ADMINISTRATIVE PROVISION Appropriates $30,000 for statements of ap- nation of the resolution of the differences of The conferees have amended the adminis- propriations as proposed by the Senate in- the other three numbered amendments is in- trative provision proposed by the House re- stead of $29,000 as proposed by the House and cluded in the first numbered amendment. garding assistance for the Capitol Police makes technical changes. The disposition of the other three numbered during the Inauguration in January 2001 and amendments therefore is purely technical in OFFICE OF COMPLIANCE the 2001 joint session of Congress to receive nature to enable the complete bill text to be Appropriates $1,820,000 for the Office of the State of the Union message. included in the first amendment. Compliance instead of $1,816,000 as proposed In addition to the Legislative Branch Ap- JOINT ECONOMIC COMMITTEE by the House and $2,066,000 as proposed by propriations Act, 2001, the conference agree- Appropriates $3,315,000 for the Joint Eco- the Senate. The conferees note that Office of ment also enacts the Treasury and General nomic Committee as proposed by the Senate Compliance telephones frequently are not Government Appropriations Act, 2001, by ref- instead of $3,072,000 as proposed by the answered during normal business hours. As erence, and provisions dealing with the re- House. an agency providing service to employees peal of certain telephone taxes. These addi- JOINT COMMITTEE ON TAXATION and agencies of the Legislative branch, the tional pieces of legislation are included with- Executive Director should ensure that calls Appropriates $6,430,000 for the Joint Com- in amendment number 1 as Division B. The to the Office of Compliance are answered mittee on Taxation instead of $6,174,000 as Legislative Branch Appropriations Act, 2001, during normal business hours. In addition, proposed by the House and $6,686,000 as pro- is designated as Division A within amend- the conferees believe the Executive Director posed by the Senate. The conferees believe ment number 1. An explanation of the mat- should examine the use of contract couriers that this level of funding is sufficient for the ter in Division B is included in this state- to make deliveries to Congressional offices Joint Committee on Taxation to complete ment under amendment number 1 after the and should reduce costs for such deliveries its report on the overall state of the Federal explanation of the matter in Division A. by use of other means when appropriate. tax system. Amendment No. 1: Deletes the matter in- CONGRESSIONAL BUDGET OFFICE serted and inserts complete bill text. CAPITOL POLICE BOARD SALARIES AND EXPENSES DIVISION A CAPITOL POLICE Establishes the limitation on funds for rep- SALARIES LEGISLATIVE BRANCH APPROPRIATIONS resentation and reception expenses at $3,000 Many items in both House and Senate Leg- Appropriates $97,142,000 for salaries of offi- as proposed by the House instead of $2,500 as islative Branch Appropriations bills are cers, members, and employees of the Capitol proposed by the Senate and appropriates identical and are included in the conference Police instead of $92,769,000 as proposed by $28,493,000 for salaries and expenses of the agreement without change. The conferees the House and $102,700,000 as proposed by the Congressional Budget Office instead of have endorsed statements or policy con- Senate, of which $47,053,000 is provided to the $27,403,000 as proposed by the House and tained in the House and Senate reports ac- Sergeant at Arms of the House of Represent- $27,113,000 as proposed by the Senate. companying the appropriations bills, unless atives and $50,089,000 is provided to the Ser- The conferees have included an adminis- amended or restated herein. The conferees geant at Arms and Doorkeeper of the Senate. trative provision, as proposed by the Senate, have agreed to drop without prejudice the di- Of the amount provided, $4,660,000 is for over- authorizing the Congressional Budget Office rection in the House report under the head- time. to enter into multiple year contracts to the ing, Information Security, subsumed under The conferees have agreed this will fund same extent as executive agencies. 1,481 FTE’s, the level proposed by the Sen- ‘‘LEGISLATIVE BRANCH WIDE MAT- ARCHITECT OF THE CAPITOL TERS’’. With respect to those items in the ate. The Chief of Police is directed to secure CAPITOL BUILDINGS AND GROUNDS conference agreement that differ between the approval of the House and Senate Appro- House and Senate bills, the conferees have priations Committees before filling positions CAPITOL BUILDINGS agreed to the following with the appropriate above the level of 1,402 FTE’s. The conferees SALARIES AND EXPENSES intend that sufficient resources be allocated section numbers, punctuation, and other Appropriates $43,689,000 for salaries and ex- to implement the ‘‘two officers per door’’ technical corrections: penses, Capitol buildings, Architect of the policy. The Police are directed to study the TITLE I—CONGRESSIONAL OPERATIONS Capitol, instead of $44,234,000 as proposed by posting requirements of all posts and report the House and $44,191,000 as proposed by the SENATE to the House and Senate Appropriations Senate. Of this amount, $3,843,000 shall re- Appropriates $506,797,300 for Senate oper- Committees. Until such a study is presented, main available until expended instead of ations, and includes, at the request of the the police are authorized an FTE level of $4,280,000 as proposed by the House and managers on the part of the Senate, an 1402. $4,255,000 as proposed by the Senate. With re- amendment adding $250,000, an amendment GENERAL EXPENSES spect to object class and project differences containing the traditional death gratuity Appropriates $6,772,000 for general expenses between the House and Senate bills, the con- upon the death of a Senator, and an amend- of the Capitol Police instead of $6,549,000 as ferees have agreed to the following: ment to Section 8. Inasmuch as this item re- proposed by the House and $6,884,000 as pro- Operating Budget: $39,346,000. lates solely to the Senate, and in accord with posed by the Senate. The funds provide Capitol Projects: long practice under which each body deter- $103,000 for motorcycle replacement, and the 1. Update electrical system drawings on mines its own housekeeping requirements conferees direct that the Capitol Police con- CAD $70,000. and the other concurs without intervention, tinue the program begun in FY 2000 to utilize 2. CAD Mechanical database $70,000. the managers on the part of the House, at American-made motorcycles, targeting the 3. Conservation of wall paintings $200,000. the request of the managers on the part of funds made available in this agreement to- 4. Study, confined spaces, Capitol Com- the Senate, have receded to the Senate. wards smaller motorcycles. In addition, the plex $0. HOUSE OF REPRESENTATIVES conferees have not included reimbursement 5. Replacement on Minton tile $100,000. At the request of the managers on the part for telecommunications costs ($235,000) and 6. Provide infrastructure for security in- of the House, an enrollment error in the direct that these savings be applied to other stallations $400,000. House bill has been corrected and an admin- programs. Items for installation and mainte- 7. Computer, telecommunications and istrative provision has been added to provide nance of physical security and information electrical support $300,000.

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00102 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.004 H26JY0 16526 CONGRESSIONAL RECORD—HOUSE July 26, 2000 8. Security project support for AOC $0. 1. CAD database development—site utili- volving fund as proposed by the House and 9. Roof fall protection $555,000. ties $110,000. language proposed by the Senate to provide 10. Life safety support services $0. 2. Wayfinding and ADA compliant signage for printing and binding for the Architect of 11. Safety and environmental program and $100,000. the Capitol and for preparing the semi- SOP development $0. SENATE OFFICE BUILDINGS monthly and session indexes for the Congres- 12. Wayfinding and ADA compliant signage sional Record. Appropriates $63,974,000 to the Architect of $50,000. Rather than limiting funding for the Con- the Capitol as proposed by the Senate, of 13. Computer aided facility management gressional Record Index and indexers to close which $21,669,000 shall remain available until $263,000. out activities, as directed in the House re- expended, for the operations of the Senate The conference agreement includes a pro- port, the conferees agree that this activity office buildings. Inasmuch as this item re- vision authorizing the Architect of the Cap- should continue and that improvements in lates solely to the Senate, and in accord with itol to hire a project manager for the con- work processes should be pursued by taking long practice under which each body deter- struction of the Capitol Visitors Center and advantage of the latest available technology. mines its own housekeeping requirements establishing a ceiling on the level of pay for These activities and initiatives should be and the other concurs without intervention, this position. The conferees direct the Archi- more closely integrated and coordinated the managers on the part of the House, at tect to fill this position from among persons with related GPO functions and should be the request of the managers on the part of recruited from outside the agency. The lan- pursued under the direction of the Public the Senate, have receded to the Senate. guage authorizing the position and funding Printer or appropriate officials designated for same will require inclusion in annual ap- HOUSE OFFICE BUILDINGS by the Public Printer. propriations bills and will be withdrawn Appropriates $32,750,000 to the Architect of ADMINISTRATIVE PROVISION upon completion of the project. the Capitol as proposed by the House, of The conference agreement amends an ad- The conferees have agreed to modify the which $123,000 shall remain available until ministrative provision proposed by the Senate report language directing the Archi- expended, for the operations of the House of- House regarding a study of Congressional tect to create and fill a position for em- fice buildings. Inasmuch as this item relates printing needs and authorization of appro- ployee advocate. The conferees direct that solely to the House, and in accord with long priations beginning in fiscal year 2003 to the Architect fill the position of Employee practice under which each body determines limit its application to the Clerk of the Advocate on a one-year, temporary basis, its own housekeeping requirements and the House and the printing needs of the House of using existing resources, at a level appro- other concurs without intervention, the Representatives. priate to the task. In the submission of the managers on the part of the Senate, at the FY 2002 budget request, the Architect is di- request of the managers on the part of the TITLE II—OTHER AGENCIES rected to report on measures taken to fulfill House, have receded to the House. BOTANIC GARDEN directives in the Senate report in lieu of the CAPITOL POWER PLANT SALARIES AND EXPENSES quarterly reports outlined in the Senate re- In addition to the $4,400,000 available from Appropriates $3,328,000 for salaries and ex- port regarding this position. The House and receipts, appropriates $39,415,000 to the Ar- penses, Botanic Garden instead of $3,216,000 Senate Committees on Appropriations will chitect of the Capitol for Capitol power plant as proposed by the House and $3,653,000 as review the results of this temporary measure operations instead of $39,151,000 as proposed proposed by the Senate of which $25,000 shall before considering a permanent solution. The conferees are aware that the Architect by the House and $39,569,000 as proposed by remain available until expended instead of of the Capitol employs a significant number the Senate. Of this amount, $523,000 shall re- $150,000 as proposed by the Senate. With re- of temporary workers (excluding intermit- main available until expended as proposed by spect to object class and project differences tent workers) who do not receive the usual the Senate instead of $200,000 as proposed by between the House and Senate bills, the con- benefits available to permanent federal the House. With respect to object class and ferees have agreed to the following: workers. The Architect is directed to provide project differences between the House and Operating Budget $3,303,000. a report within 90 days to the Senate Com- Senate bills, the conferees have agreed to the Capitol Projects: mittees on Appropriations and Rules and Ad- following: 1. Replace equipment at growing facilities ministration, and to the House Committees Operating Budget: 0. on Appropriations, Transportation and Infra- 1. Personnel compensation $4,467,000. 2. Wayfinding signage $25,000. structure, and House Administration, both 2. Other expenses 34,110,000. LIBRARY OF CONGRESS Capital Projects: majority and minority, detailing its use of SALARIES AND EXPENSES temporary workers, the terms and condi- 1. Study, heat balance/efficiency improve- ments 0. Provides $282,838,000 for salaries and ex- tions thereof, and the reasons therefor; the penses, Library of Congress instead of total number of such workers employed dur- 2. Update CAD drawings 65,000. 3. Roof fall protection 323,000. $269,864,000 as proposed by the House and ing each of the last five fiscal years; and a $267,330,000 as proposed by the Senate. Of this LIBRARY OF CONGRESS list and explanation of the benefits, if any, amount, $6,850,000 is made available from re- such workers receive by reason of their AOC CONGRESSIONAL RESEARCH SERVICE ceipts collected by the Library of Congress, employment. The report shall make rec- SALARIES AND EXPENSES and $10,459,575 is to remain available until ommendations for how to provide such work- Appropriates $73,592,000 for salaries and ex- expended for acquisition of library materials ers access to federal benefits and a list of penses, Congressional Research Service, Li- as proposed by the House instead of any alternatives that may exist to the use of brary of Congress instead of $73,810,000 as $10,398,600 as proposed by the Senate. With temporary workers. proposed by the House and $73,374,000 as pro- respect to differences between the House and The conferees are concerned about a class- Senate bills, the conferees have agreed to the action suit against the Architect (Harris et posed by the Senate. In keeping with both the complete research and maximum prac- following: al. v. Architect of the Capitol). The Architect 1. Mandatories $8,459,000. is urged to make every effort to settle this ticable administrative independence of the Congressional Research Service, it is the 2. Price level ¥$1,920,000. lawsuit as expeditiously as possible, and to 3. Russian Leadership Program $10,000,000. report to the House and Senate Committees conferees intent that the Director of the Congressional Research Service shall be obli- 4. Hands Across America $5,957,800. on Appropriations within 45 days on the sta- 5. Arrearage reduction $500,000. tus of the case. gated to bring to the attention of the appro- priate House and Senate Committees issues 6. Mass deacidification $1,216,000. CAPITOL GROUNDS which directly impact the Congressional Re- 7. National Film Preservation Board Appropriates $5,362,000 to the Architect of search Service and its ability to serve the $250,000. the Capitol for care and improvement of needs of Congress. The budgetary needs of 8. Digitization pilot with West Point grounds surrounding the Capitol, House and CRS that may not be adequately addressed $404,000. Senate office buildings, and the Capitol in the annual budget submission should be 9. Digitization non-personal costs power plant instead of $5,217,000 as proposed raised with the Appropriations Committees. $7,590,000. by the House and $5,512,000 as proposed by 10. Ft. Meade Storage: One-time costs GOVERNMENT PRINTING OFFICE the Senate. Of this amount, $125,000 shall re- -$406,000. main available until expended instead of CONGRESSIONAL PRINTING AND BINDING 11. Ft. Meade Storage: Open module one $25,000 as proposed by the House and $225,000 Appropriates $71,462,000 for Congressional $618,000. as proposed by the Senate. With respect to printing and binding instead of $69,626,000 as 12. Automation: National Digital Library object class and project differences between proposed by the House and $73,297,000 as pro- servers and storage $300,000. the House and Senate bills, the conferees posed by the Senate. The conference agree- 13. Security Office $2,342,000. have agreed to the following: ment includes a heading and provision for 14. High-speed transmission line $4,300,000. Operating Budget: $5,127,000. transfer of balances for preceding fiscal The conference agreement includes funds Capitol Projects: years to the Government Printing Office re- for four programs, to remain available until

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00103 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.004 H26JY0 July 26, 2000 CONGRESSIONAL RECORD—HOUSE 16527 expended. One provision, for $5,957,800, is for furnishings account and not to it. The con- identifies administrative and infrastructure teaching educators how to incorporate the ference agreement does not include the sepa- support that is provided to the Super- Library’s digital collection into school cur- ration incentives proposed by the House. The intendent by the Government Printing Of- ricula. A second provision provides $404,000 conferees have authorized use of appro- fice, with a view to the implications for such for a digitization pilot project with the Mili- priated funds to pay the employer share of a transfer; Examines and identifies the costs, tary Academy at West Point. A third provi- benefit costs for employees of the Library of for both the Government Printing Office and sion provides $10,000,000 to continue the Rus- Congress child care center. the Library of Congress, of such a transfer; sian Leadership Program for FY2001. A ARCHITECT OF THE CAPITOL Identifies measures that are necessary to en- fourth provision provides $4,300,000 to the Li- sure the success of such a transfer. LIBRARY BUILDINGS AND GROUNDS brary of Congress to develop high speed data The study shall be submitted to the Com- transmission between the Library of Con- STRUCTURAL AND MECHANICAL CARE mittee on House Administration and the gress and educational facilities, libraries, or Appropriates $15,970,000 for structural and Senate Committee on Rules and Administra- networks serving the National Digital Li- mechanical care, Library buildings and tion by March 30, 2001. brary pilot program. The Library is directed grounds, Architect of the Capitol instead of ADMINISTRATIVE PROVISION to investigate the most cost effective meth- $15,837,000 as proposed by the House and The conferees have not included a provi- od of providing this capability and take the $16,347,000 as proposed by the Senate. With sion proposed by the Senate amending 44 necessary steps to develop the capability respect to object class and project dif- U.S.C. 1708. within the resources available. Any remain- ferences between the House and Senate bills, GENERAL ACCOUNTING OFFICE ing balance not required for the development the conferees have agreed to the following: SALARIES AND EXPENSES of the high speed data transmission is avail- Operating Budget: Appropriates $384,867,000 for salaries and able for support of the Library’s digital fu- 1. Personnel compensation and benefits expenses, General Accounting Office as pro- tures initiative. $7,959,000. posed by the Senate instead of $368,896,000 as The conferees agree with language in the 2. Annual expenses $1,966,000. proposed by the House. Within the appro- House report directing the Library to em- Capitol Projects: priating paragraph, the conferees have set ploy students at the Ft. Meade remote stor- 3. Preservations environmental monitoring the limitation on representation expenses at age facility and with language in the Senate $0. $10,000 as proposed by the House, instead of report directing the Library to devote all 4. Replace HVAC variable speed drive $7,000 as proposed by the Senate and made available resources to elimination of cata- motor $90,000. technical corrections to two other matters. loging arrearage. 5. Room and partition modifications The General Accounting Office shall under- The conferees are aware that a task force $165,000. take a study of the effects on air pollution has been established at the Library of Con- 6. Replace partition supports $200,000. caused by all polluting sources, including gress to explore the feasibility and desir- 7. Lightning protection, Madison building automobiles and the electric power genera- ability of instituting a telecommuting pro- $190,000. tion emissions of the Tennessee Valley Au- gram for the Library. The conferees encour- GOVERNMENT PRINTING OFFICE thority on the Great Smoky Mountains Na- age the Librarian to consider a telecom- tional Park, the Blue Ridge Parkway and the muting program for the Library (including OFFICE OF SUPERINTENDENT OF DOCUMENTS Pisgah, Nantahala, and Cherokee National the Congressional Research Service), and to SALARIES AND EXPENSES Forests. This study will also include the include a description of the program with his Appropriates $27,954,000 for salaries and ex- amount of carbon emissions avoided by the next budget submission. penses, Office of the Superintendent of Docu- use of non-emitting electricity sources such COPYRIGHT OFFICE ments instead of $25,652,000 as proposed by as nuclear power within the same region. The GAO shall report to the Committees on SALARIES AND EXPENSES the House and $30,255,000 as proposed by the Senate. The conferees have retained the Appropriations no later than January 31, Provides $38,523,000, including $29,283,000 heading ‘‘Transfer of Funds’’ as proposed by 2001. made available from receipts, for salaries the House and ‘‘distribution’’ to replace the ADMINISTRATIVE PROVISIONS and expenses, Copyright Office instead of wording, ‘‘on-line access’’, within the appro- The conferees have not included several $38,771,000, including $31,783,000 from re- priating paragraph as proposed by the Sen- administrative provisions proposed by the ceipts, as proposed by the House and ate. The conferees have included the Senate Senate. $38,332,000, including $26,783,000 from re- language for the appropriating provision on ceipts, as proposed by the Senate. With re- TITLE III—GENERAL PROVISIONS the availability of $2,000,000 from the appro- spect to differences between the House and In Title III, General Provisions, section priation and the appropriation provision au- Senate bills, the conferees have agreed to the numbers have been changed to conform to thorizing transfer of funds as proposed by following: the conference agreement and technical cor- the House. Salaries $31,318,000. rections have been made. The conferees have The conferees recognize that the funding Expenses 7,205,000. included a liquidated damages provision pro- level provided may require adjustments in posed by the House. The conferees have in- BOOKS FOR THE BLIND AND PHYSICALLY historically applicable program services and cluded provisions proposed by the Senate HANDICAPPED agree that no employee layoffs will be re- changing a date and extending the Russian SALARIES AND EXPENSES quired. Emphasis should be on streamlining Leadership Program. The conferees have not Appropriates $48,609,000 for salaries and ex- the distribution of traditional paper copies included a proposed merger of various law penses, books for the blind and physically of publications which may include providing enforcement activities and have amended handicapped instead of $48,507,000 as proposed online access and less expensive electronic language in the Senate bill regarding the by the House and $48,711,000 as proposed by formats. The conferees agree to the transfer placement of statues in Statuary Hall. The the Senate. Of this amount, $14,154,000 shall of unexpended funds proposed by the House, conferees have adjusted the limitation on remain available until expended as proposed which provides additional flexibility in the National Garden and have agreed to es- by the Senate instead of $14,135,000 as pro- meeting program requirements. tablish a Center for Russian Leadership De- posed by the House. The conferees have agreed to modify the velopment as proposed by the Senate. A FURNITURE AND FURNISHINGS language in the House report directing the Sense of the Senate provision and a limita- Congressional Research Service to conduct a tion on the use of pesticides have not been Appropriates $4,892,000 for furniture and study and direct that the General Account- included. There is a provision regarding an furnishings at the Library of Congress as ing Office shall conduct a comprehensive assessment by the General Accounting Office proposed by the Senate instead of $5,394,000 study on the impact of providing documents of a report referred to in the National De- as proposed by the House. to the public solely in electronic format. The fense Authorization Act for Fiscal Year 1998. ADMINISTRATIVE PROVISIONS study shall include: (1) a current inventory TITLE IV—FISCAL YEAR 2000 Various technical corrections and section of publications and documents which are EMERGENCY SUPPLEMENTAL number changes have been made. In Section provided to the public, (2) the frequency with The conferees have included several Fiscal 201, the conferees have agreed to an overall which each type of publication or document Year 2000 supplemental appropriation items limitation of $199,630 on funds available for is requested for deposit at non-regional de- that require urgent attention and are consid- attendance at meetings as proposed by the pository libraries, and (3) an assessment of ered emergency situations. House and a limitation of $59,300 on CRS at- the feasibility of transfer of the depository LEGISLATIVE BRANCH tendance at meetings as proposed by the library program to the Library of Congress JOINT ITEMS House. The conference agreement includes that: Identifies how such a transfer might be Section 202 as proposed by the House. The accomplished; Identifies when such a trans- CAPITOL POLICE BOARD conferees have modified the scope of ac- fer might optimally occur; Examines the SECURITY ENHANCEMENTS counts available for transfer authority to in- functions, services, and programs of the Su- The conference agreement provides an ad- clude transfers only from the furniture and perintendent of Documents; Examines and ditional $2,102,000 for Fiscal Year 2000 to the

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00104 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.004 H26JY0 16528 CONGRESSIONAL RECORD—HOUSE July 26, 2000

Capitol Police Board for security enhance- Be it enacted by the Senate and House of Rep- TREASURY BUILDING AND ANNEX REPAIR AND ments. Of this amount, $228,000 are for acqui- resentatives of the United States of America in RESTORATION sition and installation of card readers for Congress assembled, That the following sums For the repair, alteration, and improvement of four additional Capitol buildings access are appropriated out of any money in the Treas- the Treasury Building and Annex, $31,000,000, points not currently funded in the security ury not otherwise appropriated, for the Treas- to remain available until expended. enhancements plan. In addition, $1,874,000 is ury Department, the United States Postal Serv- EXPANDED ACCESS TO FINANCIAL SERVICES provided for work at the Library of Congress ice, the Executive Office of the President, and to complete the closed circuit television certain Independent Agencies, for the fiscal (INCLUDING TRANSFER OF FUNDS) ($1,390,000) and access control ($484,000) im- year ending September 30, 2001, and for other To develop and implement programs to expand provement tasks. These funds are designated purposes, namely: access to financial services for low- and mod- as an emergency requirement. erate-income individuals, $2,000,000, to remain TITLE I—DEPARTMENT OF THE TREASURY available until expended: Provided, That of ARCHITECT OF THE CAPITOL DEPARTMENTAL OFFICES these funds, such sums as may be necessary may CAPITOL BUILDINGS AND GROUNDS SALARIES AND EXPENSES be transferred to accounts of the Department’s HOUSE OFFICE BUILDINGS For necessary expenses of the Departmental offices, bureaus, and other organizations: Pro- The conference agreement appropriates Offices including operation and maintenance of vided further, That this transfer authority shall $9,000,000 for Fiscal Year 2000 to the Archi- the Treasury Building and Annex; hire of pas- be in addition to any other transfer authority tect of the Capitol for urgent repairs to the senger motor vehicles; maintenance, repairs, provided in this Act. underground garage in the Cannon House Of- and improvements of, and purchase of commer- FINANCIAL CRIMES ENFORCEMENT NETWORK fice Building. These funds are designated as cial insurance policies for, real properties leased SALARIES AND EXPENSES an emergency requirement. or owned overseas, when necessary for the per- For necessary expenses of the Financial DEPARTMENT OF HOUSING AND URBAN formance of official business; not to exceed Crimes Enforcement Network, including hire of DEVELOPMENT $2,900,000 for official travel expenses; not to ex- passenger motor vehicles; travel expenses of FEDERAL HOUSING ADMINISTRATION ceed $3,813,000, to remain available until ex- non-Federal law enforcement personnel to at- pended for information technology moderniza- tend meetings concerned with financial intel- FHA—GENERAL AND SPECIAL RISK PROGRAM tion requirements; not to exceed $150,000 for offi- ligence activities, law enforcement, and finan- ACCOUNT cial reception and representation expenses; not cial regulation; not to exceed $14,000 for official At the request of the House and Senate to exceed $258,000 for unforeseen emergencies of reception and representation expenses; and for subcommittees on VA, HUD and Independent a confidential nature, to be allocated and ex- assistance to Federal law enforcement agencies, Agencies Appropriations, the conferees have pended under the direction of the Secretary of with or without reimbursement, $37,576,000, of agreed to include a provision for the Depart- the Treasury and to be accounted for solely on which not to exceed $2,800,000 shall remain ment of Housing and Urban Development his certificate, $156,315,000: Provided, That the available until September 30, 2003; and of which (HUD) that provides, on an emergency basis, Office of Foreign Assets Control shall be funded $2,275,000 shall remain available until September $40,000,000 in credit subsidy for the FHA Gen- at no less than $11,439,000: Provided further, 30, 2002: Provided, That funds appropriated in eral and Special Risk Program Account. That of these amounts $2,900,000 is available for this account may be used to procure personal Without these additional funds, the Title I grants to State and local law enforcement services contracts. home improvement program, the condo- groups to help fight money laundering. COUNTERTERRORISM FUND minium loan program, the FHA reverse DEPARTMENT-WIDE SYSTEMS AND CAPITAL mortgage program for senior citizens, and For necessary expenses, as determined by the INVESTMENTS PROGRAMS various multifamily housing insurance pro- Secretary, $55,000,000, to remain available until grams would have to be suspended. The addi- (INCLUDING TRANSFER OF FUNDS) expended, to reimburse any Department of the tional appropriation would have been unnec- For development and acquisition of automatic Treasury organization for the costs of providing essary if HUD had adhered to assumptions data processing equipment, software, and serv- support to counter, investigate, or prosecute ter- made by the Office of Management and ices for the Department of the Treasury, rorism, including payment of rewards in connec- Budget (OMB) in determining credit subsidy $47,287,000, to remain available until expended: tion with these activities: Provided, That the en- rates when the President’s budget was sub- Provided, That these funds shall be transferred tire amount is designated by the Congress as an mitted to Congress, a violation of budget to accounts and in amounts as necessary to sat- emergency requirement pursuant to section conventions. In the future, HUD should re- isfy the requirements of the Department’s of- 251(b)(2)(A) of the Balanced Budget and Emer- frain from similar actions. fices, bureaus, and other organizations: Pro- gency Deficit Control Act of 1985, as amended: Provided further, That the entire amount shall CONFERENCE TOTAL—WITH vided further, That this transfer authority shall be available only to the extent that an official COMPARISONS be in addition to any other transfer authority provided in this Act: Provided further, That budget request for a specific dollar amount that The total new budget (obligational) au- none of the funds appropriated shall be used to includes designation of the entire amount of the thority for the fiscal year 2001 recommended support or supplement the Internal Revenue request as an emergency requirement as defined by the Committee of Conference, with com- Service appropriations for Information Systems. in such Act is transmitted by the President to parisons to the fiscal year 2000 amount, the the Congress. 2001 budget estimates, and the House and OFFICE OF INSPECTOR GENERAL FEDERAL LAW ENFORCEMENT TRAINING CENTER Senate bills for 2001 follow: SALARIES AND EXPENSES SALARIES AND EXPENSES [In thousands of dollars] For necessary expenses of the Office of In- For necessary expenses of the Federal Law New budget (obligational) author- spector General in carrying out the provisions of the Inspector General Act of 1978, as amended, Enforcement Training Center, as a bureau of ity, fiscal year 2000 ...... $2,475,080 the Department of the Treasury, including ma- Budget estimates of new not to exceed $2,000,000 for official travel ex- penses, including hire of passenger motor vehi- terials and support costs of Federal law enforce- (obligational) authority, fiscal ment basic training; purchase (not to exceed 52 year 2001 ...... 2,725,604 cles; and not to exceed $100,000 for unforeseen emergencies of a confidential nature, to be allo- for police-type use, without regard to the gen- House bill, fiscal year 2001 ...... 1,913,691 eral purchase price limitation) and hire of pas- Senate bill, fiscal year 2001 ...... 2,523,378 cated and expended under the direction of the Inspector General of the Treasury, $32,899,000. senger motor vehicles; for expenses for student Conference agreement, fiscal year athletic and related activities; uniforms without 2001 ...... 2,526,863 TREASURY INSPECTOR GENERAL FOR TAX regard to the general purchase price limitation Conference agreement compared ADMINISTRATION for the current fiscal year; the conducting of with: SALARIES AND EXPENSES and participating in firearms matches and pres- New budget (obligational) au- For necessary expenses of the Treasury In- entation of awards; for public awareness and thority, fiscal year 2000 ...... +51,783 spector General for Tax Administration in car- enhancing community support of law enforce- Budget estimates of new rying out the Inspector General Act of 1978, as ment training; not to exceed $11,500 for official (obligational) authority, fis- amended, including purchase (not to exceed 150 reception and representation expenses; room cal year 2001 ...... ¥198,741 for replacement only for police-type use) and and board for student interns; and services as House bill, fiscal year 2001 ...... +613,172 hire of passenger motor vehicles (31 U.S.C. authorized by 5 U.S.C. 3109, $94,483,000, of Senate bill, fiscal year 2001 ...... +3,485 1343(b)); services authorized by 5 U.S.C. 3109, at which up to $17,043,000 for materials and sup- Title IV—FY 2000 Emergency such rates as may be determined by the Inspec- port costs of Federal law enforcement basic Supplemental ...... 51,102 tor General for Tax Administration; not to ex- training shall remain available until September DIVISION B ceed $6,000,000 for official travel expenses; and 30, 2003: Provided, That the Center is authorized Division B of the conference agreement not to exceed $500,000 for unforeseen emer- to accept and use gifts of property, both real would enact the provisions of H.R. 4985, as gencies of a confidential nature, to be allocated and personal, and to accept services, for author- introduced on July 26, 2000. The text of that and expended under the direction of the Inspec- ized purposes, including funding of a gift of in- bill follows: tor General for Tax Administration, $118,427,000. trinsic value which shall be awarded annually

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00105 Fmt 0688 Sfmt 6333 E:\BR00\H26JY0.004 H26JY0 July 26, 2000 CONGRESSIONAL RECORD—HOUSE 16529 by the Director of the Center to the outstanding services of expert witnesses at such rates as may from that Account; of the total, not to exceed student who graduated from a basic training be determined by the Director; for payment of $150,000 shall be available for payment for rent- program at the Center during the previous fiscal per diem and/or subsistence allowances to em- al space in connection with preclearance oper- year, which shall be funded only by gifts re- ployees where a major investigative assignment ations; not to exceed $4,000,000 shall be avail- ceived through the Center’s gift authority: Pro- requires an employee to work 16 hours or more able until expended for research; of which not vided further, That notwithstanding any other per day or to remain overnight at his or her post less than $100,000 shall be available to promote provision of law, students attending training at of duty; not to exceed $20,000 for official recep- public awareness of the child pornography any Federal Law Enforcement Training Center tion and representation expenses; for training of tipline; of which not less than $200,000 shall be site shall reside in on-Center or Center-provided State and local law enforcement agencies with available for Project Alert; not to exceed housing, insofar as available and in accordance or without reimbursement, including training in $5,000,000 shall be available until expended for with Center policy: Provided further, That connection with the training and acquisition of conducting special operations pursuant to 19 funds appropriated in this account shall be canines for explosives and fire accelerants detec- U.S.C. 2081; not to exceed $8,000,000 shall be available, at the discretion of the Director, for tion; not to exceed $50,000 for cooperative re- available until expended for the procurement of the following: training United States Postal search and development programs for Labora- automation infrastructure items, including Service law enforcement personnel and Postal tory Services and Fire Research Center activi- hardware, software, and installation; and not to police officers; State and local government law ties; and provision of laboratory assistance to exceed $5,000,000 shall be available until ex- enforcement training on a space-available basis; State and local agencies, with or without reim- pended for repairs to Customs facilities: Pro- training of foreign law enforcement officials on bursement, $768,695,000, of which not to exceed vided, That uniforms may be purchased without a space-available basis with reimbursement of $1,000,000 shall be available for the payment of regard to the general purchase price limitation actual costs to this appropriation, except that attorneys’ fees as provided by 18 U.S.C. for the current fiscal year: Provided further, reimbursement may be waived by the Secretary 924(d)(2); of which up to $2,000,000 shall be That notwithstanding any other provision of for law enforcement training activities in for- available for the equipping of any vessel, vehi- law, the fiscal year aggregate overtime limita- eign countries undertaken pursuant to section cle, equipment, or aircraft available for official tion prescribed in subsection 5(c)(1) of the Act of 801 of the Antiterrorism and Effective Death use by a State or local law enforcement agency February 13, 1911 (19 U.S.C. 261 and 267) shall Penalty Act of 1996, Public Law 104–32; training if the conveyance will be used in joint law en- be $30,000. of private sector security officials on a space- forcement operations with the Bureau of Alco- HARBOR MAINTENANCE FEE COLLECTION available basis with reimbursement of actual hol, Tobacco and Firearms and for the payment (INCLUDING TRANSFER OF FUNDS) costs to this appropriation; and travel expenses of overtime salaries including Social Security For administrative expenses related to the col- of non-Federal personnel to attend course devel- and Medicare, travel, fuel, training, equipment, lection of the Harbor Maintenance Fee, pursu- opment meetings and training sponsored by the supplies, and other similar costs of State and ant to Public Law 103–182, $3,000,000, to be de- Center: Provided further, That the Center is au- local law enforcement personnel, including rived from the Harbor Maintenance Trust Fund thorized to obligate funds in anticipation of re- sworn officers and support personnel, that are and to be transferred to and merged with the imbursements from agencies receiving training incurred in joint operations with the Bureau of Customs ‘‘Salaries and Expenses’’ account for sponsored by the Federal Law Enforcement Alcohol, Tobacco and Firearms: Provided, That such purposes. Training Center, except that total obligations at no funds made available by this or any other OPERATION, MAINTENANCE AND PROCUREMENT, the end of the fiscal year shall not exceed total Act may be used to transfer the functions, mis- AIR AND MARINE INTERDICTION PROGRAMS budgetary resources available at the end of the sions, or activities of the Bureau of Alcohol, To- For expenses, not otherwise provided for, nec- fiscal year: Provided further, That the Federal bacco and Firearms to other agencies or Depart- essary for the operation and maintenance of Law Enforcement Training Center is authorized ments in fiscal year 2001: Provided further, That marine vessels, aircraft, and other related equip- to provide training for the Gang Resistance no funds appropriated herein shall be available ment of the Air and Marine Programs, including Education and Training program to Federal and for salaries or administrative expenses in con- operational training and mission-related travel, non-Federal personnel at any facility in part- nection with consolidating or centralizing, with- and rental payments for facilities occupied by nership with the Bureau of Alcohol, Tobacco in the Department of the Treasury, the records, the air or marine interdiction and demand re- and Firearms: Provided further, That the Fed- or any portion thereof, of acquisition and dis- duction programs, the operations of which in- eral Law Enforcement Training Center is au- position of firearms maintained by Federal fire- clude the following: the interdiction of narcotics thorized to provide short-term medical services arms licensees: Provided further, That no funds and other goods; the provision of support to for students undergoing training at the Center. appropriated herein shall be used to pay admin- Customs and other Federal, State, and local istrative expenses or the compensation of any ACQUISITION, CONSTRUCTION, IMPROVEMENTS, agencies in the enforcement or administration of officer or employee of the United States to im- AND RELATED EXPENSES laws enforced by the Customs Service; and, at plement an amendment or amendments to 27 For expansion of the Federal Law Enforce- the discretion of the Commissioner of Customs, CFR 178.118 or to change the definition of ‘‘Cu- ment Training Center, for acquisition of nec- the provision of assistance to Federal, State, rios or relics’’ in 27 CFR 178.11 or remove any essary additional real property and facilities, and local agencies in other law enforcement and item from ATF Publication 5300.11 as it existed and for ongoing maintenance, facility improve- emergency humanitarian efforts, $133,228,000, on January 1, 1994: Provided further, That none ments, and related expenses, $29,205,000, to re- which shall remain available until expended: of the funds appropriated herein shall be avail- main available until expended. Provided, That no aircraft or other related able to investigate or act upon applications for equipment, with the exception of aircraft which INTERAGENCY LAW ENFORCEMENT relief from Federal firearms disabilities under 18 is one of a kind and has been identified as ex- INTERAGENCY CRIME AND DRUG ENFORCEMENT U.S.C. 925(c): Provided further, That such funds cess to Customs requirements and aircraft which For expenses necessary to conduct investiga- shall be available to investigate and act upon has been damaged beyond repair, shall be trans- tions and convict offenders involved in orga- applications filed by corporations for relief from ferred to any other Federal agency, department, nized crime drug trafficking, including coopera- Federal firearms disabilities under 18 U.S.C. or office outside of the Department of the Treas- tive efforts with State and local law enforce- 925(c): Provided further, That no funds under ury, during fiscal year 2001 without the prior ment, as it relates to the Treasury Department this Act may be used to electronically retrieve approval of the Committees on Appropriations. law enforcement violations such as money laun- information gathered pursuant to 18 U.S.C. AUTOMATION MODERNIZATION dering, violent crime, and smuggling, 923(g)(4) by name or any personal identification For expenses not otherwise provided for Cus- $103,476,000, of which $7,827,000 shall remain code. toms automated systems, $258,400,000, to remain available until expended. UNITED STATES CUSTOMS SERVICE available until expended, of which $5,400,000 FINANCIAL MANAGEMENT SERVICE SALARIES AND EXPENSES shall be for the International Trade Data Sys- SALARIES AND EXPENSES For necessary expenses of the United States tem, and not less than $130,000,000 shall be for For necessary expenses of the Financial Man- Customs Service, including purchase and lease the development of the Automated Commercial agement Service, $206,851,000, of which not to of up to 1,050 motor vehicles of which 550 are for Environment: Provided, That none of the funds exceed $10,635,000 shall remain available until replacement only and of which 1,030 are for po- appropriated under this heading may be obli- September 30, 2003, for information systems mod- lice-type use and commercial operations; hire of gated for the Automated Commercial Environ- ernization initiatives; and of which not to ex- motor vehicles; contracting with individuals for ment until the United States Customs Service ceed $2,500 shall be available for official recep- personal services abroad; not to exceed $40,000 prepares and submits to the Committees on Ap- tion and representation expenses. for official reception and representation ex- propriations a final plan for expenditure that: penses; and awards of compensation to inform- (1) meets the capital planning and investment BUREAU OF ALCOHOL, TOBACCO AND FIREARMS ers, as authorized by any Act enforced by the control review requirements established by the SALARIES AND EXPENSES United States Customs Service, $1,863,765,000, of Office of Management and Budget, including For necessary expenses of the Bureau of Alco- which such sums as become available in the OMB Circular A–11, part 3; (2) complies with hol, Tobacco and Firearms, including purchase Customs User Fee Account, except sums subject the United States Customs Service’s Enterprise of not to exceed 812 vehicles for police-type use, to section 13031(f)(3) of the Consolidated Omni- Information Systems Architecture; (3) complies of which 650 shall be for replacement only, and bus Budget Reconciliation Act of 1985, as with the acquisition rules, requirements, guide- hire of passenger motor vehicles; hire of aircraft; amended (19 U.S.C. 58c(f)(3)), shall be derived lines, and systems acquisition management

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00106 Fmt 0688 Sfmt 6333 E:\BR00\H26JY0.004 H26JY0 16530 CONGRESSIONAL RECORD—HOUSE July 26, 2000

practices of the Federal Government; (4) is re- INFORMATION SYSTEMS and shall remain available until expended: Pro- viewed and approved by the Customs Investment For necessary expenses of the Internal Rev- vided, That up to $18,000,000 provided for pro- Review Board, the Department of the Treasury, enue Service for information systems and tele- tective travel shall remain available until Sep- and the Office of Management and Budget; and communications support, including develop- tember 30, 2002. (5) is reviewed by the General Accounting Of- mental information systems and operational in- ACQUISITION, CONSTRUCTION, IMPROVEMENTS, fice: Provided further, That none of the funds formation systems; the hire of passenger motor AND RELATED EXPENSES appropriated under this heading may be obli- vehicles (31 U.S.C. 1343(b)); and services as au- For necessary expenses of construction, re- gated for the Automated Commercial Environ- thorized by 5 U.S.C. 3109, at such rates as may pair, alteration, and improvement of facilities, ment until that final expenditure plan has been be determined by the Commissioner, $8,941,000, to remain available until expended. approved by the Committees on Appropriations. $1,545,090,000 which shall remain available until GENERAL PROVISIONS—DEPARTMENT OF THE BUREAU OF THE PUBLIC DEBT September 30, 2002. TREASURY ADMINISTERING THE PUBLIC DEBT ADMINISTRATIVE PROVISIONS—INTERNAL REVENUE SEC. 110. Any obligation or expenditure by the For necessary expenses connected with any SERVICE Secretary of the Treasury in connection with public-debt issues of the United States, SEC. 101. Not to exceed 5 percent of any ap- law enforcement activities of a Federal agency $187,301,000, of which not to exceed $2,500 shall propriation made available in this Act to the In- or a Department of the Treasury law enforce- be available for official reception and represen- ternal Revenue Service may be transferred to ment organization in accordance with 31 U.S.C. tation expenses, and of which not to exceed any other Internal Revenue Service appropria- 9703(g)(4)(B) from unobligated balances remain- $2,000,000 shall remain available until expended tion upon the advance approval of the Commit- ing in the Fund on September 30, 2001, shall be for systems modernization: Provided, That the tees on Appropriations. made in compliance with reprogramming guide- sum appropriated herein from the General Fund SEC. 102. The Internal Revenue Service shall lines. for fiscal year 2001 shall be reduced by not more maintain a training program to ensure that In- SEC. 111. Appropriations to the Department of than $4,400,000 as definitive security issue fees ternal Revenue Service employees are trained in the Treasury in this Act shall be available for and Treasury Direct Investor Account Mainte- taxpayers’ rights, in dealing courteously with uniforms or allowances therefor, as authorized nance fees are collected, so as to result in a final the taxpayers, and in cross-cultural relations. by law (5 U.S.C. 5901), including maintenance, fiscal year 2001 appropriation from the General SEC. 103. The Internal Revenue Service shall repairs, and cleaning; purchase of insurance for Fund estimated at $182,901,000. In addition, institute and enforce policies and procedures official motor vehicles operated in foreign coun- $23,600, to be derived from the Oil Spill Liability that will safeguard the confidentiality of tax- tries; purchase of motor vehicles without regard Trust Fund to reimburse the Bureau for admin- payer information. to the general purchase price limitations for ve- istrative and personnel expenses for financial SEC. 104. Funds made available by this or any hicles purchased and used overseas for the cur- management of the Fund, as authorized by sec- other Act to the Internal Revenue Service shall rent fiscal year; entering into contracts with the tion 1012 of Public Law 101–380; and in addi- be available for improved facilities and in- Department of State for the furnishing of health tion, to be appropriated from the General Fund, creased manpower to provide sufficient and ef- and medical services to employees and their de- such sums as may be necessary for administra- fective 1–800 help line service for taxpayers. The pendents serving in foreign countries; and serv- tive expenses in association with the South Da- Commissioner shall continue to make the im- ices authorized by 5 U.S.C. 3109. kota Trust Fund and the Cheyenne River Sioux provement of the Internal Revenue Service 1–800 SEC. 112. The funds provided to the Bureau of Tribe Terrestrial Wildlife Restoration and Lower help line service a priority and allocate re- Alcohol, Tobacco and Firearms for fiscal year Brule Sioux Tribe Terrestrial Restoration Trust sources necessary to increase phone lines and 2001 in this Act for the enforcement of the Fed- Fund, as authorized by sections 603(f) and 604(f) staff to improve the Internal Revenue Service 1– eral Alcohol Administration Act shall be ex- of Public Law 106–53. 800 help line service. pended in a manner so as not to diminish en- INTERNAL REVENUE SERVICE UNITED STATES SECRET SERVICE forcement efforts with respect to section 105 of PROCESSING, ASSISTANCE, AND MANAGEMENT the Federal Alcohol Administration Act. SALARIES AND EXPENSES For necessary expenses of the Internal Rev- SEC. 113. Not to exceed 2 percent of any appro- enue Service for tax returns processing; revenue For necessary expenses of the United States priations in this Act made available to the Fed- accounting; tax law and account assistance to Secret Service, including purchase of not to ex- eral Law Enforcement Training Center, Finan- taxpayers by telephone and correspondence; ceed 844 vehicles for police-type use, of which cial Crimes Enforcement Network, Bureau of Al- providing an independent taxpayer advocate 541 shall be for replacement only, and hire of cohol, Tobacco and Firearms, United States within the Service; programs to match informa- passenger motor vehicles; purchase of American- Customs Service, and United States Secret Serv- tion returns and tax returns; management serv- made side-car compatible motorcycles; hire of ice may be transferred between such appropria- ices; rent and utilities; and services as author- aircraft; training and assistance requested by tions upon the advance approval of the Commit- ized by 5 U.S.C. 3109, at such rates as may be State and local governments, which may be pro- tees on Appropriations. No transfer may in- determined by the Commissioner, $3,567,001,000, vided without reimbursement; services of expert crease or decrease any such appropriation by of which up to $3,950,000 shall be for the Tax witnesses at such rates as may be determined by more than 2 percent. Counseling for the Elderly Program, and of the Director; rental of buildings in the District SEC. 114. Not to exceed 2 percent of any appro- which not to exceed $25,000 shall be for official of Columbia, and fencing, lighting, guard priations in this Act made available to the De- reception and representation expenses. booths, and other facilities on private or other partmental Offices, Office of Inspector General, TAX LAW ENFORCEMENT property not in Government ownership or con- Treasury Inspector General for Tax Administra- For necessary expenses of the Internal Rev- trol, as may be necessary to perform protective tion, Financial Management Service, and Bu- enue Service for determining and establishing functions; for payment of per diem and/or sub- reau of the Public Debt, may be transferred be- tax liabilities; providing litigation support; sistence allowances to employees where a pro- tween such appropriations upon the advance issuing technical rulings; providing service to tective assignment during the actual day or approval of the Committees on Appropriations. tax exempt customers, including employee plans, days of the visit of a protectee require an em- No transfer may increase or decrease any such tax exempt organizations, and government enti- ployee to work 16 hours per day or to remain appropriation by more than 2 percent. ties; examining employee plans and exempt or- overnight at his or her post of duty; the con- SEC. 115. Not to exceed 2 percent of any ap- ganizations; conducting criminal investigation ducting of and participating in firearms propriation made available in this Act to the In- and enforcement activities; securing unfiled tax matches; presentation of awards; for travel of ternal Revenue Service may be transferred to returns; collecting unpaid accounts; compiling Secret Service employees on protective missions the Treasury Inspector General for Tax Admin- statistics of income and conducting compliance without regard to the limitations on such ex- istration’s appropriation upon the advance ap- research; purchase (for police-type use, not to penditures in this or any other Act if approval proval of the Committees on Appropriations. No exceed 850) and hire of passenger motor vehicles is obtained in advance from the Committees on transfer may increase or decrease any such ap- (31 U.S.C. 1343(b)); and services as authorized Appropriations; for research and development; propriation by more than 2 percent. by 5 U.S.C. 3109, at such rates as may be deter- for making grants to conduct behavioral re- SEC. 116. Of the funds available for the pur- mined by the Commissioner, $3,382,402,000, of search in support of protective research and op- chase of law enforcement vehicles, no funds may which not to exceed $1,000,000 shall remain erations; not to exceed $25,000 for official recep- be obligated until the Secretary of the Treasury available until September 30, 2003, for research. tion and representation expenses; not to exceed certifies that the purchase by the respective EARNED INCOME TAX CREDIT COMPLIANCE $100,000 to provide technical assistance and Treasury bureau is consistent with Depart- INITIATIVE equipment to foreign law enforcement organiza- mental vehicle management principles: Pro- For funding essential earned income tax credit tions in counterfeit investigations; for payment vided, That the Secretary may delegate this au- compliance and error reduction initiatives pur- in advance for commercial accommodations as thority to the Assistant Secretary for Manage- suant to section 5702 of the Balanced Budget may be necessary to perform protective func- ment. Act of 1997 (Public Law 105–33), $145,000,000, of tions; and for uniforms without regard to the SEC. 117. None of the funds appropriated in which not to exceed $10,000,000 may be used to general purchase price limitation for the current this Act or otherwise available to the Depart- reimburse the Social Security Administration for fiscal year, $823,800,000, of which $3,633,000 ment of the Treasury or the Bureau of Engrav- the costs of implementing section 1090 of the shall be available as a grant for activities re- ing and Printing may be used to redesign the $1 Taxpayer Relief Act of 1997. lated to the investigations of exploited children Federal Reserve note.

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00107 Fmt 0688 Sfmt 6333 E:\BR00\H26JY0.004 H26JY0 July 26, 2000 CONGRESSIONAL RECORD—HOUSE 16531

SEC. 118. Hereafter, funds made available by TITLE III—EXECUTIVE OFFICE OF THE debt on a United States Government claim under this or any other Act may be used to pay pre- PRESIDENT AND FUNDS APPROPRIATED section 3717 of title 31, United States Code: Pro- mium pay for protective services authorized by TO THE PRESIDENT vided further, That each such amount that is section 3056(a) of title 18, United States Code, COMPENSATION OF THE PRESIDENT AND THE reimbursed, and any accompanying interest and without regard to the limitation on the rate of WHITE HOUSE OFFICE charges, shall be deposited in the Treasury as pay payable during a pay period contained in COMPENSATION OF THE PRESIDENT miscellaneous receipts: Provided further, That section 5547(c)(2) of title 5, United States Code, For compensation of the President, including the Executive Residence shall prepare and sub- except that such premium pay shall not be pay- an expense allowance at the rate of $50,000 per mit to the Committees on Appropriations, by not able to an employee to the extent that the aggre- annum as authorized by 3 U.S.C. 102, $390,000: later than 90 days after the end of the fiscal gate of the employee’s basic and premium pay Provided, That none of the funds made avail- year covered by this Act, a report setting forth for the year would otherwise exceed the annual able for official expenses shall be expended for the reimbursable operating expenses of the Exec- equivalent of that limitation. The term premium any other purpose and any unused amount utive Residence during the preceding fiscal year, pay refers to the provisions of law cited in the shall revert to the Treasury pursuant to section including the total amount of such expenses, the first sentence of section 5547(a) of title 5, United 1552 of title 31, United States Code: Provided amount of such total that consists of reimburs- States Code. Payment of additional premium further, That none of the funds made available able official and ceremonial events, the amount pay payable under this section may be made in for official expenses shall be considered as tax- of such total that consists of reimbursable polit- a lump sum on the last payday of the calendar able to the President. ical events, and the portion of each such year. amount that has been reimbursed as of the date SALARIES AND EXPENSES SEC. 119. The Secretary of the Treasury may of the report: Provided further, That the Execu- For necessary expenses for the White House as transfer funds from ‘‘Salaries and Expenses’’, tive Residence shall maintain a system for the authorized by law, including not to exceed Financial Management Service, to the Debt tracking of expenses related to reimbursable $3,850,000 for services as authorized by 5 U.S.C. Services Account as necessary to cover the costs events within the Executive Residence that in- 3109 and 3 U.S.C. 105; subsistence expenses as of debt collection: Provided, That such amounts cludes a standard for the classification of any authorized by 3 U.S.C. 105, which shall be ex- shall be reimbursed to such Salaries and Ex- such expense as political or nonpolitical: Pro- pended and accounted for as provided in that penses account from debt collections received in vided further, That no provision of this para- section; hire of passenger motor vehicles, news- the Debt Services Account. graph may be construed to exempt the Executive papers, periodicals, teletype news service, and Residence from any other applicable require- SEC. 120. Under the heading of Treasury travel (not to exceed $100,000 to be expended and ment of subchapter I or II of chapter 37 of title Franchise Fund in Public Law 104–208, delete accounted for as provided by 3 U.S.C. 103); and 31, United States Code. the following: the phrases ‘‘pilot, as authorized not to exceed $19,000 for official entertainment WHITE HOUSE REPAIR AND RESTORATION by section 403 of Public Law 103–356,’’; and ‘‘as expenses, to be available for allocation within For the repair, alteration, and improvement of provided in such section’’; and the final proviso. the Executive Office of the President, the Executive Residence at the White House, After the phrase ‘‘to be available’’, insert ‘‘with- $53,288,000: Provided, That $9,072,000 of the $968,000, to remain available until expanded, for out fiscal year limitation,’’. After the phrase, funds appropriated shall be available for reim- projects for required maintenance, safety and ‘‘established in the Treasury a franchise fund’’, bursements to the White House Communications health issues, Presidential transition, tele- insert, ‘‘until October 1, 2002’’. Agency. SEC. 121. Notwithstanding any other provision communications infrastructure repair, and con- of law, no reorganization of the field operations EXECUTIVE RESIDENCE AT THE WHITE HOUSE tinued preventive maintenance. of the United States Customs Service Office of OPERATING EXPENSES SPECIAL ASSISTANCE TO THE PRESIDENT AND THE Field Operations shall result in a reduction in For the care, maintenance, repair and alter- OFFICIAL RESIDENCE OF THE VICE PRESIDENT ation, refurnishing, improvement, heating, and service to the area served by the Port of Racine, SALARIES AND EXPENSES lighting, including electric power and fixtures, Wisconsin, below the level of service provided in For necessary expenses to enable the Vice of the Executive Residence at the White House fiscal year 2000. President to provide assistance to the President and official entertainment expenses of the Presi- SEC. 122. Notwithstanding any other provision in connection with specially assigned functions; dent, $10,900,000, to be expended and accounted of law, the Bureau of Alcohol, Tobacco and services as authorized by 5 U.S.C. 3109 and 3 for as provided by 3 U.S.C. 105, 109, 110, and Firearms shall reimburse the subcontractor that U.S.C. 106, including subsistence expenses as 112–114. provided services in 1993 and 1994 pursuant to authorized by 3 U.S.C. 106, which shall be ex- Bureau of Alcohol, Tobacco and Firearms con- REIMBURSABLE EXPENSES pended and accounted for as provided in that tract number TATF 93–3 from amounts appro- For the reimbursable expenses of the Execu- section; and hire of passenger motor vehicles, priated for fiscal year 2001 or unobligated bal- tive Residence at the White House, such sums as $3,673,000. may be necessary: Provided, That all reimburs- ances from prior fiscal years, and such reim- OPERATING EXPENSES bursement shall cover the cost of all professional able operating expenses of the Executive Resi- (INCLUDING TRANSFER OF FUNDS) services rendered, plus interest calculated in ac- dence shall be made in accordance with the pro- For the care, operation, refurnishing, im- cordance with the Contract Dispute Act of 1978 visions of this paragraph: Provided further, provement, heating and lighting, including elec- (41 U.S.C. 601 et seq.) That, notwithstanding any other provision of tric power and fixtures, of the official residence This title may be cited as the ‘‘Treasury De- law, such amount for reimbursable operating ex- penses shall be the exclusive authority of the of the Vice President; the hire of passenger partment Appropriations Act, 2001’’. motor vehicles; and not to exceed $90,000 for of- TITLE II—POSTAL SERVICE Executive Residence to incur obligations and to receive offsetting collections, for such expenses: ficial entertainment expenses of the Vice Presi- PAYMENT TO THE POSTAL SERVICE FUND Provided further, That the Executive Residence dent, to be accounted for solely on his certifi- For payment to the Postal Service Fund for shall require each person sponsoring a reimburs- cate, $354,000: Provided, That advances or re- revenue forgone on free and reduced rate mail, able political event to pay in advance an payments or transfers from this appropriation pursuant to subsections (c) and (d) of section amount equal to the estimated cost of the event, may be made to any department or agency for 2401 of title 39, United States Code, $96,093,000, and all such advance payments shall be credited expenses of carrying out such activities. of which $67,093,000 shall not be available for to this account and remain available until ex- COUNCIL OF ECONOMIC ADVISERS obligation until October 1, 2001: Provided, That pended: Provided further, That the Executive SALARIES AND EXPENSES mail for overseas voting and mail for the blind Residence shall require the national committee For necessary expenses of the Council of Eco- shall continue to be free: Provided further, That of the political party of the President to main- nomic Advisors in carrying out its functions 6-day delivery and rural delivery of mail shall tain on deposit $25,000, to be separately ac- under the Employment Act of 1946 (15 U.S.C. continue at not less than the 1983 level: Pro- counted for and available for expenses relating 1021), $4,110,000. vided further, That none of the funds made to reimbursable political events sponsored by OFFICE OF POLICY DEVELOPMENT available to the Postal Service by this Act shall such committee during such fiscal year: Pro- SALARIES AND EXPENSES be used to implement any rule, regulation, or vided further, That the Executive Residence For necessary expenses of the Office of Policy policy of charging any officer or employee of shall ensure that a written notice of any Development, including services as authorized any State or local child support enforcement amount owed for a reimbursable operating ex- by 5 U.S.C. 3109 and 3 U.S.C. 107, $4,032,000. agency, or any individual participating in a pense under this paragraph is submitted to the NATIONAL SECURITY COUNCIL State or local program of child support enforce- person owing such amount within 60 days after ment, a fee for information requested or pro- such expense is incurred, and that such amount SALARIES AND EXPENSES vided concerning an address of a postal cus- is collected within 30 days after the submission For necessary expenses of the National Secu- tomer: Provided further, That none of the funds of such notice: Provided further, That the Exec- rity Council, including services as authorized by provided in this Act shall be used to consolidate utive Residence shall charge interest and assess 5 U.S.C. 3109, $7,165,000. or close small rural and other small post offices penalties and other charges on any such OFFICE OF ADMINISTRATION in fiscal year 2001. amount that is not reimbursed within such 30 SALARIES AND EXPENSES This title may be cited as the ‘‘Postal Service days, in accordance with the interest and pen- For necessary expenses of the Office of Ad- Appropriations Act, 2001’’. alty provisions applicable to an outstanding ministration, including services as authorized by

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00108 Fmt 0688 Sfmt 6333 E:\BR00\H26JY0.004 H26JY0 16532 CONGRESSIONAL RECORD—HOUSE July 26, 2000

5 U.S.C. 3109 and 3 U.S.C. 107, and hire of pas- FEDERAL DRUG CONTROL PROGRAMS members of the Federal Service Impasses Panel senger motor vehicles, $43,737,000, of which HIGH INTENSITY DRUG TRAFFICKING AREAS may be paid travel expenses and per diem in lieu $9,905,000 shall be available until September 30, PROGRAM of subsistence as authorized by law (5 U.S.C. 2002 for a capital investment plan which pro- 5703) for persons employed intermittently in the (INCLUDING TRANSFER OF FUNDS) vides for the continued modernization of the in- Government service, and compensation as au- For necessary expenses of the Office of Na- formation technology infrastructure. thorized by 5 U.S.C. 3109: Provided further, tional Drug Control Policy’s High Intensity That notwithstanding 31 U.S.C. 3302, funds re- Drug Trafficking Areas Program, $206,500,000 OFFICE OF MANAGEMENT AND BUDGET ceived from fees charged to non-Federal partici- for drug control activities consistent with the pants at labor-management relations con- SALARIES AND EXPENSES approved strategy for each of the designated ferences shall be credited to and merged with High Intensity Drug Trafficking Areas, of For necessary expenses of the Office of Man- this account, to be available without further ap- which no less than 51 percent shall be trans- agement and Budget, including hire of pas- propriation for the costs of carrying out these ferred to State and local entities for drug control senger motor vehicles and services as authorized conferences. activities, which shall be obligated within 120 by 5 U.S.C. 3109, $68,786,000, of which not to ex- GENERAL SERVICES ADMINISTRATION ceed $5,000,000 shall be available to carry out days of the date of the enactment of this Act: REAL PROPERTY ACTIVITIES the provisions of chapter 35 of title 44, United Provided, That up to 49 percent, to remain States Code: Provided, That, as provided in 31 available until September 30, 2002, may be trans- FEDERAL BUILDINGS FUND U.S.C. 1301(a), appropriations shall be applied ferred to Federal agencies and departments at a LIMITATIONS ON AVAILABILITY OF REVENUE rate to be determined by the Director: Provided only to the objects for which appropriations (INCLUDING TRANSFER OF FUNDS) further, That, of this latter amount, $1,800,000 were made except as otherwise provided by law: For an additional amount to be deposited in, shall be used for auditing services: Provided fur- Provided further, That none of the funds appro- and to be used for the purposes of, the Fund es- ther, That HIDTAs designated as of September priated in this Act for the Office of Management tablished pursuant to section 210(f) of the Fed- 30, 2000 shall be funded at fiscal year 2000 levels and Budget may be used for the purpose of re- eral Property and Administration Act of 1949, as unless the Director submits to the Committees, viewing any agricultural marketing orders or amended (40 U.S.C. 490(f)), $464,154,000. The and the Committess approve, justification for any activities or regulations under the provi- revenues and collections deposited into the changes in those levels based on clearly articu- sions of the Agricultural Marketing Agreement Fund shall be available for necessary expenses lated priorities for the HIDTA program, as well Act of 1937 (7 U.S.C. 601 et seq.): Provided fur- of real property management and related activi- as published ONDCP performance measures of ther, That none of the funds made available for ties not otherwise provided for, including oper- effectiveness. the Office of Management and Budget by this ation, maintenance, and protection of federally Act may be expended for the altering of the SPECIAL FORFEITURE FUND owned and leased buildings; rental of buildings transcript of actual testimony of witnesses, ex- (INCLUDING TRANSFER OF FUNDS) in the District of Columbia; restoration of leased cept for testimony of officials of the Office of For activities to support a national anti-drug premises; moving governmental agencies (includ- Management and Budget, before the Committees campaign for youth, and other purposes, au- ing space adjustments and telecommunications on Appropriations or the Committees on Vet- thorized by Public Law 105–277, $233,600,000, to relocation expenses) in connection with the as- erans’ Affairs or their subcommittees: Provided remain available until expended: Provided, That signment, allocation and transfer of space; con- further, That the preceding shall not apply to such funds may be transferred to other Federal tractual services incident to cleaning or serv- printed hearings released by the Committees on departments and agencies to carry out such ac- icing buildings, and moving; repair and alter- Appropriations or the Committees on Veterans’ tivities: Provided further, That of the funds pro- ation of federally owned buildings including Affairs. vided, $185,000,000 shall be to support a national grounds, approaches and appurtenances; care media campaign, as authorized in the Drug-Free and safeguarding of sites; maintenance, preser- OFFICE OF NATIONAL DRUG CONTROL POLICY Media Campaign Act of 1998: Provided further, vation, demolition, and equipment; acquisition SALARIES AND EXPENSES That of the funds provided, $3,300,000 shall be of buildings and sites by purchase, condemna- made available to the United States Olympic tion, or as otherwise authorized by law; acquisi- (INCLUDING TRANSFER OF FUNDS) Committee’s anti-doping program no later than tion of options to purchase buildings and sites; For necessary expenses of the Office of Na- 30 days after the enactment of this Act: Pro- conversion and extension of federally owned tional Drug Control Policy; for research activi- vided further, That of the funds provided, buildings; preliminary planning and design of ties pursuant to the Office of National Drug $40,000,000 shall be to continue a program of projects by contract or otherwise; construction Control Policy Reauthorization Act of 1998 (title matching grants to drug-free communities, as of new buildings (including equipment for such VII of division C of Public Law 105–277); not to authorized in the Drug-Free Communities Act of buildings); and payment of principal, interest, exceed $8,000 for official reception and represen- 1997: Provided further, That of the funds pro- and any other obligations for public buildings tation expenses; and for participation in joint vided, $1,000,000 shall be available to the Na- acquired by installment purchase and purchase projects or in the provision of services on mat- tional Drug Court Institute. contract; in the aggregate amount of ters of mutual interest with nonprofit, research, This title may be cited as the ‘‘Executive Of- $5,971,509,000 of which (1) $472,176,000 shall re- or public organizations or agencies, with or fice Appropriations Act, 2001’’. main available until expended for construction without reimbursement, $24,759,000, of which TITLE IV—INDEPENDENT AGENCIES (including funds for sites and expenses and as- sociated design and construction services) of ad- $2,100,000 shall remain available until expended, COMMITTEE FOR PURCHASE FROM PEOPLE WHO ditional projects at the following locations: Cali- consisting of $1,100,000 for policy research and ARE BLIND OR SEVERELY DISABLED evaluation, and $1,000,000 for the National Alli- fornia, Los Angeles, U.S. Courthouse; District of SALARIES AND EXPENSES ance for Model State Drug Laws, and up to Columbia, Bureau of Alcohol, Tobacco and Fire- For necessary expenses of the Committee for $600,000 for the evaluation of the Drug-Free arms Headquarters; Florida, Saint Petersburg, Purchase From People Who Are Blind or Se- Communities Act: Provided, That the Office is Combined Law Enforcement Facility; Maryland, verely Disabled established by the Act of June authorized to accept, hold, administer, and uti- Montgomery County, Food and Drug Adminis- 23, 1971, Public Law 92–28, $4,158,000. lize gifts, both real and personal, public and pri- tration Consolidation; Michigan, Sault St. vate, without fiscal year limitation, for the pur- FEDERAL ELECTION COMMISSION Marie, Border Station; Mississippi, Biloxi-Gulf- pose of aiding or facilitating the work of the Of- SALARIES AND EXPENSES port, U.S. Courthouse; Montana, Eureka/ fice. For necessary expenses to carry out the provi- Roosville, Border Station; Virginia, Richmond, sions of the Federal Election Campaign Act of U.S. Courthouse; Washington, Seattle, U.S. COUNTERDRUG TECHNOLOGY ASSESSMENT CENTER 1971, as amended, $40,500,000, of which no less Courthouse: Provided, That funding for any project identified above may be exceeded to the (INCLUDING TRANSFER OF FUNDS) than $4,689,500 shall be available for internal automated data processing systems, and of extent that savings are effected in other such For necessary expenses for the Counterdrug which not to exceed $5,000 shall be available for projects, but not to exceed 10 percent of the Technology Assessment Center for research ac- reception and representation expenses. amounts included in an approved prospectus, if tivities pursuant to the Office of National Drug required, unless advance approval is obtained Control Policy Reauthorization Act of 1998 (title FEDERAL LABOR RELATIONS AUTHORITY from the Committees on Appropriations of a VII of Division C of Public Law 105–277), SALARIES AND EXPENSES greater amount: Provided further, That all $29,053,000, which shall remain available until For necessary expenses to carry out functions funds for direct construction projects shall ex- expended, consisting of $15,803,000 for counter- of the Federal Labor Relations Authority, pur- pire on September 30, 2002, and remain in the narcotics research and development projects, suant to Reorganization Plan Numbered 2 of Federal Buildings Fund except for funds for and $13,250,000 for the continued operation of 1978, and the Civil Service Reform Act of 1978, projects as to which funds for design or other the technology transfer program: Provided, including services authorized by 5 U.S.C. 3109, funds have been obligated in whole or in part That the $15,803,000 for counternarcotics re- including hire of experts and consultants, hire prior to such date; (2) $671,193,000 shall remain search and development projects shall be avail- of passenger motor vehicles, and rental of con- available until expended for repairs and alter- able for transfer to other Federal departments or ference rooms in the District of Columbia and ations which includes associated design and agencies. elsewhere, $25,058,000: Provided, That public construction services: Provided further, That

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00109 Fmt 0688 Sfmt 6333 E:\BR00\H26JY0.004 H26JY0 July 26, 2000 CONGRESSIONAL RECORD—HOUSE 16533 funds in the Federal Buildings Fund for Repairs pended; (4) $2,944,905,000 for rental of space street-level retail use, has been approved by the and Alterations shall, for prospectus projects, be which shall remain available until expended; Senate Committee on Appropriations, the House limited to the amount by project, as follows, ex- and (5) $1,624,771,000 for building operations Committee on Transportation and Infrastruc- cept each project may be increased by an which shall remain available until expended: ture, and the Senate Committee on Environment amount not to exceed 10 percent unless advance Provided further, That in addition to amounts and Public Works: Provided further, That no approval is obtained from the Committees on made available herein, $276,400,000 shall be de- funds from this Act shall be available to acquire Appropriations of a greater amount: posited to the Fund, to become available on Oc- by purchase, condemnation, or otherwise the Repairs and alterations: tober 1, 2001, and remain available until ex- leasehold rights of the existing lease with pri- Arizona: pended for the following construction projects vate parties at the Old Post Office prior to the Phoenix, Federal Building Courthouse, (including funds for sites and expenses and as- approval of the comprehensive plan by the Sen- $26,962,000 sociated design and construction services): Dis- ate Committee on Appropriations, the House California: trict of Columbia, U.S. Courthouse Annex; Flor- Committee on Transportation and Infrastruc- Santa Ana, Federal Building, $27,864,000 ida, Miami, U.S. Courthouse; Massachusetts, ture, and the Senate Committee on Environment District of Columbia: Springfield, U.S. Courthouse; New York, Buf- and Public Works. Internal Revenue Service Headquarters falo, U.S. Courthouse: Provided further, That OFFICE OF INSPECTOR GENERAL (Phase 1), $31,780,000 funding for any project identified above may be For necessary expenses of the Office of In- Main State Building, (Phase 3), $28,775,000 exceeded to the extent that savings are effected spector General and services authorized by 5 Maryland: in other such projects, but not to exceed 10 per- U.S.C. 3109, $34,520,000: Provided, That not to Woodlawn, SSA National Computer Center, cent of the amounts included in an approved exceed $15,000 shall be available for payment for $4,285,000 prospectus, if required, unless advance approval information and detection of fraud against the Michigan: is obtained from the Committees on Appropria- Government, including payment for recovery of Detroit, McNamara Federal Building, tions of a greater amount: Provided further, stolen Government property: Provided further, $26,999,000 That funds available to the General Services That not to exceed $2,500 shall be available for Missouri: Administration shall not be available for ex- awards to employees of other Federal agencies Kansas City, Richard Bolling Federal Build- penses of any construction, repair, alteration and private citizens in recognition of efforts and ing, $25,882,000 and acquisition project for which a prospectus, initiatives resulting in enhanced Office of In- Kansas City, Federal Building, 8930 Ward if required by the Public Buildings Act of 1959, spector General effectiveness. Parkway, $8,964,000 as amended, has not been approved, except that ALLOWANCES AND OFFICE STAFF FOR FORMER Nebraska: necessary funds may be expended for each PRESIDENTS Omaha, Zorinsky Federal Building, project for required expenses for the develop- $45,960,000 ment of a proposed prospectus: Provided fur- (INCLUDING TRANSFER OF FUNDS) New York: ther, That funds available in the Federal Build- For carrying out the provisions of the Act of New York City, 40 Foley Square, $5,037,000 ings Fund may be expended for emergency re- August 25, 1958, as amended (3 U.S.C. 102 note), Ohio: pairs when advance approval is obtained from and Public Law 95–138, $2,517,000: Provided, Cincinnati, Potter Stewart U.S. Courthouse, the Committees on Appropriations: Provided That the Administrator of General Services shall $18,434,000 further, That amounts necessary to provide re- transfer to the Secretary of the Treasury such Pennsylvania: imbursable special services to other agencies sums as may be necessary to carry out the provi- Pittsburgh, U.S. Post Office-Courthouse, under section 210(f)(6) of the Federal Property sions of such Acts. $54,144,000 and Administrative Services Act of 1949, as EXPENSES, PRESIDENTIAL TRANSITION Utah: amended (40 U.S.C. 490(f)(6)) and amounts to For expenses necessary to carry out the Presi- Salt Lake City, Bennett Federal Building, provide such reimbursable fencing, lighting, dential Transition Act of 1963, as amended, $21,199,000 guard booths, and other facilities on private or $7,100,000. Virginia: other property not in Government ownership or GENERAL SERVICES ADMINISTRATION—GENERAL Reston, J.W. Powell Federal Building (Phase control as may be appropriate to enable the PROVISIONS 2), $22,993,000 United States Secret Service to perform its pro- Nationwide: tective functions pursuant to 18 U.S.C. 3056, SEC. 401. The appropriate appropriation or Design Program, $21,915,000 shall be available from such revenues and col- fund available to the General Services Adminis- Energy Program, $5,000,000 lections: Provided further, That revenues and tration shall be credited with the cost of oper- Glass Fragment Retention Program, $5,000,000 collections and any other sums accruing to this ation, protection, maintenance, upkeep, repair, Basic Repairs and Alterations, $290,000,000: Fund during fiscal year 2001, excluding reim- and improvement, included as part of rentals re- Provided further, That additional projects for bursements under section 210(f)(6) of the Federal ceived from Government corporations pursuant which prospectuses have been fully approved Property and Administrative Services Act of 1949 to law (40 U.S.C. 129). may be funded under this category only if ad- (40 U.S.C. 490(f)(6)) in excess of $5,971,509,000 SEC. 402. Funds available to the General Serv- vance notice is transmitted to the Committees on shall remain in the Fund and shall not be avail- ices Administration shall be available for the Appropriations: Provided further, That the able for expenditure except as authorized in ap- hire of passenger motor vehicles. amounts provided in this or any prior Act for propriations Acts. SEC. 403. Funds in the Federal Buildings ‘‘Repairs and Alterations’’ may be used to fund POLICY AND OPERATIONS Fund made available for fiscal year 2001 for costs associated with implementing security im- For expenses authorized by law, not otherwise Federal Buildings Fund activities may be trans- provements to buildings necessary to meet the provided for, for Government-wide policy and ferred between such activities only to the extent minimum standards for security in accordance oversight activities associated with asset man- necessary to meet program requirements: Pro- with current law and in compliance with the re- agement activities; utilization and donation of vided, That any proposed transfers shall be ap- programming guidelines of the appropriate Com- surplus personal property; transportation; pro- proved in advance by the Committees on Appro- mittees of the House and Senate: Provided fur- curement and supply; Government-wide respon- priations. ther, That the difference between the funds ap- sibilities relating to automated data manage- SEC. 404. No funds made available by this Act propriated and expended on any projects in this ment, telecommunications, information re- shall be used to transmit a fiscal year 2002 re- or any prior Act, under the heading ‘‘Repairs sources management, and related technology ac- quest for United States Courthouse construction and Alterations’’, may be transferred to Basic tivities; utilization survey, deed compliance in- that: (1) does not meet the design guide stand- Repairs and Alterations or used to fund author- spection, appraisal, environmental and cultural ards for construction as established and ap- ized increases in prospectus projects: Provided analysis, and land use planning functions per- proved by the General Services Administration, further, That all funds for repairs and alter- taining to excess and surplus real property; the Judicial Conference of the United States, ations prospectus projects shall expire on Sep- agency-wide policy direction; Board of Contract and the Office of Management and Budget; and tember 30, 2002, and remain in the Federal Appeals; accounting, records management, and (2) does not reflect the priorities of the Judicial Buildings Fund except funds for projects as to other support services incident to adjudication Conference of the United States as set out in its which funds for design or other funds have been of Indian Tribal Claims by the United States approved 5–year construction plan: Provided, obligated in whole or in part prior to such date: Court of Federal Claims; services as authorized That the fiscal year 2002 request must be accom- Provided further, That the amount provided in by 5 U.S.C. 3109; and not to exceed $5,000 for of- panied by a standardized courtroom utilization this or any prior Act for Basic Repairs and Al- ficial reception and representation expenses, study of each facility to be constructed, re- terations may be used to pay claims against the $123,920,000, of which $27,301,000 shall remain placed, or expanded. Government arising from any projects under the available until expended: Provided, That none SEC. 405. None of the funds provided in this heading ‘‘Repairs and Alterations’’ or used to of the funds appropriated from this Act shall be Act may be used to increase the amount of occu- fund authorized increases in prospectus available to convert the Old Post Office at 1100 piable square feet, provide cleaning services, se- projects; (3) $185,369,000 for installment acquisi- Pennsylvania Avenue in Northwest Wash- curity enhancements, or any other service usu- tion payments including payments on purchase ington, D.C., from office use to any other use ally provided through the Federal Buildings contracts which shall remain available until ex- until a comprehensive plan, which shall include Fund, to any agency that does not pay the rate

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00110 Fmt 0688 Sfmt 6333 E:\BR00\H26JY0.004 H26JY0 16534 CONGRESSIONAL RECORD—HOUSE July 26, 2000 per square foot assessment for space and serv- improved road and standard county road right Trust Fund, to be available for the purposes of ices as determined by the General Services Ad- of way which is not required for the operation Public Law 102–252, $2,000,000, to remain avail- ministration in compliance with the Public of the port of entry: Provided further, That the able until expended. Buildings Amendments Act of 1972 (Public Law General Services Administration on behalf of the ENVIRONMENTAL DISPUTE RESOLUTION FUND 92–313). United States upon conveyance of the property For payment to the Environmental Dispute SEC. 406. Funds provided to other Government to the municipality of Luna, New Mexico, shall Resolution Fund to carry out activities author- agencies by the Information Technology Fund, retain the balance of the property located adja- ized in the Environmental Policy and Conflict General Services Administration, under 40 cent to the port, consisting of approximately 12 Resolution Act of 1998, $1,250,000, to remain U.S.C. 757 and sections 5124(b) and 5128 of Pub- acres, to be owned or otherwise managed by the available until expended. lic Law 104–106, Information Technology Man- Administrator pursuant to the Federal Property agement Reform Act of 1996, for performance of and Administrative Services Act of 1949, as NATIONAL ARCHIVES AND RECORDS pilot information technology projects which amended: Provided further, That the General ADMINISTRATION have potential for Government-wide benefits Services Administration is authorized to acquire OPERATING EXPENSES and savings, may be repaid to this Fund from such additional real property and rights in real For necessary expenses in connection with the any savings actually incurred by these projects property as may be necessary to construct said administration of the National Archives (includ- or other funding, to the extent feasible. road and provide a contiguous site for the port ing the Information Security Oversight Office) SEC. 407. From funds made available under of entry: Provided further, That the United and archived Federal records and related activi- the heading ‘‘Federal Buildings Fund, Limita- States shall incur no liability for any environ- ties, as provided by law, and for expenses nec- tions on Availability of Revenue’’, claims mental laws or conditions existing at the prop- essary for the review and declassification of against the Government of less than $250,000 erty at the time of conveyance to the United documents, and for the hire of passenger motor arising from direct construction projects and ac- States or in connection with the construction of vehicles, $209,393,000: Provided, That the Archi- quisition of buildings may be liquidated from the road: Provided further, That Luna County vist of the United States is authorized to use savings effected in other construction projects and the Village of Columbus shall be responsible any excess funds available from the amount bor- with prior notification to the Committees on Ap- for providing adequate access and egress to ex- rowed for construction of the National Archives propriations. isting properties east of the port of entry: Pro- facility, for expenses necessary to provide ade- SEC. 408. Section 411 of Public Law 106–58 is vided further, That the Bureau of Land Man- quate storage for holdings. amended by striking ‘‘April 30, 2001’’ each place agement, the International Boundary and REPAIRS AND RESTORATION it appears and inserting ‘‘April 30, 2002’’. Water Commission, the Federal Inspection For the repair, alteration, and improvement of SEC. 409. DESIGNATION OF RONALD N. DAVIES Agencies and the Department of State shall take archives facilities, and to provide adequate stor- FEDERAL BUILDING AND UNITED STATES COURT- all actions necessary to facilitate the construc- age for holdings, $95,150,000, to remain available HOUSE. (a) The Federal building and courthouse tion of the road and expansion of the port facili- until expended of which $88,000,000 is to com- located at 102 North 4th Street, Grand Forks, ties. plete renovation of the National Archives Build- North Dakota, shall be known and designated SEC. 411. DESIGNATION OF J. BRATTON DAVIS ing. as the ‘‘Ronald N. Davies Federal Building and UNITED STATES BANKRUPTCY COURTHOUSE. (a) NATIONAL HISTORICAL PUBLICATIONS AND United States Courthouse’’. The United States bankruptcy courthouse at RECORDS COMMISSION (b) Any reference in a law, map, regulation, 1100 Laurel Street in Columbia, South Carolina, GRANTS PROGRAM document, paper, or other record of the United shall be known and designated as the ‘‘J. States to the Federal building and courthouse Bratton Davis United States Bankruptcy Court- (INCLUDING RESCISSION OF FUNDS) referred to in section 1 shall be deemed to be a house’’. For necessary expenses for allocations and reference to the Ronald N. Davies Federal (b) Any reference in a law, map, regulation, grants for historical publications and records as Building and United States Courthouse. document, paper, or other record of the United authorized by 44 U.S.C. 2504, as amended, SEC. 410. From the funds made available States to the United States bankruptcy court- $6,450,000, to remain available until expended. under the heading ‘‘Federal Buildings Fund house referred to in section 1 shall be deemed to OFFICE OF GOVERNMENT ETHICS Limitations on Revenue’’, in addition to be a reference to the ‘‘J. Bratton Davis United SALARIES AND EXPENSES amounts provided in budget activities above, up States Bankruptcy Courthouse’’. For necessary expenses to carry out functions to $2,500,000 shall be available for the construc- SEC. 412. (a) The United States Courthouse of the Office of Government Ethics pursuant to tion of a road and acquisition of the property Annex located at 901 19th Street in Denver, Col- the Ethics in Government Act of 1978, as amend- necessary for construction of said road and as- orado is hereby designated as the ‘‘Alfred A. ed and the Ethics Reform Act of 1989, including sociated port of entry facilities: Provided, That Arraj United States Courthouse Annex’’. services as authorized by 5 U.S.C. 3109, rental of said property shall include a 125 foot wide right (b) Any reference in a law, map, regulation, conference rooms in the District of Columbia of way beginning approximately 700 feet east of document, or paper or other record of the and elsewhere, hire of passenger motor vehicles, Highway 11 at the northeast corner of the exist- United States to the Courthouse Annex herein and not to exceed $1,500 for official reception ing port facilities and going north approxi- referred to in subsection (a) shall be deemed to and representation expenses, $9,684,000. mately 4,750 feet and approximately 10.22 acres be a reference to the ‘‘Alfred A. Arraj United OFFICE OF PERSONNEL MANAGEMENT adjacent to the port of entry in Township 29 S. States Courthouse Annex’’. Range 8W., Section 14: Provided further, That SEC. 413. DESIGNATION OF THE PAUL COVER- SALARIES AND EXPENSES construction of the road shall occur only after DELL DORMITORY. The dormitory building cur- (INCLUDING TRANSFER OF TRUST FUNDS) this property is deeded and conveyed to the rently being constructed on the Core Campus of For necessary expenses to carry out functions United States by and through the General Serv- the Federal Law Enforcement Training Center of the Office of Personnel Management pursu- ices Administration without reimbursement or in Glynco, Georgia, shall be known and des- ant to Reorganization Plan Numbered 2 of 1978 cost to the United States at the election of its ignated as the ‘‘Paul Coverdell Dormitory’’. and the Civil Service Reform Act of 1978, includ- current landholder: Provided further, That not- MERIT SYSTEMS PROTECTION BOARD ing services as authorized by 5 U.S.C. 3109; med- withstanding any other provision of law, and SALARIES AND EXPENSES ical examinations performed for veterans by pri- subject to the foregoing conditions, the Adminis- vate physicians on a fee basis; rental of con- (INCLUDING TRANSFER OF FUNDS) trator of General Services shall construct a road ference rooms in the District of Columbia and For necessary expenses to carry out functions to the Columbus, New Mexico Port of Entry Sta- elsewhere; hire of passenger motor vehicles; not of the Merit Systems Protection Board pursuant tion on the property, connecting the port with a to exceed $2,500 for official reception and rep- to Reorganization Plan Numbered 2 of 1978 and road to be built by the County of Luna, New resentation expenses; advances for reimburse- the Civil Service Reform Act of 1978, including Mexico to connect to State Highway 11: Pro- ments to applicable funds of the Office of Per- services as authorized by 5 U.S.C. 3109, rental of vided further, That notwithstanding any other sonnel Management and the Federal Bureau of conference rooms in the District of Columbia provision of law, Luna County shall construct Investigation for expenses incurred under Exec- and elsewhere, hire of passenger motor vehicles, the roadway from State Highway 11 to the ter- utive Order No. 10422 of January 9, 1953, as and direct procurement of survey printing, minus of the northbound road to be constructed amended; and payment of per diem and/or sub- $29,437,000 together with not to exceed $2,430,000 by the General Services Administration in time sistence allowances to employees where Voting for administrative expenses to adjudicate retire- for completion of the road to be constructed by Rights Act activities require an employee to re- ment appeals to be transferred from the Civil the General Services Administration: Provided main overnight at his or her post of duty, Service Retirement and Disability Fund in further, That upon completion of the construc- $94,095,000; and in addition $101,986,000 for ad- amounts determined by the Merit Systems Pro- tion of the road by the General Services Admin- ministrative expenses, to be transferred from the tection Board. istration, and notwithstanding any other provi- appropriate trust funds of the Office of Per- sion of law, the Administrator of General Serv- FEDERAL PAYMENT TO MORRIS K. UDALL SCHOL- sonnel Management without regard to other ices shall convey to the municipality of Luna ARSHIP AND EXCELLENCE IN NATIONAL ENVI- statutes, including direct procurement of printed County, New Mexico, without reimbursement, RONMENTAL POLICY FOUNDATION materials, for the retirement and insurance pro- all right, title, and interest of the United States For payment to the Morris K. Udall Scholar- grams, of which $10,500,000 shall remain avail- to that portion of the property constituting the ship and Excellence in National Environmental able until expended for the cost of automating

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00111 Fmt 0688 Sfmt 6333 E:\BR00\H26JY0.004 H26JY0 July 26, 2000 CONGRESSIONAL RECORD—HOUSE 16535

the retirement recordkeeping systems: Provided, UNITED STATES TAX COURT suant to the debarment, suspension, and ineligi- That the provisions of this appropriation shall SALARIES AND EXPENSES bility procedures described in sections 9.400 not affect the authority to use applicable trust For necessary expenses, including contract re- through 9.409 of title 48, Code of Federal Regu- funds as provided by sections 8348(a)(1)(B) and porting and other services as authorized by 5 lations. 8909(g) of title 5, United States Code: Provided U.S.C. 3109, $37,305,000: Provided, That travel SEC. 509. No funds appropriated by this Act further, That no part of this appropriation shall expenses of the judges shall be paid upon the shall be available to pay for an abortion, or the be available for salaries and expenses of the written certificate of the judge. administrative expenses in connection with any Legal Examining Unit of the Office of Personnel This title may be cited as the ‘‘Independent health plan under the Federal employees health Management established pursuant to Executive Agencies Appropriations Act, 2001’’. benefit program which provides any benefits or Order No. 9358 of July 1, 1943, or any successor coverage for abortions. TITLE V—GENERAL PROVISIONS unit of like purpose: Provided further, That the SEC. 510. The provision of section 509 shall not President’s Commission on White House Fel- THIS ACT apply where the life of the mother would be en- lows, established by Executive Order No. 11183 SEC. 501. No part of any appropriation con- dangered if the fetus were carried to term, or the of October 3, 1964, may, during fiscal year 2001, tained in this Act shall remain available for ob- pregnancy is the result of an act of rape or in- accept donations of money, property, and per- ligation beyond the current fiscal year unless cest. sonal services in connection with the develop- expressly so provided herein. SEC. 511. Except as otherwise specifically pro- ment of a publicity brochure to provide informa- SEC. 502. The expenditure of any appropria- vided by law, not to exceed 50 percent of unobli- tion about the White House Fellows, except that tion under this Act for any consulting service gated balances remaining available at the end of no such donations shall be accepted for travel or through procurement contract, pursuant to 5 fiscal year 2001 from appropriations made avail- reimbursement of travel expenses, or for the sal- U.S.C. 3109, shall be limited to those contracts able for salaries and expenses for fiscal year aries of employees of such Commission. where such expenditures are a matter of public 2001 in this Act, shall remain available through OFFICE OF INSPECTOR GENERAL record and available for public inspection, ex- September 30, 2002, for each such account for the purposes authorized: Provided, That a re- SALARIES AND EXPENSES cept where otherwise provided under existing law, or under existing Executive order issued quest shall be submitted to the Committees on (INCLUDING TRANSFER OF TRUST FUNDS) pursuant to existing law. Appropriations for approval prior to the expend- For necessary expenses of the Office of In- SEC. 503. None of the funds made available by iture of such funds: Provided further, That spector General in carrying out the provisions of this Act shall be available for any activity or for these requests shall be made in compliance with the Inspector General Act, as amended, includ- paying the salary of any Government employee reprogramming guidelines. ing services as authorized by 5 U.S.C. 3109, hire where funding an activity or paying a salary to SEC. 512. None of the funds made available in of passenger motor vehicles, $1,360,000; and in a Government employee would result in a deci- this Act may be used by the Executive Office of addition, not to exceed $9,745,000 for administra- sion, determination, rule, regulation, or policy the President to request from the Federal Bu- tive expenses to audit, investigate, and provide that would prohibit the enforcement of section reau of Investigation any official background other oversight of the Office of Personnel Man- 307 of the Tariff Act of 1930. investigation report on any individual, except agement’s retirement and insurance programs, SEC. 504. None of the funds made available by when— to be transferred from the appropriate trust this Act shall be available in fiscal year 2001 for (1) such individual has given his or her ex- funds of the Office of Personnel Management, the purpose of transferring control over the Fed- press written consent for such request not more as determined by the Inspector General: Pro- eral Law Enforcement Training Center located than 6 months prior to the date of such request vided, That the Inspector General is authorized at Glynco, Georgia, and Artesia, New Mexico, and during the same presidential administra- to rent conference rooms in the District of Co- out of the Department of the Treasury. tion; or lumbia and elsewhere. SEC. 505. No part of any appropriation con- (2) such request is required due to extraor- GOVERNMENT PAYMENT FOR ANNUITANTS, tained in this Act shall be available to pay the dinary circumstances involving national secu- EMPLOYEES HEALTH BENEFITS salary for any person filling a position, other rity. For payment of Government contributions than a temporary position, formerly held by an SEC. 513. The cost accounting standards pro- with respect to retired employees, as authorized employee who has left to enter the Armed Forces mulgated under section 26 of the Office of Fed- by chapter 89 of title 5, United States Code, and of the United States and has satisfactorily com- eral Procurement Policy Act (Public Law 93–400; the Retired Federal Employees Health Benefits pleted his period of active military or naval 41 U.S.C. 422) shall not apply with respect to a Act (74 Stat. 849), as amended, such sums as service, and has within 90 days after his release contract under the Federal Employees Health may be necessary. from such service or from hospitalization con- Benefits Program established under chapter 89 GOVERNMENT PAYMENT FOR ANNUITANTS, tinuing after discharge for a period of not more of title 5, United States Code. EMPLOYEE LIFE INSURANCE than 1 year, made application for restoration to SEC. 514. (a) IN GENERAL.—As soon as prac- For payment of Government contributions his former position and has been certified by the ticable after the date of the enactment of this with respect to employees retiring after Decem- Office of Personnel Management as still quali- Act, the Archivist of the United States shall ber 31, 1989, as required by chapter 87 of title 5, fied to perform the duties of his former position transfer to the Gerald R. Ford Foundation, as United States Code, such sums as may be nec- and has not been restored thereto. trustee, all right, title, and interest of the essary. SEC. 506. No funds appropriated pursuant to United States in and to the approximately 2.3 acres of land located within Grand Rapids, PAYMENT TO CIVIL SERVICE RETIREMENT AND this Act may be expended by an entity unless Michigan, and further described in subsection DISABILITY FUND the entity agrees that in expending the assist- (b), such grant to be in trust, with the bene- For financing the unfunded liability of new ance the entity will comply with sections 2 through 4 of the Act of March 3, 1933 (41 U.S.C. ficiary being the National Archives and Records and increased annuity benefits becoming effec- Administration, for the purpose of supporting tive on or after October 20, 1969, as authorized 10a–10c, popularly known as the ‘‘Buy Amer- ican Act’’). the facilities and programs of the Gerald R. by 5 U.S.C. 8348, and annuities under special Ford Museum in Grand Rapids, Michigan, and Acts to be credited to the Civil Service Retire- SEC. 507. (a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS.—In the case of any the Gerald R. Ford Library in Ann Arbor, ment and Disability Fund, such sums as may be Michigan, in accordance with a trust agreement necessary: Provided, That annuities authorized equipment or products that may be authorized to be purchased with financial assistance pro- to be agreed upon by the Archivist and the Ger- by the Act of May 29, 1944, as amended, and the ald R. Ford Foundation. Act of August 19, 1950, as amended (33 U.S.C. vided under this Act, it is the sense of the Con- gress that entities receiving such assistance (b) LAND DESCRIPTION.—The land to be trans- 771–775), may hereafter be paid out of the Civil ferred pursuant to subsection (a) is described as Service Retirement and Disability Fund. should, in expending the assistance, purchase only American-made equipment and products. follows: FFICE OF PECIAL OUNSEL O S C (b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In The following premises in the City of Grand SALARIES AND EXPENSES providing financial assistance under this Act, Rapids, County of Kent, State of Michigan, de- For necessary expenses to carry out functions the Secretary of the Treasury shall provide to scribed as: of the Office of Special Counsel pursuant to Re- each recipient of the assistance a notice describ- That part of Block 2, Converse Plat, and that organization Plan Numbered 2 of 1978, the Civil ing the statement made in subsection (a) by the part of Block 2 of J.W. Converse Replatted Addi- Service Reform Act of 1978 (Public Law 95–454), Congress. tion, and that part of Government Lot 1 of Sec- the Whistleblower Protection Act of 1989 (Public SEC. 508. If it has been finally determined by tion 25, T7N, R12W, City of Grand Rapids, Kent Law 101–12), Public Law 103–424, and the Uni- a court or Federal agency that any person in- County, Michigan, described as: BEGINNING at formed Services Employment and Reemployment tentionally affixed a label bearing a ‘‘Made in the NE corner of Lot 1 of Block 2 of Converse Act of 1994 (Public Law 103–353), including serv- America’’ inscription, or any inscription with Plat; thence East 245.0 feet along the South line ices as authorized by 5 U.S.C. 3109, payment of the same meaning, to any product sold in or of Bridge Street; thence South 230.0 feet along a fees and expenses for witnesses, rental of con- shipped to the United States that is not made in line which is parallel with and 170 feet East ference rooms in the District of Columbia and the United States, such person shall be ineligible from the East line of Front Avenue as originally elsewhere, and hire of passenger motor vehicles, to receive any contract or subcontract made platted; thence West 207.5 feet parallel with the $11,147,000. with funds provided pursuant to this Act, pur- South line of Bridge Street; thence South along

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00112 Fmt 0688 Sfmt 6333 E:\BR00\H26JY0.004 H26JY0 16536 CONGRESSIONAL RECORD—HOUSE July 26, 2000 the centerline of vacated Front Avenue 109 feet suring and maximizing the quality, objectivity, ployees serving abroad in cases of death or life more or less to the extended centerline of va- utility, and integrity of information (including threatening illness of said employee. cated Douglas Street; thence West along the statistical information) disseminated by Federal SEC. 602. No department, agency, or instru- centerline of vacated Douglas Street 237.5 feet agencies in fulfillment of the purposes and pro- mentality of the United States receiving appro- more or less to the East line of Scribner Avenue; visions of chapter 35 of title 44, United States priated funds under this or any other Act for thence North along the East line of Scribner Av- Code, commonly referred to as the Paperwork fiscal year 2001 shall obligate or expend any enue 327 feet more or less to a point which is 7.0 Reduction Act. such funds, unless such department, agency, or feet South from the NW corner of Lot 8 of Block (b) CONTENT OF GUIDELINES.—The guidelines instrumentality has in place, and will continue 2 of Converse Plat; thence Easterly 200 feet more under subsection (a) shall— to administer in good faith, a written policy de- or less to the place of beginning, also described (1) apply to the sharing by Federal agencies signed to ensure that all of its workplaces are as: of, and access to, information disseminated by free from the illegal use, possession, or distribu- Parcel A—Lots 9 & 10, Block 2 of Converse Federal agencies; and tion of controlled substances (as defined in the Plat, being the subdivision of Government Lots (2) require that each Federal agency to which Controlled Substances Act) by the officers and 1 & 2, Section 25, T7N, R12W; also Lots 11–24, the guidelines apply— employees of such department, agency, or in- Block 2 of J.W. Converse Replatted Addition; (A) issue guidelines ensuring and maximizing strumentality. also part of N 1⁄2 of Section 25, T7N, R12W com- the quality, objectivity, utility, and integrity of SEC. 603. Unless otherwise specifically pro- mencing at SE corner Lot 24, Block 2 of J.W. information (including statistical information) vided, the maximum amount allowable during Converse Replatted Addition, thence N to NE disseminated by the agency, by not later than 1 the current fiscal year in accordance with sec- corner of Lot 9 of Converse Plat, thence E 16 year after the date of issuance of the guidelines tion 16 of the Act of August 2, 1946 (60 Stat. feet, thence S to SW corner of Lot 23 of J.W. under subsection (a); 810), for the purchase of any passenger motor Converse Replatted Addition, thence W 16 feet (B) establish administrative mechanisms al- vehicle (exclusive of buses, ambulances, law en- to beginning. lowing affected persons to seek and obtain cor- forcement, and undercover surveillance vehi- Parcel B—Part of Section 25, T7N, R12W, rection of information maintained and dissemi- cles), is hereby fixed at $8,100 except station commencing on S line of Bridge Street 50 feet E nated by the agency that does not comply with wagons for which the maximum shall be $9,100: of E line of Front Avenue, thence S 107.85 feet, the guidelines issued under subsection (a); and Provided, That these limits may be exceeded by thence 77 feet, thence N to a point on S line of (C) report periodically to the Director— not to exceed $3,700 for police-type vehicles, and said street which is 80 feet E of beginning, (i) the number and nature of complaints re- by not to exceed $4,000 for special heavy-duty thence W to beginning. ceived by the agency regarding the accuracy of vehicles: Provided further, That the limits set Parcel C—Part of Section 25, T7N, R12W, com- information disseminated by the agency; and forth in this section may not be exceeded by (ii) how such complaints were handled by the mencing at SE corner Bridge Street & Front Av- more than 5 percent for electric or hybrid vehi- agency. enue, thence E 50 feet, thence S 107.85 feet to cles purchased for demonstration under the pro- SEC. 516. For the purpose of resolving litiga- alley, thence W 50 feet to E line Front Avenue, visions of the Electric and Hybrid Vehicle Re- tion and implementing any settlement agree- thence N 106.81 feet to beginning. search, Development, and Demonstration Act of ments regarding the nonforeign area cost-of-liv- Parcel D—Part of Government Lot 1, Section 1976: Provided further, That the limits set forth ing allowance program, the Office of Personnel 25, T7N, R12W, commencing at a point on S line in this section may be exceeded by the incre- Management may accept and utilize (without of Bridge Street (66′ wide) 170 feet E of E line of mental cost of clean alternative fuels vehicles regard to any restriction on unanticipated trav- Front Avenue (75′ wide), thence S 230 feet par- acquired pursuant to Public Law 101–549 over el expenses imposed in an Appropriations Act) allel with Front Avenue, thence W 170 feet par- the cost of comparable conventionally fueled ve- funds made available to the Office pursuant to allel with Bridge Street to E line of Front Ave- hicles. court approval. nue, thence N along said line to a point 106.81 SEC. 604. Appropriations of the executive de- SEC. 517. None of the funds appropriated by feet S of intersection of said line with extension partments and independent establishments for this Act shall be used to propose or issue rules, of N & S line of Bridge Street, thence E 127 feet, the current fiscal year available for expenses of regulations, decrees, or orders for the purpose of thence northerly to a point on S line of Bridge travel, or for the expenses of the activity con- implementation, or in preparation for implemen- Street 130 feet E of E line of Front Avenue, cerned, are hereby made available for quarters tation, of the Kyoto Protocol, which was adopt- thence E along S line of Bridge Street to begin- allowances and cost-of-living allowances, in ac- ed on December 11, 1997, in Kyoto, Japan, at the ning. cordance with 5 U.S.C. 5922–5924. Third Conference of the Parties to the United Parcel E—Lots 1 through 8 of Block 2 of Con- SEC. 605. Unless otherwise specified during the Nations Framework Convention on Climate verse Plat, being the subdivision of Government current fiscal year, no part of any appropria- Change, which has not been submitted to the Lots 1 and 2, Section 25, T7N, R12W. tion contained in this or any other Act shall be Senate for advice and consent to ratification Also part of N 1⁄2 of Section 25, T7N, R12W, used to pay the compensation of any officer or pursuant to article II, section 2, clause 2, of the commencing at NW corner of Lot 9, Block 2 of employee of the Government of the United United States Constitution, and which has not J.W. Converse Replatted Addition; thence N 15 States (including any agency the majority of the entered into force pursuant to article 25 of the feet to SW corner of Lot 8; thence E 200 feet to stock of which is owned by the Government of Protocol. SE corner Lot 1; thence S 15 feet to NE corner the United States) whose post of duty is in the SEC. 518. Not later than July 1, 2001, the Di- of Lot 10; thence W 200 feet to beginning. continental United States unless such person: Together with any portion of vacated streets rector of the Office of Management and Budget shall submit a report to the Committee on Ap- (1) is a citizen of the United States; (2) is a per- and alleys that have become part of the above son in the service of the United States on the property. propriations and the Committee on Govern- mental Affairs in the Senate and the Committee date of the enactment of this Act who, being eli- (c) TERMS AND CONDITIONS.— on Appropriations and the Committee on Gov- gible for citizenship, has filed a declaration of (1) COMPENSATION.—The land transferred ernment Reform of the House of Representatives intention to become a citizen of the United pursuant to subsection (a) shall be transferred that (1) evaluates, for each agency, the extent to States prior to such date and is actually resid- without compensation to the United States. which implementation of chapter 35 of title 31, ing in the United States; (3) is a person who (2) APPOINTMENT OF SUCCESSOR TRUSTEE.—In United States Code, as amended by the Paper- owes allegiance to the United States; (4) is an the event that the Gerald R. Ford Foundation work Reduction Act of 1995 (Public Law 104–13), alien from Cuba, Poland, South Vietnam, the for any reason is unable or unwilling to con- has reduced burden imposed by rules issued by countries of the former Soviet Union, or the Bal- tinue to serve as trustee, the Archivist of the the agency, including the burden imposed by tic countries lawfully admitted to the United United States is authorized to appoint a suc- each major rule issued by the agency; (2) in- States for permanent residence; (5) is a South cessor trustee. cludes a determination, based on such evalua- Vietnamese, Cambodian, or Laotian refugee pa- (3) REVERSIONARY INTEREST.—If the Archivist tion, of the need for additional procedures to roled in the United States after January 1, 1975; of the United States determines that the Gerald ensure achievement of the purposes of that or (6) is a national of the People’s Republic of R. Ford Foundation (or a successor trustee ap- chapter, as set forth in section 3501 of title 31, China who qualifies for adjustment of status pointed under paragraph (2)) has breached its United States Code, and evaluates the burden pursuant to the Chinese Student Protection Act fiduciary duty under the trust agreement en- imposed by each major rule that imposes more of 1992: Provided, That for the purpose of this tered into pursuant to this section, the land than 10,000,000 hours of burden, and identifies section, an affidavit signed by any such person transferred pursuant to subsection (a) shall re- specific reductions expected to be achieved in shall be considered prima facie evidence that the vert to the United States under the administra- each of fiscal years 2001 and 2002 in the burden requirements of this section with respect to his tive jurisdiction of the Archivist. imposed by all rules issued by each agency that or her status have been complied with: Provided SEC. 515. (a) IN GENERAL.—The Director of the issued such a major rule. further, That any person making a false affi- Office of Management and Budget shall, by not davit shall be guilty of a felony, and, upon con- later than September 30, 2001, and with public TITLE VI—GENERAL PROVISIONS viction, shall be fined no more than $4,000 or im- and Federal agency involvement, issue guide- DEPARTMENTS, AGENCIES, AND CORPORATIONS prisoned for not more than 1 year, or both: Pro- lines under sections 3504(d)(1) and 3516 of title SEC. 601. Funds appropriated in this or any vided further, That the above penal clause shall 44, United States Code, that provide policy and other Act may be used to pay travel to the be in addition to, and not in substitution for, procedural guidance to Federal agencies for en- United States for the immediate family of em- any other provisions of existing law: Provided

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00113 Fmt 0688 Sfmt 6333 E:\BR00\H26JY0.004 H26JY0 July 26, 2000 CONGRESSIONAL RECORD—HOUSE 16537 further, That any payment made to any officer such guards shall have, with respect to such lation that provides premium pay, retire- or employee contrary to the provisions of this property, the powers of special policemen pro- ment, life insurance, or any other employee section shall be recoverable in action by the vided by the first section of the Act of June 1, benefit) that requires any deduction or con- Federal Government. This section shall not 1948, as amended (62 Stat. 281; 40 U.S.C. 318), tribution, or that imposes any requirement apply to citizens of Ireland, Israel, or the Re- and, as to property owned or occupied by the or limitation on the basis of a rate of salary public of the Philippines, or to nationals of Postal Service, the Postmaster General may take or basic pay, the rate of salary or basic pay those countries allied with the United States in the same actions as the Administrator of Gen- payable after the application of this section a current defense effort, or to international eral Services may take under the provisions of shall be treated as the rate of salary or basic broadcasters employed by the United States In- sections 2 and 3 of the Act of June 1, 1948, as pay. formation Agency, or to temporary employment amended (62 Stat. 281; 40 U.S.C. 318a and 318b), (g) Nothing in this section shall be considered of translators, or to temporary employment in attaching thereto penal consequences under the to permit or require the payment to any em- the field service (not to exceed 60 days) as a re- authority and within the limits provided in sec- ployee covered by this section at a rate in excess sult of emergencies. tion 4 of the Act of June 1, 1948, as amended (62 of the rate that would be payable were this sec- SEC. 606. Appropriations available to any de- Stat. 281; 40 U.S.C. 318c). tion not in effect. partment or agency during the current fiscal SEC. 612. None of the funds made available (h) The Office of Personnel Management may year for necessary expenses, including mainte- pursuant to the provisions of this Act shall provide for exceptions to the limitations imposed nance or operating expenses, shall also be avail- be used to implement, administer, or enforce by this section if the Office determines that such able for payment to the General Services Admin- any regulation which has been disapproved exceptions are necessary to ensure the recruit- istration for charges for space and services and pursuant to a resolution of disapproval duly ment or retention of qualified employees. those expenses of renovation and alteration of adopted in accordance with the applicable SEC. 614. During the period in which the head buildings and facilities which constitute public law of the United States. of any department or agency, or any other offi- improvements performed in accordance with the SEC. 613. (a) Notwithstanding any other cer or civilian employee of the Government ap- Public Buildings Act of 1959 (73 Stat. 749), the provision of law, and except as otherwise pointed by the President of the United States, Public Buildings Amendments of 1972 (87 Stat. provided in this section, no part of any of the holds office, no funds may be obligated or ex- 216), or other applicable law. funds appropriated for fiscal year 2001, by pended in excess of $5,000 to furnish or redeco- SEC. 607. In addition to funds provided in this this or any other Act, may be used to pay rate the office of such department head, agency or any other Act, all Federal agencies are au- any prevailing rate employee described in head, officer, or employee, or to purchase fur- thorized to receive and use funds resulting from section 5342(a)(2)(A) of title 5, United States niture or make improvements for any such of- the sale of materials, including Federal records Code— fice, unless advance notice of such furnishing or disposed of pursuant to a records schedule re- (1) during the period from the date of expi- redecoration is expressly approved by the Com- covered through recycling or waste prevention ration of the limitation imposed by section mittees on Appropriations. For the purposes of programs. Such funds shall be available until 613 of the Treasury and General Government this section, the word ‘‘office’’ shall include the expended for the following purposes: Appropriations Act, 2000, until the normal entire suite of offices assigned to the individual, (1) Acquisition, waste reduction and preven- effective date of the applicable wage survey as well as any other space used primarily by the tion, and recycling programs as described in Ex- adjustment that is to take effect in fiscal individual or the use of which is directly con- ecutive Order No. 13101 (September 14, 1998), in- year 2001, in an amount that exceeds the rate trolled by the individual. cluding any such programs adopted prior to the payable for the applicable grade and step of SEC. 615. Notwithstanding any other provision effective date of the Executive order. the applicable wage schedule in accordance of law, no executive branch agency shall pur- (2) Other Federal agency environmental man- with such section 613; and chase, construct, and/or lease any additional fa- agement programs, including, but not limited to, (2) during the period consisting of the re- cilities, except within or contiguous to existing the development and implementation of haz- mainder of fiscal year 2001, in an amount locations, to be used for the purpose of con- ardous waste management and pollution pre- that exceeds, as a result of a wage survey ad- ducting Federal law enforcement training with- vention programs. justment, the rate payable under paragraph out the advance approval of the Committees on (3) Other employee programs as authorized by (1) by more than the sum of— Appropriations, except that the Federal Law law or as deemed appropriate by the head of the (A) the percentage adjustment taking ef- Enforcement Training Center is authorized to Federal agency. fect in fiscal year 2001 under section 5303 of obtain the temporary use of additional facilities SEC. 608. Funds made available by this or any title 5, United States Code, in the rates of by lease, contract, or other agreement for train- other Act for administrative expenses in the cur- pay under the General Schedule; and ing which cannot be accommodated in existing rent fiscal year of the corporations and agencies (B) the difference between the overall aver- Center facilities. EC. 616. Notwithstanding section 1346 of title subject to chapter 91 of title 31, United States age percentage of the locality-based com- S 31, United States Code, or section 610 of this Code, shall be available, in addition to objects parability payments taking effect in fiscal Act, funds made available for fiscal year 2001 by for which such funds are otherwise available, year 2001 under section 5304 of such title this or any other Act shall be available for the for rent in the District of Columbia; services in (whether by adjustment or otherwise), and interagency funding of national security and accordance with 5 U.S.C. 3109; and the objects the overall average percentage of such pay- emergency preparedness telecommunications ini- specified under this head, all the provisions of ments which was effective in fiscal year 2000 tiatives which benefit multiple Federal depart- which shall be applicable to the expenditure of under such section. (b) Notwithstanding any other provision of ments, agencies, or entities, as provided by Ex- such funds unless otherwise specified in the Act law, no prevailing rate employee described in ecutive Order No. 12472 (April 3, 1984). by which they are made available: Provided, subparagraph (B) or (C) of section 5342(a)(2) SEC. 617. (a) None of the funds appropriated That in the event any functions budgeted as ad- of title 5, United States Code, and no em- by this or any other Act may be obligated or ex- ministrative expenses are subsequently trans- ployee covered by section 5348 of such title, pended by any Federal department, agency, or ferred to or paid from other funds, the limita- may be paid during the periods for which other instrumentality for the salaries or ex- tions on administrative expenses shall be cor- subsection (a) is in effect at a rate that ex- penses of any employee appointed to a position respondingly reduced. ceeds the rates that would be payable under of a confidential or policy-determining char- SEC. 609. No part of any appropriation for the subsection (a) were subsection (a) applicable acter excepted from the competitive service pur- current fiscal year contained in this or any to such employee. suant to section 3302 of title 5, United States other Act shall be paid to any person for the (c) For the purposes of this section, the Code, without a certification to the Office of filling of any position for which he or she has rates payable to an employee who is covered Personnel Management from the head of the been nominated after the Senate has voted not by this section and who is paid from a sched- Federal department, agency, or other instru- to approve the nomination of said person. ule not in existence on September 30, 2000, mentality employing the Schedule C appointee SEC. 610. No part of any appropriation con- shall be determined under regulations pre- that the Schedule C position was not created tained in this or any other Act shall be available scribed by the Office of Personnel Manage- solely or primarily in order to detail the em- for interagency financing of boards (except Fed- ment. ployee to the White House. eral Executive Boards), commissions, councils, (d) Notwithstanding any other provision of (b) The provisions of this section shall not committees, or similar groups (whether or not law, rates of premium pay for employees sub- apply to Federal employees or members of the they are interagency entities) which do not have ject to this section may not be changed from armed services detailed to or from— a prior and specific statutory approval to re- the rates in effect on September 30, 2000, ex- (1) the Central Intelligence Agency; ceive financial support from more than one cept to the extent determined by the Office (2) the National Security Agency; agency or instrumentality. of Personnel Management to be consistent (3) the Defense Intelligence Agency; SEC. 611. Funds made available by this or any with the purpose of this section. (4) the offices within the Department of De- other Act to the Postal Service Fund (39 U.S.C. (e) This section shall apply with respect to fense for the collection of specialized national 2003) shall be available for employment of pay for service performed after September foreign intelligence through reconnaissance pro- guards for all buildings and areas owned or oc- 30, 2000. grams; cupied by the Postal Service and under the (f) For the purpose of administering any (5) the Bureau of Intelligence and Research of charge and control of the Postal Service, and provision of law (including any rule or regu- the Department of State;

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00114 Fmt 0688 Sfmt 6333 E:\BR00\H26JY0.004 H26JY0 16538 CONGRESSIONAL RECORD—HOUSE July 26, 2000 (6) any agency, office, or unit of the Army, conducting training bearing directly upon the notice and an opportunity to comment on the Navy, Air Force, and Marine Corps, the Federal performance of official duties. statement and report under subsection (a) before Bureau of Investigation and the Drug Enforce- SEC. 622. No funds appropriated in this or any the statement and report are submitted to Con- ment Administration of the Department of Jus- other Act may be used to implement or enforce gress. tice, the Department of Transportation, the De- the agreements in Standard Forms 312 and 4414 (c) GUIDELINES.—To implement this section, partment of the Treasury, and the Department of the Government or any other nondisclosure the Director of the Office of Management and of Energy performing intelligence functions; and policy, form, or agreement if such policy, form, Budget shall issue guidelines to agencies to (7) the Director of Central Intelligence. or agreement does not contain the following pro- standardize— SEC. 618. No department, agency, or instru- visions: ‘‘These restrictions are consistent with (1) measures of costs and benefits; and mentality of the United States receiving appro- and do not supersede, conflict with, or other- (2) the format of accounting statements. priated funds under this or any other Act for wise alter the employee obligations, rights, or li- fiscal year 2001 shall obligate or expend any abilities created by Executive Order No. 12958; (d) PEER REVIEW.—The Director of the Office such funds, unless such department, agency, or section 7211 of title 5, U.S.C. (governing disclo- of Management and Budget shall provide for instrumentality has in place, and will continue sures to Congress); section 1034 of title 10, independent and external peer review of the to administer in good faith, a written policy de- United States Code, as amended by the Military guidelines and each accounting statement and signed to ensure that all of its workplaces are Whistleblower Protection Act (governing disclo- associated report under this section. Such peer free from discrimination and sexual harassment sure to Congress by members of the military); review shall not be subject to the Federal Advi- and that all of its workplaces are not in viola- section 2302(b)(8) of title 5, United States Code, sory Committee Act (5 U.S.C. App.). tion of title VII of the Civil Rights Act of 1964, as amended by the Whistleblower Protection Act SEC. 625. None of the funds appropriated by as amended, the Age Discrimination in Employ- (governing disclosures of illegality, waste, this or any other Act may be used by an agency ment Act of 1967, and the Rehabilitation Act of fraud, abuse or public health or safety threats); to provide a Federal employee’s home address to 1973. the Intelligence Identities Protection Act of 1982 any labor organization except when the em- SEC. 619. None of the funds made available in (50 U.S.C. 421 et seq.) (governing disclosures ployee has authorized such disclosure or when this Act for the United States Customs Service that could expose confidential Government such disclosure has been ordered by a court of may be used to allow the importation into the agents); and the statutes which protect against competent jurisdiction. United States of any good, ware, article, or mer- disclosure that may compromise the national se- SEC. 626. Hereafter, the Secretary of the chandise mined, produced, or manufactured by curity, including sections 641, 793, 794, 798, and Treasury is authorized to establish scientific forced or indentured child labor, as determined 952 of title 18, United States Code, and section certification standards for explosives detection pursuant to section 307 of the Tariff Act of 1930 4(b) of the Subversive Activities Act of 1950 (50 canines, and shall provide, on a reimbursable (19 U.S.C. 1307). U.S.C. 783(b)). The definitions, requirements, basis, for the certification of explosives detection SEC. 620. No part of any appropriation con- obligations, rights, sanctions, and liabilities cre- canines employed by Federal agencies, or other tained in this or any other Act shall be available ated by said Executive order and listed statutes agencies providing explosives detection services for the payment of the salary of any officer or are incorporated into this agreement and are at airports in the United States. employee of the Federal Government, who— controlling.’’: Provided, That notwithstanding SEC. 627. None of the funds made available in (1) prohibits or prevents, or attempts or the preceding paragraph, a nondisclosure policy this Act or any other Act may be used to provide threatens to prohibit or prevent, any other offi- form or agreement that is to be executed by a any non-public information such as mailing or cer or employee of the Federal Government from person connected with the conduct of an intel- telephone lists to any person or any organiza- having any direct oral or written communica- ligence or intelligence-related activity, other tion outside of the Federal Government without tion or contact with any Member, committee, or than an employee or officer of the United States the approval of the Committees on Appropria- subcommittee of the Congress in connection with Government, may contain provisions appro- tions. any matter pertaining to the employment of priate to the particular activity for which such SEC. 628. No part of any appropriation con- such other officer or employee or pertaining to document is to be used. Such form or agreement the department or agency of such other officer tained in this or any other Act shall be used for shall, at a minimum, require that the person will publicity or propaganda purposes within the or employee in any way, irrespective of whether not disclose any classified information received such communication or contact is at the initia- United States not heretofore authorized by the in the course of such activity unless specifically Congress. tive of such other officer or employee or in re- authorized to do so by the United States Gov- sponse to the request or inquiry of such Member, SEC. 629. (a) In this section the term ‘‘agen- ernment. Such nondisclosure forms shall also cy’’— committee, or subcommittee; or make it clear that they do not bar disclosures to (2) removes, suspends from duty without pay, (1) means an Executive agency as defined Congress or to an authorized official of an exec- demotes, reduces in rank, seniority, status, pay, under section 105 of title 5, United States Code; utive agency or the Department of Justice that or performance of efficiency rating, denies pro- are essential to reporting a substantial violation (2) includes a military department as defined motion to, relocates, reassigns, transfers, dis- of law. under section 102 of such title, the Postal Serv- ciplines, or discriminates in regard to any em- SEC. 623. No part of any funds appropriated ice, and the Postal Rate Commission; and ployment right, entitlement, or benefit, or any in this or any other Act shall be used by an (3) shall not include the General Accounting term or condition of employment of, any other agency of the executive branch, other than for Office. officer or employee of the Federal Government, normal and recognized executive-legislative rela- (b) Unless authorized in accordance with law or attempts or threatens to commit any of the tionships, for publicity or propaganda purposes, or regulations to use such time for other pur- foregoing actions with respect to such other offi- and for the preparation, distribution or use of poses, an employee of an agency shall use offi- cer or employee, by reason of any communica- any kit, pamphlet, booklet, publication, radio, cial time in an honest effort to perform official tion or contact of such other officer or employee television or film presentation designed to sup- duties. An employee not under a leave system, with any Member, committee, or subcommittee of port or defeat legislation pending before the including a Presidential appointee exempted the Congress as described in paragraph (1). Congress, except in presentation to the Congress under section 6301(2) of title 5, United States SEC. 621. (a) None of the funds made available itself. Code, has an obligation to expend an honest ef- in this or any other Act may be obligated or ex- SEC. 624. (a) IN GENERAL.—For calendar year fort and a reasonable proportion of such em- pended for any employee training that— ployee’s time in the performance of official du- (1) does not meet identified needs for knowl- 2002 and each year thereafter, the Director of ties. edge, skills, and abilities bearing directly upon the Office of Management and Budget shall pre- the performance of official duties; pare and submit to Congress, with the budget SEC. 630. (a) None of the funds appropriated (2) contains elements likely to induce high lev- submitted under section 1105 of title 31, United by this Act may be used to enter into or renew els of emotional response or psychological stress States Code, an accounting statement and asso- a contract which includes a provision providing in some participants; ciated report containing— prescription drug coverage, except where the (3) does not require prior employee notifica- (1) an estimate of the total annual costs and contract also includes a provision for contracep- tion of the content and methods to be used in benefits (including quantifiable and nonquan- tive coverage. the training and written end of course evalua- tifiable effects) of Federal rules and paperwork, (b) Nothing in this section shall apply to a tion; to the extent feasible— contract with— (4) contains any methods or content associ- (A) in the aggregate; (1) any of the following religious plans: (B) by agency and agency program; and ated with religious or quasi-religious belief sys- (A) Personal Care’s HMO; (C) by major rule; tems or ‘‘new age’’ belief systems as defined in (B) Care Choices; Equal Employment Opportunity Commission No- (2) an analysis of impacts of Federal regula- tice N–915.022, dated September 2, 1988; or tion on State, local, and tribal government, (C) OSF Health Plans, Inc.; and (5) is offensive to, or designed to change, par- small business, wages, and economic growth; (2) any existing or future plan, if the carrier ticipants’ personal values or lifestyle outside the and for the plan objects to such coverage on the workplace. (3) recommendations for reform. basis of religious beliefs. (b) Nothing in this section shall prohibit, re- (b) NOTICE.—The Director of the Office of (c) In implementing this section, any plan strict, or otherwise preclude an agency from Management and Budget shall provide public that enters into or renews a contract under this

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00115 Fmt 0688 Sfmt 6333 E:\BR00\H26JY0.005 H26JY0 July 26, 2000 CONGRESSIONAL RECORD—HOUSE 16539 section may not subject any individual to dis- Technology Council (authorized by Executive respect to such service, if such individual’s elec- crimination on the basis that the individual re- Order No. 12881), which benefit multiple Federal tion under this section had then been in effect fuses to prescribe or otherwise provide for con- departments, agencies, or entities: Provided, (and, to the extent of any prior FAA police offi- traceptives because such activities would be con- That the Office of Management and Budget cer service, as if it had then been the employing trary to the individual’s religious beliefs or shall provide a report describing the budget of agency). Any amount under this subsection moral convictions. and resources connected with the National shall be computed with interest, in accordance (d) Nothing in this section shall be construed Science and Technology Council to the Commit- with section 8334(e) of title 5, United States to require coverage of abortion or abortion-re- tees on Appropriations, the House Committee on Code. lated services. Science; and the Senate Committee on Com- (e) CERTIFICATIONS.—The Office of Personnel SEC. 631. Notwithstanding 31 U.S.C. 1346 and merce, Science, and Transportation 90 days Management shall accept, for the purpose of section 610 of this Act, funds made available for after enactment of this Act. this section, the certification of— fiscal year 2001 by this or any other Act to any SEC. 636. RETIREMENT PROVISIONS RELATING (1) the Metropolitan Washington Airports Au- department or agency, which is a member of the TO CERTAIN MEMBERS OF THE POLICE FORCE OF thority (or its designee) concerning any service Joint Financial Management Improvement Pro- THE METROPOLITAN WASHINGTON AIRPORTS AU- performed by an individual as an MWAA police gram (JFMIP), shall be available to finance an THORITY.—(a) QUALIFIED MWAA POLICE OFFI- officer; and appropriate share of JFMIP administrative CER DEFINED.—For purposes of this section, the (2) the Federal Aviation Administration (or its costs, as determined by the JFMIP, but not to term ‘‘qualified MWAA police officer’’ means designee) concerning any service performed by exceed a total of $800,000 including the salary of any individual who, as of the date of the enact- an individual as an FAA police officer. the Executive Director and staff support. ment of this Act— (f) REIMBURSEMENT TO COMPENSATE FOR UN- SEC. 632. Notwithstanding 31 U.S.C. 1346 and (1) is employed as a member of the police force FUNDED LIABILITY.— section 610 of this Act, the head of each Execu- of the Metropolitan Washington Airports Au- (1) IN GENERAL.—The Metropolitan Wash- tive department and agency is hereby author- thority (hereinafter in this section referred to as ington Airports Authority shall pay into the ized to transfer to the ‘‘Policy and Operations’’ an ‘‘MWAA police officer’’); and Civil Service Retirement and Disability Fund an account, General Services Administration, with (2) is subject to the Civil Service Retirement amount (as determined by the Director of the the approval of the Director of the Office of System or the Federal Employees’ Retirement Office of Personnel Management) equal to the Management and Budget, funds made available System by virtue of section 49107(b) of title 49, amount necessary to reimburse the Fund for for fiscal year 2001 by this or any other Act, in- United States Code. any estimated increase in the unfunded liability cluding rebates from charge card and other con- (b) ELIGIBILITY TO BE TREATED AS A LAW EN- of the Fund (to the extent the Civil Service Re- tracts. These funds shall be administered by the FORCEMENT OFFICER FOR RETIREMENT PUR- tirement System is involved), and for any esti- Administrator of General Services to support POSES.— mated increase in the supplemental liability of Government-wide financial, information tech- (1) IN GENERAL.—Any qualified MWAA police the Fund (to the extent the Federal Employees’ nology, procurement, and other management in- officer may, by written election submitted in ac- Retirement System is involved), resulting from novations, initiatives, and activities, as ap- cordance with applicable requirements under the enactment of this section. proved by the Director of the Office of Manage- subsection (c), elect to be treated as a law en- (2) PAYMENT METHOD.—The Metropolitan ment and Budget, in consultation with the ap- forcement officer (within the meaning of section Washington Airports Authority shall pay the propriate interagency groups designated by the 8331 or 8401 of title 5, United States Code, as ap- amount so determined in five equal annual in- Director (including the Chief Financial Officers plicable), and to have all prior service described stallments, with interest (which shall be com- Council and the Joint Financial Management in paragraph (2) similarly treated. puted at the rate used in the most recent valu- Improvement Program for financial management (2) PRIOR SERVICE DESCRIBED.—The service de- ation of the Federal Employees’ Retirement Sys- initiatives, the Chief Information Officers Coun- scribed in this paragraph is all service which an tem). cil for information technology initiatives, and individual performed, prior to the effective date SEC. 637. (a) For purposes of this section— the Procurement Executives Council for procure- of such individual’s election under this section, (1) the term ‘‘comparability payment’’ refers ment initiatives). The total funds transferred as— to a locality-based comparability payment under shall not exceed $17,000,000. Such transfers may (A) an MWAA police officer; or section 5304 of title 5, United States Code; only be made 15 days following notification of (B) a member of the police force of the Federal (2) the term ‘‘President’s pay agent’’ refers to the Committees on Appropriations by the Direc- Aviation Administration (hereinafter in this sec- the pay agent described in section 5302(4) of tor of the Office of Management and Budget. tion referred to as an ‘‘FAA police officer’’). such title; and SEC. 633. (a) IN GENERAL.—In accordance with (c) REGULATIONS.—The Office of Personnel (3) the term ‘‘pay locality’’ has the meaning regulations promulgated by the Office of Per- Management shall prescribe any regulations given such term by section 5302(5) of such title. sonnel Management, an Executive agency necessary to carry out this section, including (b) Notwithstanding any provision of section which provides or proposes to provide child care provisions relating to the time, form, and man- 5304 of title 5, United States Code, for purposes services for Federal employees may use appro- ner in which any election under this section of determining appropriate pay localities and priated funds (otherwise available to such agen- shall be made. Such an election shall not be ef- making comparability payment recommenda- cy for salaries and expenses) to provide child fective unless— tions, the President’s pay agent may, in accord- care, in a Federal or leased facility, or through (1) it is made before the employee separates ance with succeeding provisions of this section, contract, for civilian employees of such agency. from service with the Metropolitan Washington make comparisons of General Schedule pay and (b) AFFORDABILITY.—Amounts so provided Airports Authority, but in no event later than 1 non-Federal pay within any of the metropolitan with respect to any such facility or contractor year after the regulations under this subsection statistical areas described in subsection (d)(3), shall be applied to improve the affordability of take effect; and using— child care for lower income Federal employees (2) it is accompanied by payment of an (1) data from surveys of the Bureau of Labor using or seeking to use the child care services amount equal to, with respect to all prior service Statistics; offered by such facility or contractor. of such employee which is described in sub- (2) salary data sets obtained under subsection (c) DEFINITION.—For purposes of this section, section (b)(2)— (c); or the term ‘‘Executive agency’’ has the meaning (A) the employee deductions that would have (3) any combination thereof. given such term by section 105 of title 5, United been required for such service under chapter 83 (c) To the extent necessary in order to carry States Code, but does not include the General or 84 of title 5, U.S.C. (as the case may be) if out this section, the President’s pay agent may Accounting Office. such election had then been in effect, minus obtain any salary data sets (referred to in sub- (d) NOTIFICATION.—None of the funds made (B) the total employee deductions and con- section (b)) from any organization or entity that available in this or any other Act may be used tributions under such chapter 83 and 84 (as ap- regularly compiles similar data for businesses in to implement the provisions of this section ab- plicable) that were actually made for such serv- the private sector. sent advance notification to the Committees on ice, (d)(1)(A) This paragraph applies with respect Appropriations. taking into account only amounts required to be to the five metropolitan statistical areas de- SEC. 634. Notwithstanding any other provision credited to the Civil Service Retirement and Dis- scribed in paragraph (3) which— of law, a woman may breastfeed her child at ability Fund. Any amount under paragraph (2) (i) have the highest levels of nonfarm employ- any location in a Federal building or on Federal shall be computed with interest, in accordance ment (as determined based on data made avail- property, if the woman and her child are other- with section 8334(e) of such title 5. able by the Bureau of Labor Statistics); and wise authorized to be present at the location. (d) GOVERNMENT CONTRIBUTIONS.—Whenever (ii) as of the date of the enactment of this Act, SEC. 635. Nothwithstanding section 1346 of a payment under subsection (c)(2) is made by an have not previously been surveyed by the Bu- title 31, United States Code, or section 610 of individual with respect to such individual’s reau of Labor Statistics (as discrete pay local- this Act, funds made available for fiscal year prior service (as described in subsection (b)(2)), ities) for purposes of section 5304 of title 5, 2001 by this or any other Act shall be available the Metropolitan Washington Airports Author- United States Code. for the interagency funding of specific projects, ity shall pay into the Civil Service Retirement (B) The President’s pay agent, based on such workshops, studies, and similar efforts to carry and Disability Fund any additional contribu- comparisons under subsection (b) as the pay out the purposes of the National Science and tions for which it would have been liable, with agent considers appropriate, shall: (i) determine

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00116 Fmt 0688 Sfmt 6333 E:\BR00\H26JY0.005 H26JY0 16540 CONGRESSIONAL RECORD—HOUSE July 26, 2000

whether any of the five areas under subpara- committees specified in subsection (f)(1) a report ‘‘7 ...... After December 31, 2000.’’; graph (A) warrants designation as a discrete relating to the ongoing efforts of the Office of pay locality; and (ii) if so, make recommenda- Personnel Management, the Office of Manage- (2) in the matter relating to a Member or em- tions as to what level of comparability payments ment and Budget, and the Bureau of Labor Sta- ployee for Congressional employee service by would be appropriate during 2002 for each area tistics to revise the methodology currently being striking: so determined. used by the Bureau of Labor Statistics in per- ‘‘8 ...... January 1, 2001, to December 31, (C)(i) Any recommendations under subpara- forming its surveys under section 5304 of title 5, 2002. graph (B)(ii) shall be included— United States Code. 7.5 ...... After December 31, 2002.’’ (I) in the pay agent’s report under section (2) The report shall include a detailed ac- and inserting the following: 5304(d)(1) of title 5, United States Code, sub- counting of any concerns the pay agent may mitted for purposes of comparability payments have regarding the current methodology, the ‘‘7.5 ...... After December 31, 2000.’’; scheduled to become payable in 2002; or specific projects the pay agent has directed any (3) in the matter relating to a Member for (II) if compliance with subclause (I) is imprac- of those agencies to undertake in order to ad- Member service by striking: ticable, in a supplementary report which the dress those concerns, and a time line for the an- ‘‘8.5 ...... January 1, 2001, to December 31, pay agent shall submit to the President and the ticipated completion of those projects and for Congress no later than March 1, 2001. 2002. implementation of the revised methodology. 8 ...... After December 31, 2002.’’ (ii) In the event that the recommendations are (3) The report shall also include recommenda- completed in time to be included in the report tions as to how those ongoing efforts might be and inserting the following: described in clause (i)(I), a copy of those rec- expedited, including any additional resources ‘‘8 ...... After December 31, 2000.’’; ommendations shall be transmitted by the pay which, in the opinion of the pay agent, are (4) in the matter relating to a law enforcement agent to the Congress contemporaneous with needed in order to expedite completion of the ac- officer for law enforcement service and fire- their submission to the President. tivities described in the preceding provisions of fighter for firefighter service by striking: (D) Each of the five areas under subpara- this subsection, and the reasons why those addi- graph (A) that so warrants, as determined by tional resources are needed. ‘‘8 ...... January 1, 2001, to December 31, the President’s pay agent, shall be designated as SEC. 638. FEDERAL FUNDS IDENTIFIED. Any re- 2002. a discrete pay locality under section 5304 of title quest for proposals, solicitation, grant applica- 7.5 ...... After December 31, 2002.’’ 5, United States Code, in time for it to be treated tion, form, notification, press release, or other and inserting the following: as such for purposes of comparability payments publications involving the distribution of Fed- ‘‘7.5 ...... After December 31, 2000.’’; becoming payable in 2002. eral funds shall indicate the agency providing (2) The President’s pay agent may, at any the funds and the amount provided. This provi- (5) in the matter relating to a bankruptcy time after the 180th day following the submis- sion shall apply to direct payments, formula judge by striking: sion of the report under subsection (f), make funds, and grants received by a State receiving any initial or further determinations or rec- ‘‘8.5 ...... January 1, 2001, to December 31, Federal funds. ommendations under this section, based on any 2002. SEC. 639. MANDATORY REMOVAL FROM EM- pay comparisons under subsection (b), with re- 8 ...... After December 31, 2002.’’ PLOYMENT OF FEDERAL LAW ENFORCEMENT OF- spect to any area described in paragraph (3). FICERS CONVICTED OF FELONIES. (a) IN GEN- and inserting the following: (3) An area described in this paragraph is any ERAL.—Chapter 73 of title 5, United States Code, ‘‘8 ...... After December 31, 2000.’’; metropolitan statistical area within the conti- is amended by adding after subchapter VI the nental United States that (as determined based (6) in the matter relating to a judge of the following: on data made available by the Bureau of Labor United States Court of Appeals for the Armed Statistics and the Office of Personnel Manage- ‘‘SUBCHAPTER VII—MANDATORY REMOVAL Forces for service as a judge of that court by ment, respectively) has a high level of nonfarm FROM EMPLOYMENT OF LAW ENFORCEMENT striking: employment and at least 2,500 General Schedule OFFICERS ‘‘8.5 ...... January 1, 2001, to December 31, employees whose post of duty is within such ‘‘§ 7371. Mandatory removal from employment 2002. area. of law enforcement officers convicted of felo- 8 ...... After December 31, 2002.’’ (e)(1) The authority under this section to nies and inserting the following: make pay comparisons and to make any deter- ‘‘(a) In this section, the term— ‘‘8 ...... After December 31, 2000.’’; minations or recommendations based on such ‘‘(1) ‘conviction date’ means the date on comparisons shall be available to the President’s which an agency has notice of the date on (7) in the matter relating to a United States pay agent only for purposes of comparability which a conviction of a felony is entered by a magistrate by striking: payments becoming payable on or after January Federal or State court, regardless of whether ‘‘8.5 ...... January 1, 2001, to December 31, 1, 2002, and before January 1, 2007, and only that conviction is appealed or is subject to ap- 2002. with respect to areas described in subsection peal; and 8 ...... After December 31, 2002.’’ (d)(3). ‘‘(2) ‘law enforcement officer’ has the meaning (2) Any comparisons and recommendations so given that term under section 8331(20) or and inserting the following: made shall, if included in the pay agent’s report 8401(17). ‘‘8 ...... After December 31, 2000.’’; under section 5304(d)(1) of title 5, United States ‘‘(b) Any law enforcement officer who is con- Code, for any year (or the pay agent’s supple- (8) in the matter relating to a Court of Federal victed of a felony shall be removed from employ- Claims judge by striking: mentary report, in accordance with subsection ment without regard to chapter 75 on the last (d)(1)(C)(i)(II)), be considered and acted on as day of the first applicable pay period following ‘‘8.5 ...... January 1, 2001, to December 31, the pay agent’s comparisons and recommenda- the conviction date. 2002. tions under such section 5304(d)(1) for the area ‘‘(c) This section does not prohibit the removal 8 ...... After December 31, 2002.’’ and the year involved. from employment before a conviction date.’’. and inserting the following: (f)(1) No later than March 1, 2001, the Presi- (b) TECHNICAL AND CONFORMING AMEND- dent’s pay agent shall submit to the Committee ‘‘8 ...... After December 31, 2000.’’; MENT.—The table of sections for chapter 73 of on Government Reform of the House of Rep- title 5, United States Code, is amended by add- (9) in the matter relating to a member of the resentatives, the Committee on Governmental ing after the item relating to section 7363 the fol- Capitol Police by striking: Affairs of the Senate, and the Committees on lowing: ‘‘8 ...... January 1, 2001, to December 31, Appropriations of the House of Representatives ‘‘SUBCHAPTER VI—MANDATORY RE- 2002. and of the Senate, a report on the use of pay 7.5 ...... After December 31, 2002.’’ comparison data, as described in subsection MOVAL FROM EMPLOYMENT OF LAW (b)(2) or (3) (as appropriate), for purposes of ENFORCEMENT OFFICERS and inserting the following: comparability payments. ‘‘7551. Mandatory removal from employment of ‘‘7.5 ...... After December 31, 2000.’’; (2) The report shall include the cost of obtain- law enforcement officers convicted ing such data, the rationale underlying the de- of felonies.’’. and (10) in the matter relating to a nuclear mate- cisions reached based on such data, and the rel- SEC. 640. (a) CIVIL SERVICE RETIREMENT SYS- rials courier by striking: ative advantages and disadvantages of using TEM.—The table under section 8334(c) of title 5, such data (including whether the effort involved United States Code, is amended— ‘‘8 ...... January 1, 2001 to December 31, in analyzing and integrating such data is com- (1) in the matter relating to an employee by 2002. mensurate with the benefits derived from their striking: 7.5 ...... After December 31, 2002.’’ use). The report may include specific rec- ‘‘7.5 ...... January 1, 2001, to December 31, and inserting the following: ommendations regarding the continued use of 2002. ‘‘7.5 ...... After December 31, 2000.’’. such data. 7 ...... After December 31, 2002.’’ (g)(1) No later than May 1, 2001, the Presi- (b) FEDERAL EMPLOYEES’ RETIREMENT SYS- dent’s pay agent shall prepare and submit to the and inserting the following: TEM.—

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00117 Fmt 0688 Sfmt 6333 E:\BR00\H26JY0.005 H26JY0 July 26, 2000 CONGRESSIONAL RECORD—HOUSE 16541

(1) IN GENERAL.—Section 8422(a) of title 5, ‘‘(3) The applicable percentage under this United States Code, is amended by striking paragraph for civilian service shall be as fol- paragraph (3) and inserting the following: lows:

‘‘Employee ...... 7 ...... January 1, 1987, to December 31, 1998. 7.25 ...... January 1, 1999, to December 31, 1999. 7.4 ...... January 1, 2000, to December 31, 2000. 7 ...... After December 31, 2000. Congressional employee ...... 7.5 ...... January 1, 1987, to December 31, 1998. 7.75 ...... January 1, 1999, to December 31, 1999. 7.9 ...... January 1, 2000, to December 31, 2000. 7.5 ...... After December 31, 2000. Member ...... 7.5 ...... January 1, 1987, to December 31, 1998. 7.75 ...... January 1, 1999, to December 31, 1999. 7.9 ...... January 1, 2000, to December 31, 2000. 7.5 ...... After December 31, 2000. Law enforcement officer, firefighter, member of the Capitol Police, or air traffic 7.5 ...... January 1, 1987, to December 31, 1998. controller. 7.75 ...... January 1, 1999, to December 31, 1999. 7.9 ...... January 1, 2000, to December 31, 2000. 7.5 ...... After December 31, 2000. Nuclear materials courier ...... 7 ...... January 1, 1987, to October 16, 1998. 7.5 ...... October 17, 1998, to December 31, 1998. 7.75 ...... January 1, 1999, to December 31, 1999. 7.9 ...... January 1, 2000, to December 31, 2000. 7.5 ...... After December 31, 2000.’’.

(2) MILITARY SERVICE.—Section 8422(e)(6) of ‘‘After December 31, 2000 ...... 7’’. System shall contribute to the Foreign Service title 5, United States Code, is amended— Retirement and Disability Fund— (A) in subparagraph (A), by inserting ‘‘and’’ (e) FOREIGN SERVICE PENSION SYSTEM.— (1) 7.5 percent of the basic pay of each partici- after the semicolon; (1) IN GENERAL.—Section 856(a)(2) of the For- pant covered under section 805(a)(1) of such Act (B) in subparagraph (B), by striking ‘‘; and’’ eign Service Act of 1980 (22 U.S.C. 4071e(a)(2)) is participating in the Foreign Service Retirement and inserting a period; and amended by striking all that follows ‘‘December and Disability System; and (C) by striking subparagraph (C). 31, 2000.’’ and inserting the following: (2) 8 percent of the basic pay of each partici- (3) VOLUNTEER SERVICE.—Section 8422(f)(4) of ‘‘7.5 ...... After December 31, 2000.’’. pant covered under paragraph (2) or (3) of sec- title 5, United States Code, is amended— tion 805(a) of such Act participating in the For- (A) in subparagraph (A), by inserting ‘‘and’’ (2) VOLUNTEER SERVICE.—Section 854(c)(1) of eign Service Retirement and Disability System; after the semicolon; the Foreign Service Act of 1980 (22 U.S.C. in lieu of the agency contribution otherwise re- (B) in subparagraph (B), by striking ‘‘; and’’ 4071c(c)(1)) is amended— quired under section 805(a) of such Act. and inserting a period; and (A) in the matter before the colon, by striking (i) The amendments made by this section shall (C) by striking subparagraph (C). ‘‘December 31, 2002’’ and inserting ‘‘December take effect upon the close of calendar year 2000, (c) CENTRAL INTELLIGENCE AGENCY RETIRE- 31, 2000’’; and and shall apply thereafter. MENT AND DISABILITY SYSTEM.— (B) in the matter after the colon, by striking SEC. 641. (a) Section 5545b(d) of title 5, United (1) IN GENERAL.—Section 7001(c)(2) of the Bal- all that follows ‘‘December 31, 2000.’’. States Code, is amended by inserting at the end anced Budget Act of 1997 (50 U.S.C. 2021 note) (f) CIVIL SERVICE RETIREMENT SYSTEM.—Not- the following new paragraph: is amended— withstanding section 8334 (a)(1) or (k)(1) of title ‘‘(4) Notwithstanding section 8114(e)(1), over- (A) in the matter before the colon, by striking 5, United States Code, during the period begin- time pay for a firefighter subject to this section ‘‘December 31, 2002’’ and inserting ‘‘December ning on October 1, 2002, through December 31, for hours in a regular tour of duty shall be in- 31, 2000’’; and 2002, each employing agency (other than the cluded in any computation of pay under section (B) in the matter after the colon, by striking United States Postal Service or the Metropolitan 8114.’’. all that follows ‘‘December 31, 2000.’’. Washington Airports Authority) shall con- (b) The amendment in subsection (a) shall be (2) MILITARY SERVICE.—Section 252(h)(1)(A) of tribute— effective as if it had been enacted as part of the the Central Intelligence Agency Retirement Act (1) 7.5 percent of the basic pay of an em- Federal Firefighters Overtime Pay Reform Act of (50 U.S.C. 2082(h)(1)(A)), is amended— ployee; 1998 (112 Stat. 2681–519). (A) in the matter before the colon, by striking (2) 8 percent of the basic pay of a congres- SEC. 642. Section 6323(a) of title 5, United ‘‘December 31, 2002’’ and inserting ‘‘December sional employee, a law enforcement officer, a States Code, is amended by adding at the end 31, 2000’’; and member of the Capitol police, a firefighter, or a the following: (B) in the matter after the colon, by striking nuclear materials courier; and ‘‘(3) The minimum charge for leave under this all that follows ‘‘December 31, 2000.’’. (3) 8.5 percent of the basic pay of a Member of subsection is one hour, and additional charges (d) FOREIGN SERVICE RETIREMENT AND DIS- Congress, a Court of Federal Claims judge, a are in multiples thereof.’’. SEC. 643. Section 616 of the Treasury, Postal ABILITY SYSTEM.— United States magistrate, a judge of the United Service and General Government Appropriations (1) IN GENERAL.—Section 7001(d)(2) of the Bal- States Court of Appeals for the Armed Forces, or Act, 1988, as contained in the Act of December anced Budget Act of 1997 (22 U.S.C. 4045 note) a bankruptcy judge; is amended— 22, 1987 (40 U.S.C. 490b), is amended by adding in lieu of the agency contributions otherwise re- (A) in subparagraph (A)— at the end the following: (i) in the matter before the colon, by striking quired under section 8334(a)(1) of such title 5. ‘‘(e)(1) All existing and newly hired workers (g) CENTRAL INTELLIGENCE AGENCY RETIRE- ‘‘December 31, 2002’’ and inserting ‘‘December in any child care center located in an executive MENT AND DISABILITY SYSTEM.—Notwith- 31, 2000’’; and facility shall undergo a criminal history back- (ii) in the matter after the colon, by striking standing section 211(a)(2) of the Central Intel- ground check as defined in section 231 of the all that follows ‘‘December 31, 2000.’’; and ligence Agency Retirement Act (50 U.S.C. Crime Control Act of 1990 (42 U.S.C. 13041). (B) in subparagraph (B)— 2021(a)(2)), during the period beginning on Oc- ‘‘(2) For purposes of this subsection, the term (i) in the matter before the colon, by striking tober 1, 2002, through December 31, 2002, the ‘executive facility’ means a facility that is ‘‘December 31, 2002’’ and inserting ‘‘December Central Intelligence Agency shall contribute 7.5 owned or leased by an office or entity within the 31, 2000’’; and percent of the basic pay of an employee partici- executive branch of the Government (including (ii) in the matter after the colon, by striking pating in the Central Intelligence Agency Re- one that is owned or leased by the General Serv- all that follows ‘‘December 31, 2000.’’. tirement and Disability System in lieu of the ices Administration on behalf of an office or en- (2) CONFORMING AMENDMENT.—Section agency contribution otherwise required under tity within the judicial branch of the Govern- 805(d)(1) of the Foreign Service Act of 1980 (22 section 211(a)(2) of such Act. ment). U.S.C. 4045(d)(1)) is amended, in the table in the (h) FOREIGN SERVICE RETIREMENT AND DIS- ‘‘(3) Nothing in this subsection shall be con- matter following subparagraph (B), by striking: ABILITY SYSTEM.—Notwithstanding any provi- sidered to apply with respect to a facility owned sion of section 805(a) of the Foreign Service Act by or leased on behalf of an office or entity ‘‘January 1, 2001, through December 31, of 1980 (22 U.S.C. 4045(a)), during the period be- within the legislative branch of the Govern- 2002, inclusive ...... 7.5 ginning on October 1, 2002, through December ment.’’. After December 31, 2002 ...... 7’’ 31, 2002, each agency employing a participant in SEC. 644. (a) PROHIBITION OF FEDERAL AGEN- and inserting the following: the Foreign Service Retirement and Disability CY MONITORING OF PERSONAL INFORMATION ON

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00118 Fmt 0688 Sfmt 6333 E:\BR00\H26JY0.005 H26JY0 16542 CONGRESSIONAL RECORD—HOUSE July 26, 2000

USE OF INTERNET.—None of the funds made The conferees on H.R. 4516 agree with the 8. For any action where funds earmarked available in this Act may be used by any Fed- matter inserted in this division of this con- by either of the Committees for a specific ac- eral agency— ference agreement and the following descrip- tivity are in excess of the project or activity (1) to collect, review, or create any aggregate tion of this matter. requirement, and are proposed to be used for list that includes, personally identifiable infor- H.R. 4871, the House passed Treasury, Post- a different activity, a reprogramming shall mation relating to an individual’s access to or al Service, and General Government Appro- be submitted. use of any Internet site of the agency; or priations Bill, 2001, and S. 2900, the Senate Additionally, each request shall include a (2) to enter into any agreement with a third reported Treasury and General Government declaration that, as of the date of the re- party (including another government agency) to Appropriation Bill, 2001, were the basis for quest, none of the funds included in the re- collect, review, or obtain any aggregate list that development of the introduced bill. The fol- quest have been obligated, and none will be includes, personally identifiable information re- lowing statement is an explanation of the ac- obligated, until the Committees on Appro- lating to an individual’s access to or use of any tion agreed upon in resolving the differences priations have approved the request. nongovernmental Internet site. of those two bills and recommended in the TITLE I—DEPARTMENT OF THE (b) EXCEPTIONS.—The limitations established accompanying conference report. TREASURY in subsection (a) shall not apply to— The conference agreement on the Treasury DEPARTMENTAL OFFICES (1) any record of aggregate data that does not and General Government Appropriations identify particular persons; or Act, 2001, incorporates some of the language SALARIES AND EXPENSES (2) any voluntary submission of personally and allocations set forth in House Report The conferees agree to provide $156,315,000 identifiable information. 106–756 and in the Senate Report to accom- instead of $149,437,000 as proposed by the SEC. 645. (a)(1) Title 5, United States Code, is pany S. 2900. The language in these reports House and $149,610,000 as proposed by the amended by inserting after section 5372a the fol- should be complied with unless specifically Senate. Included in this amount is $7,332,000 lowing: addressed in the accompanying statement of to maintain current levels; $3,813,000 as a ‘‘§ 5372b. Administrative appeals judges managers. Throughout the accompanying ex- transfer from the Department-Wide Systems ‘‘(a) For the purpose of this section— planatory statement, the managers refer to and Capital Investments Programs (SCIP); ‘‘(1) the term ‘administrative appeals judge the Committee and the Committees on Ap- $3,027,000 to annualize the costs of the fiscal position’ means a position the duties of which propriations. Unless otherwise noted, in both year 2000 drug supplemental for the Office of primarily involve reviewing decisions of admin- instances, the managers are referring to the Foreign Asset Control (OFAC); $854,000 to an- istrative law judges appointed under section House Subcommittee on Treasury, Postal nualize the costs of filling 6 positions with 3105; and Service, and General Government and the the Office of International Affairs during fis- ‘‘(2) the term ‘agency’ means an Executive Senate Subcommittee on Treasury and Gen- cal year 2000; $2,899,000 for OFAC program agency, as defined by section 105, but does not eral Government. initiatives; $504,000 and no more than 3 posi- include the General Accounting Office. REPROGRAMMING AND TRANSFER OF tions for increased management and coordi- ‘‘(b) Subject to such regulations as the Office FUNDS GUIDELINES nation by the Office of Enforcement of the of Personnel Management may prescribe, the Department’s involvement in the National The conference agreement includes the fol- head of the agency concerned shall fix the rate Money Laundering Strategy; $2,900,000 for lowing reprogramming guidelines which of basic pay for each administrative appeals grants to state and local law enforcement shall be complied with by all agencies funded judge position within such agency which is not groups to help combat money laundering; by the Treasury and General Government classified above GS–15 pursuant to section 5108. $502,000 for reimbursements to Morris Coun- Appropriations Act, 2001: ‘‘(c) A rate of basic pay fixed under this sec- ty, New Jersey, for law enforcement agen- 1. Except under extraordinary and emer- tion shall be— cies; $150,000 for reimbursements to Arling- gency situations, the Committees on Appro- ‘‘(1) not less than the minimum rate of basic ton County, Virginia, law enforcement agen- priations will not consider requests for a re- pay for level AL–3 under section 5372; and cies; and not to exceed $300,000 to reimburse programming or a transfer of funds, or use of ‘‘(2) not greater than the maximum rate of the State Police, the police departments of unobligated balances, which are submitted basic pay for level AL–3 under section 5372.’’. the towns of New Castle, North Castle, after the close of the third quarter of the fis- (2) Section 7323(b)(2)(B)(ii) of title 5, United Mount Kisco, Bedford, and the Department cal year, June 30; States Code, is amended by striking ‘‘or 5372a’’ of Public Safety of Westchester County of 2. Clearly stated and detailed documenta- and inserting ‘‘5372a, or 5372b’’. the State of New York. (3) The table of sections for chapter 53 of title tion presenting justification for the re- RECEPTION AND REPRESENTATION ALLOWANCES 5, United States Code, is amended by inserting programming, transfer, or use of unobligated after the item relating to section 5372a the fol- balances shall accompany each request; The conferees are concerned to learn that, lowing: 3. For agencies, departments, or offices re- over the past several years, the Office of the ceiving appropriations in excess of Under Secretary of Enforcement has re- ‘‘5372b. Administrative appeals judges.’’. $20,000,000, a reprogramming shall be sub- quired the various Treasury law enforcement (b) The amendment made by subsection (a)(1) mitted if the amount to be shifted to or from bureaus to transfer a portion of their recep- shall apply with respect to pay for service per- any object class, budget activity, program tion and representation funds to the Office of formed on or after the first day of the first ap- line item, or program activity involved is in the Under Secretary. Although there may be plicable pay period beginning on or after— excess of $500,000 or 10 percent, whichever is certain functions appropriate to the involve- (1) the 120th day after the date of the enact- greater, of the object class, budget activity, ment of all the Treasury law enforcement ment of this Act; or program line item, or program activity; bureaus, the conferees remind the Under Sec- (2) if earlier, the effective date of regulations 4. For agencies, departments, or offices re- retary that expenses for these events are ac- prescribed by the Office of Personnel Manage- ceiving appropriations less than $20,000,000, a commodated within the amounts authorized ment to carry out such amendment. reprogramming shall be submitted if the for Departmental Offices reception and rep- SEC. 646. Not later than 60 days after the date amount to be shifted to or from any object resentation allowances. In the event that the of enactment of this Act, the Inspector General class, budget activity, program line item, or Under Secretary believes that Departmental of each department or agency shall submit to program activity involved is in excess of Offices representation allowances are insuffi- Congress a report that discloses any activity of $50,000, or 10 percent, whichever is greater, of cient to meet current needs, the Under Sec- the applicable department or agency relating the object class, budget activity, program retary should submit a justification for in- to— line item, or program activity; creases to this allowance to the Committees (1) the collection or review of singular data, or 5. For any action where the cumulative ef- for its consideration. The conferees also di- the creation of aggregate lists that include per- fect of below threshold reprogramming ac- rect the Under Secretary to submit for ad- sonally identifiable information, about individ- tions, or past reprogramming and/or transfer vance approval any requirement to use re- uals who access any Internet site of the depart- actions added to the request, would exceed ception and representation allowance funds ment or agency; and the dollar threshold mentioned above, a re- from any appropriation account other than (2) entering into agreements with third par- programming shall be submitted; Departmental Offices, Salaries and Expenses. ties, including other government agencies, to 6. For any action which would result in a ALTERNATIVE FUELS collect, review, or obtain aggregate lists or sin- major change to the program or item which The conferees urge the Treasury Depart- gular data containing personally identifiable in- is different than that presented to and ap- ment to use ethanol, biodiesel, and other al- formation relating to any individual’s access or proved by either of the Committees, or the ternative fuels to the maximum extent prac- viewing habits for governmental and nongovern- Congress, a reprogramming shall be sub- ticable in meeting the Department’s fuel mental Internet sites. mitted; This Act may be cited as the ‘‘Treasury and 7. For any action where funds earmarked needs. General Government Appropriations Act, 2001’’. by either of the Committees for a specific ac- DEPARTMENT-WIDE SYSTEMS AND CAPITAL JOINT EXPLANATORY STATEMENT tivity are proposed to be used for a different INVESTMENTS PROGRAMS Following is explanatory language on H.R. activity, a reprogramming shall be sub- The conferees agree to provide $47,287,000 4985, as introduced on July 26, 2000. mitted; and, instead of $41,787,000 as proposed by the

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00119 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.005 H26JY0 July 26, 2000 CONGRESSIONAL RECORD—HOUSE 16543 House and $37,279,000 as proposed by the Sen- House and $202,851,000 as proposed by the port; Pittsburg, New Hampshire; San Anto- ate. Included in this amount is $14,779,000 for Senate. The conferees fully fund the Presi- nio, Texas; and multiple port areas in Ari- communications infrastructure (including dent’s request. In addition, the conferees in- zona, New Mexico, and Florida. radios and related equipment) associated clude $4,000,000 to partially fund a budget OPERATION, MAINTENANCE AND PROCUREMENT with Departmental law enforcement respon- shortfall. The conferees fully concur with AIR AND MARINE INTERDICTION PROGRAMS sibilities for the Salt Lake City Winter the language on this topic contained under Olympics; $2,000,000 for Critical Infrastruc- Departmental Offices in the Senate Report The conferees agree to provide $133,228,000 ture Protection; and $3,500,000 for Public Key accompanying S. 2900. instead of $125,778,000 as proposed by the Infrastructure. House and $128,228,000 as proposed by the BUREAU OF ALCOHOL, TOBACCO AND FIREARMS Senate. Included in this amount is $5,000,000 OFFICE OF INSPECTOR GENERAL SALARIES AND EXPENSES for source zone deployment of P–3’s; SALARIES AND EXPENSES The conferees agree to provide $768,695,000 $2,174,000 to maintain current levels; The conferees agree to provide $32,899,000 instead of $731,325,000 as proposed by the $7,450,000 for flight safety and enhancements; as proposed by the Senate instead of House and $724,937,000 as proposed by the and $9,916,000 for costs associated with the $31,940,000 as proposed by the House. Senate. The conferees fully fund the Presi- delivery of new P–3’s. TREASURY INSPECTOR GENERAL FOR TAX dent’s request with the exception of $5,521,000 AUTOMATION MODERNIZATION ADMINISTRATION for tobacco compliance initiatives and The conferees agree to provide $258,400,000 SALARIES AND EXPENSES $4,148,000 for the proposed Joint Terrorism instead of $233,400,000 as proposed by the Task Forces. The conferees agree to provide $118,427,000 House and $128,400,000 as proposed by the as proposed by Senate instead of $115,477,000 GANG RESISTANCE EDUCATION AND TRAINING Senate. Included in this amount is $5,400,000 as proposed by the House. GRANTS for the International Trade Data System, as well as, not less than $130,000,000 to begin TREASURY BUILDING AND ANNEX REPAIR AND The conferees agree to provide $13,000,000 work on the Automated Commercial Envi- RESTORATION for grants to local law enforcement organiza- tions as proposed by the Senate. ronment (ACE). The conferees agree to provide $31,000,000 BUREAU OF THE PUBLIC DEBT as proposed by the House instead of UNITED STATES CUSTOMS SERVICE $22,700,000 as proposed by the Senate. SALARIES AND EXPENSES ADMINISTERING THE PUBLIC DEBT EXPANDED ACCESS TO FINANCIAL SERVICES The conferees agree to provide $1,863,765,000 The conferees agree to provide $182,901,000 as proposed by the House and Senate. The The conferees agree to provide $2,000,000 as instead of $1,822,365,000 as proposed by the conferees agree to include a provision as pro- proposed by the House instead of $400,000 as House and $1,804,687,000 as proposed by the posed by the Senate with respect to adminis- proposed by the Senate. The conferees agree Senate. Included in this amount is $13,700,000 trative costs associated with certain trust to $300,000 to assist one or more locally- for the second year of funding of the fiscal funds. owned Alaska banking institutions and com- year 2000 Southwest Border initiative; munity partners and $100,000 to begin a pilot $10,000,000 for security enhancements along INTERNAL REVENUE SERVICE program with the Metropolitan Family Serv- the northern border; $11,000,000 for vehicle PROCESSING, ASSISTANCE, AND MANAGEMENT ices’ Family Economic Development pro- replacement; $3,700,000 for money laundering; The conferees agree to provide $3,567,001,000 gram. $9,500,000 for drug investigations; and an ad- instead of $3,487,232,000 as proposed by the FINANCIAL CRIMES ENFORCEMENT NETWORK ditional $5,000,000 to combat forced child House and $3,506,939,000 as proposed by the labor. Additionally, the conferees include SALARIES AND EXPENSES Senate. The conferees fully fund the Presi- $500,000 for Customs’ ongoing research on dent’s request with respect to adjustments The conferees agree to provide $37,576,000 trade of agricultural commodities and prod- required to maintain current levels of serv- as proposed by the Senate instead of ucts at a Northern Plains university with an ice, organizational modernization, and oper- $34,694,000 as proposed by the House. agricultural economics program and support ational contract support. The funding level COUNTERTERRORISM FUND the use of $2,500,000 for the acquisition of also reflects an increase of $60,000,000 above The conferees agree to provide $55,000,000 Passive Radar Detection Technology. the fiscal year 2000 level as a result of an for the Counterterrorism Fund as proposed TARGETED RESOURCES FOR THE SOUTHWEST inter-appropriation transfer during fiscal by the Senate instead of no appropriation as BORDER year 2000. The conferees have not provided proposed by the House. Funds are provided The conferees provide $13,700,000 to be com- any funding for the Staffing Tax Administra- as a contingent emergency. bined with the $11,300,000 in fiscal year 2000 tion for Balance and Equity (STABLE) ini- TREASURY FOREFEITURE FUND Super Surplus of the Treasury Forfeiture tiative, a proposed fiscal year 2001 inter-ap- The conferees are aware that the $42,500,000 Fund to hire new inspectors, agents, or ac- propriation transfer, or the electronic tax assumed to be available by the Administra- quire new detection technology for use along administration marketing initiative. tion in the Super Surplus to the Treasury the Southwest border for a total of IRS DATA FOR ECONOMIC MODELING Forfeiture Fund will not be available in fis- $25,000,000. The House conferees do not con- The conferees are aware of the critical im- cal year 2001. Activities proposed for funding cur with the Senate Report language on Tar- portance and usefulness of IRS data to eco- through this account have been included in geted Resources for the Southwest Border. nomic modeling, such as the modeling used either Salaries and Expenses or Construction PORTS OF ENTRY to project the economic impact of proposed related accounts, as appropriate, for the in- The conferees have received numerous re- Social Security legislation. The conferees di- dividual law enforcement bureaus. quests to establish, expand, or preserve Cus- rect IRS to continue working closely with FEDERAL LAW ENFORCEMENT TRAINING toms presence at various ports, as well as, to the Bureau of the Census to ensure the ap- CENTER designate new ports of entry. Customs has propriate availability of these data in a timely manner to groups such as the Con- SALARIES AND EXPENSES made a commitment to put in place a staff- gressional Budget Office (CBO) to facilitate The conferees agree to provide $94,483,000 ing resource allocation model to permit a more transparent and consistent basis for the operation of CBO’s long-term models of instead of $93,483,000 as proposed by the Social Security and Medicare. CBO requires House and $93,198,000 as proposed by the Sen- making such decisions, but the delay in doing so has caused concern about the abil- records from the IRS’ Statistics Of Income ate. Included in this amount is $1,000,000 for that are matched with survey data from the the rural law enforcement education project. ity of Customs to fulfill its responsibilities. The conferees therefore direct the Treasury Bureau of the Census (involving the Current ACQUISITION, CONSTRUCTION, IMPROVEMENTS, Department and Customs to complete this Population Survey and the Survey of Income AND RELATED EXPENSES model and to report to the Committees on and Program Participation) and records of The conferees agree to provide $29,205,000 Appropriations not later than November 1, the Social Security Administration with all as proposed by the Senate instead of 2000 on its implementation. In relation to record identifiers removed. $17,331,000 as proposed by the House. this, the conferees urge the Customs Service TAX LAW ENFORCEMENT INTERAGENCY LAW ENFORCEMENT to give full consideration to the needs of the The conferees agree to provide $3,382,402,000 INTERAGENCY CRIME AND DRUG ENFORCEMENT following areas for increases or improve- instead of $3,332,676,000 as proposed by the The conferees agree to provide $103,476,000 ments in Customs services: Fargo, North Da- House and $3,378,040,000 as proposed by the as proposed by the House instead of kota; Highgate Springs, Vermont; Charles- Senate. The conferees fully fund the Presi- $90,976,000 as proposed by the Senate. ton, South Carolina; Charleston, West Vir- dent’s request with respect to adjustments ginia; Honolulu, Hawaii; Great Falls, required to maintain current levels of serv- FINANCIAL MANAGEMENT SERVICE Sweetgrass-Coutts, and Missoula, Montana; ice and operational contract support. The SALARIES AND EXPENSES Tri-Cities Regional Airport, Tennessee; Dul- funding level also reflects a decrease of The conferees agree to provide $206,851,000 les International Airport; Louisville Inter- $100,000,000 below the fiscal year 2000 level as instead of $198,736,000 as proposed by the national Airport; Miami International Air- a result of an inter-appropriation transfer

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00120 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.005 H26JY0 16544 CONGRESSIONAL RECORD—HOUSE July 26, 2000 during fiscal year 2000 and a decrease of fer, up to 2 percent, between the Depart- and $658,000 as proposed by the House. The $666,000 for a transfer to the Treasury Inspec- mental Offices, Office of Inspector General, conferees provide $458,000 for the design and tor General for Tax Administration, as re- Treasury Inspector General for Tax Adminis- replacement of the existing concrete race- quested. The conferees have not provided any tration, Financial Management Service, and way containing voice and communication funding for the Staffing Tax Administration Bureau of Public Debt appropriations under lines serving the East Wing and the Execu- for Balance and Equity (STABLE) initiative certain circumstances. tive Residence instead of the full request of or for the Counterterrorism Initiative, nor Section 115. The conferees agree to include $5,000,000. The conferees direct the Executive have they agreed to a proposed transfer of a new provision proposed by the House that Residence to submit a completed design to $41,000,000 out of the account as an inter-ap- authorizes transfer, up to 2 percent, between the Committees on Appropriations, includ- propriation transfer during fiscal year 2001. the Internal Revenue Service and the Treas- ing an estimate of total construction costs INFORMATION SYSTEMS ury Inspector General for Tax Administra- associated with this project. The conferees agree to provide $1,545,090,000 tion under certain circumstances. SPECIAL ASSISTANCE TO THE PRESIDENT AND instead of $1,488,090,000 as proposed by the Section 116. The conferees agree to con- OFFICIAL RESIDENCE OF THE VICE PRESIDENT tinue a provision regarding the purchase of House and $1,505,090,000 as proposed by the SALARIES AND EXPENSES law enforcement vehicles. Senate. The conferees fully fund the Presi- The conferees agree to provide $3,673,000 as dent’s request with the exception of the Section 117. The conferees agree to con- tinue a provision proposed by the House proposed by the Senate instead of $3,664,000 Staffing Tax Administration for Balance and as proposed by the House. Equity (STABLE) initiative and $3,000,000 for which prohibits the Department of the an inter-appropriation transfer proposed for Treasury and the Bureau of Engraving and COUNCIL OF ECONOMIC ADVISORS fiscal year 2001. Printing from redesigning the $1 Federal Re- SALARIES AND EXPENSES serve Note. The conferees agree to provide $4,110,000 as ADMINISTRATIVE PROVISIONS—INTERNAL Section 118. The conferees agree to con- proposed by the Senate instead of $3,997,000 REVENUE SERVICE tinue and make permanent a provision which as proposed by the House. Section 101. The conferees agree to con- authorizes Treasury law enforcement agen- tinue a provision which allows the transfer cies to pay their protection officers premium OFFICE OF POLICY DEVELOPMENT of 5 percent of any appropriation made avail- pay in excess of the pay period limitation. SALARIES AND EXPENSES able to the IRS to any other IRS appropria- Section 119. The conferees agree to include The conferees agree to provide $4,032,000 as tion subject to Congressional approval. a new provision that provides for transfer proposed by the Senate instead of $4,030,000 Section 102. The conferees agree to con- from and reimbursements to the Salaries and as proposed by the House. tinue a provision which requires the IRS to Expenses appropriation of the Financial NATIONAL SECURITY COUNCIL maintain a training program in taxpayers’ Management Service for the purposes of debt rights, dealing courteously with taxpayers, collection. SALARIES AND EXPENSES and cross cultural relations. Section 120. The conferees agree to include The conferees agree to provide $7,165,000 as Section 103. The conferees agree to con- a new provision that extends the Treasury proposed by the Senate instead of $7,148,000 tinue a provision which requires the IRS to Franchise Fund through October 1, 2002. as proposed by the House. institute and enforce policies and practices Section 121. The conferees agree to include OFFICE OF ADMINISTRATION that will safeguard the confidentiality of a new provision that requires that no reorga- SALARIES AND EXPENSES taxpayer information. nization of the U.S. Customs Service shall Section 104. The conferees agree to con- result in a reduction of service to the area The conferees agree to provide $43,737,000 tinue a provision proposed by the Senate served by the Port of Racine, Wisconsin, as proposed by the Senate instead of with respect to the IRS 1–800 help line serv- below the level of service provided in fiscal $41,185,000 as proposed by the House. The con- ice. year 2000. ferees agree to delete language proposed by UNITED STATES SECRET SERVICE Section 122. The conferees agree to include the House to delay the effective date of sec- SALARIES AND EXPENSES a new provision proposed by the House au- tion 638(h) of Public Law 106–58, regarding the establishment of a Chief Financial Offi- The conferees agree to provide $823,800,000 thorizing and directing the Bureau of Alco- cer within the Executive Office of the Presi- as proposed by the House instead of hol, Tobacco and Firearms to reimburse the dent. $778,279,000 as proposed by the Senate. subcontractor that provided services in 1993 and 1994 pursuant to Bureau of Alcohol, To- OFFICE OF MANAGEMENT AND BUDGET ACQUISITION, CONSTRUCTION, IMPROVEMENT, bacco and Firearms contract number TATF AND RELATED EXPENSES SALARIES AND EXPENSES 93–3 out of fiscal year 2001 appropriations or The conferees agree to provide $68,786,000 The conferees agree to provide $8,941,000 in- prior year unobligated balances. stead of $5,021,000 as proposed by the House instead of $67,143,000 as proposed by the TITLE II—POSTAL SERVICE and $4,283,000 as proposed by the Senate. In- House and $67,935,000 as proposed by the Sen- cluded in this amount $3,920,000 for security PAYMENT TO THE POSTAL SERVICE FUND ate. The conferees fully fund the President’s enhancements at the Vice President’s resi- The conferees agree to provide $96,093,000 request. dence. as proposed by the House instead of APPORTIONMENT FOR INTERNATIONAL FOOD GENERAL PROVISIONS—DEPARTMENT OF THE $67,093,000 as proposed by the Senate. Of this ASSISTANCE PROGRAMS TREASURY amount, $67,093,000 is provided as an advance The conferees do not concur with the Section 110. The conferees agree to con- appropriation for free and reduced rate mail House report language regarding apportion- tinue a provision which requires the Sec- and $29,000,000 is provided for reimbursement ment for International Food Assistance Pro- retary of the Treasury to comply with cer- to the Postal Service for prior year losses. grams. tain reprogramming guidelines when obli- TITLE III—EXECUTIVE OFFICE OF THE OFFICE OF NATIONAL DRUG CONTROL POLICY PRESIDENT AND FUNDS APPRO- gating or expending funds for law enforce- SALARIES AND EXPENSES ment activities. PRIATED TO THE PRESIDENT The conferees agree to provide $24,759,000 Section 111. The conferees agree to con- COMPENSATION OF THE PRESIDENT AND THE as proposed by the House instead of tinue a provision which allows the Depart- WHITE HOUSE OFFICE ment of the Treasury to purchase uniforms, $24,312,000 as proposed by the Senate. SALARIES AND EXPENSES insurance, and motor vehicles without re- COUNTERDRUG TECHNOLOGY ASSESSMENT gard to the general purchase price limita- The conferees agree to provide $53,288,000 CENTER as proposed by the Senate instead of tion, and enter into contracts with the De- The conferees agree to provide $29,053,000 $52,135,000 as proposed by the House and in- partment of State for health and medical instead of $29,750,000 as proposed by the clude a proviso that $9,072,000 of the funds services for Treasury employees in overseas House and $29,052,000 as proposed by the Sen- appropriated shall be available for reim- locations. ate. Section 112. The conferees agree to con- bursements to the White House Communica- FEDERAL DRUG CONTROL PROGRAMS tinue a provision which requires the expendi- tions Agency, as proposed by the House. ture of funds so as not to diminish efforts EXECUTIVE RESIDENCE AT THE WHITE HOUSE HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM under section 105 of the Federal Alcohol Ad- OPERATING EXPENSES The conferees agree to provide $206,500,000 ministration Act. The conferees agree to provide $10,900,000 Section 113. The conferees agree to con- instead of $217,000,000 as proposed by the as proposed by the Senate instead of tinue a provision which authorizes transfers, House and $196,000,000 as proposed by the $10,286,470 as proposed by the House. up to 2 percent, between law enforcement ap- Senate. The conferees fully fund the Admin- propriations under certain circumstances. WHITE HOUSE REPAIR AND RESTORATION istration’s request, and include an additional Section 114. The conferees agree to con- The conferees agree to provide $968,000 in- $14,500,000 to increase funding or expand ex- tinue a provision which authorizes the trans- stead of $5,510,000 as proposed by the Senate isting HIDTAs, or to fund newly designated

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00121 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.005 H26JY0 July 26, 2000 CONGRESSIONAL RECORD—HOUSE 16545 HIDTAs. The conferees provide that existing those guidelines, the conferees direct that lowing exceptions: no funds are provided for HIDTAs shall be funded at fiscal year 2000 ONDCP not issue credits for ad time and/or the chlorofluorocarbon program, the energy levels unless the ONDCP Director submits to space if already purchased with funds appro- program is funded at $5,000,000, and the glass the Committees, and the Committees ap- priated for the campaign. Furthermore, the fragment retention program is funded at prove, justification for changes in those lev- conferees direct that ONDCP not issue any $5,000,000. els based on clearly articulated priorities for credits for programming content once a pro- BUILDING OPERATIONS the HIDTA program, as well as published gram is in syndication unless it has pre- The conferees agree to provide $1,624,771,000 ONDCP performance measures of effective- viously reported to the Committees on Ap- as proposed by the Senate instead of ness (PMEs). Similarly, while the conferees propriations reasons why such credit is nec- $1,580,909,000 as proposed by the House. With- provide additional funding that may be used essary. Finally, the conferees underscore the in this limitation level, the conferees have for newly designated HIDTAs, they direct language on page 11 of the guidelines that included $500,000 to conduct a site selection that no funds may be obligated for such pur- reads ‘‘ONDCP exercises its authority to re- analysis for a replacement facility for the poses until similar justification is provided view public service match materials for cred- National Center for Environmental Pre- to the Committees for approval. it and valuation through its primary adver- diction of the National Oceanic and Atmos- The ability to evaluate effectiveness of in- tising contractor. No ONDCP contractor pheric Administration, currently located in dividual HIDTAs, and to match funding may make suggestions or requests about, or Camp Springs, Maryland. The delineated needs against budgets, depends on reliable otherwise attempt to influence or modify the area shall be in the Washington, D.C. Metro- and consistent methodology for performance creative product of any media organization politan area and include the consideration of measurement and management. This is par- or representative for the purpose of quali- appropriate educational institutions quali- ticularly important given the key role fying for pro bono match credit.’’ In keeping fied to be project partners. A report on the HIDTAs play in bringing together many di- with this the conferees direct ONDCP to en- findings of the study shall be provided to the vergent counterdrug agencies and cross- sure that neither it nor its contractor will conferees within 120 days of the enactment of cutting programs—which also exacerbates review programming content under consider- this Act. the problem of isolating the impact of ation for pro bono credit under the match POLICY AND OPERATIONS HIDTAs. The conferees anticipate that the program until such programming is in its The conferees agree to provide $123,920,000 completion of work by the HIDTA Perform- final form. instead of $123,420,000 as proposed by the Sen- ance Management Working Group will im- TITLE IV—INDEPENDENT AGENCIES ate and $115,434,000 as proposed by the House. prove performance measurement method- Increases above the enacted level include FEDERAL ELECTION COMMISSION ology and data collection covering the three $3,285,000 for pay costs to maintain current main target areas identified in 1999. These SALARIES AND EXPENSES levels, $2,075,000 for protection and mainte- are: increasing compliance with HIDTA de- The conferees agree to provide $40,500,000 nance at the Lorton complex in Virginia, and velopmental standards; dismantling or dis- instead of $40,240,000 as proposed by the $8,000,000 for the critical infrastructure pro- abling at least 5 percent of targeted drug House and $39,755,000 as proposed by the Sen- tection initiative. The conferees agree to trafficking organizations; and reducing spe- ate. provide up to $500,000 for virtual archive cific types of violent crime. The conferees GENERAL SERVICES ADMINISTRATION storage. And agree to provide $190,000, from within available funds, for the Plains States support ONDCP plans to validate and verify FEDERAL BUILDINGS FUND the HIDTA management, including the use Depopulation Symposium as proposed by the LIMITATIONS ON AVAILABILITY OF REVENUE of on-site reviews and external financial Senate. The conferees do not agree to the re- evaluations. The conferees agree to provide $5,971,509,000 duction of funding from the fiscal year 2000 As ONDCP reviews candidates for new in new obligational authority instead of level for the digital learning technology ef- HIDTA funding, the conferees direct it to $5,272,370,000 as proposed by the House and fort and direct that $1,000,000 be used to con- consider the following: Las Vegas, NV; Ar- $5,502,333,000 as proposed by the Senate. The tinue a digital medical education project in kansas, Minnesota, North Carolina, and conferees directly appropriate $464,154,000 connection with the Native American Digital Northern Florida, which have requested des- into the Fund to cover a portion of the new Telehealth Project and Upper Great Plains ignation; increases for Central Florida, obligational needs of the Fund. Native American Telehealth Program and Southwest Border (for New Mexico, South AFRICAN BURIAL GROUND that $1,000,000 be used to continue activities Texas, West Texas, and Arizona), New Eng- The conferees recognize the efforts of GSA that will be the basis for the 21st Century land, Gulf Coast, Oregon, Northwest (includ- to memorialize the 17th and 18th century Af- Distributed Learning Environment in Edu- ing southwest and eastern Washington), and rican Americans whose remains were discov- cation. Chicago HIDTAs; and full minimum funding ered during the excavation for a new federal ALTERNATIVE FUELS for new HIDTAs in Central Valley, Cali- building at Foley Square in lower Manhat- The conferees urge the General Services fornia, Hawaii, and Ohio. The conferees urge tan. Since 1992, significant work has been Administration to use ethanol, biodiesel, and ONDCP to consider using funds provided conducted on the memorialization but addi- other alternative fuels to the maximum ex- above the budget request for designating new tional work is required prior to and includ- tent practicable in meeting GSA’s fuel needs. HIDTAs from areas which have already sub- ing the reinterment of the remains. The con- EXPENSES, PRESIDENTIAL TRANSITION mitted requests. ferees expect GSA to complete the project The conferees agree to provide $7,100,000, as SPECIAL FORFEITURE FUND using funds made available from the Federal proposed by the Senate instead of no appro- The conferees agree to provide $233,600,000 Buildings Fund or from the borrowing au- priation as proposed by the House. instead of $219,000,000 as proposed by the thority remaining for the buildings project GENERAL SERVICES ADMINISTRATION— House and $144,300,000 as proposed by the at Foley Square. GENERAL PROVISIONS Senate. Of this amount, the conferees pro- CONSTRUCTION AND ACQUISITION Section 401. The conferees agree to con- vide $185,000,000 for the National Youth Anti- The conferees agree to provide $472,176,000 tinue a provision that provides that accounts Drug Media Campaign; $40,000,000 to carry instead of no funding as proposed by the available to GSA shall be credited with cer- out the Drug-Free Communities Act; House and $3,000,000 as proposed by the Sen- tain funds received from government cor- $3,000,000 for the costs of space and oper- ate. These funds are provided for nine porations. ations of the counter drug intelligence exec- projects. The conferees direct GSA to pro- Section 402. The conferees agree to con- utive secretariat (CDX); $3,300,000 for anti- vide a written report to the Committees on tinue a provision that provides that funds doping efforts of the United States Olympic Appropriations with respect to how GSA available to GSA shall be available for the Committee; $1,300,000 to the Metro Intel- plans to allocate these funds among the var- hire of passenger motor vehicles. ligence Support and Technical Investigative ious projects prior to allocating the funds. Section 403. The conferees agree to con- Center (MISTIC); and $1,000,000 for the Na- Within the funds provided the conferees have tinue a provision that authorizes GSA to tional Drug Court Institute. included $3,500,000 for the design and site ac- transfer funds within the Federal Buildings Fund to meet program requirements subject NATIONAL YOUTH ANTI-DRUG MEDIA quisition of a combined law enforcement fa- to approval by the Committees on Appro- CAMPAIGN cility in Saint Petersburg, Florida. The conferees also agree to provide priations. The conferees negate neither the House nor Section 404. The conferees agree to con- $276,400,000 as an advance appropriation, not Senate Committee Report language regard- tinue a provision that prohibits the use of available until October 1, 2001, for four court- ing the youth media campaign. The con- funds to submit a fiscal year 2001 budget re- house construction projects. ferees are concerned with ONDCP’s use of quest for courthouse construction projects pro bono credits under the match program REPAIRS AND ALTERATIONS that do not meet design guide criteria, do for programming content, and note with in- The conferees agree to provide $671,193,000 not reflect the priorities of the Judicial Con- terest the Statement of Pro-Bono Match as proposed by the Senate instead of ference of the United States, and are not ac- Program and Guidelines that ONDCP posted $490,592,000 as proposed by the House. This companied by a standardized courtroom uti- on its website in July 2000. Consistent with level fully funds the request with the fol- lization study.

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00122 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.005 H26JY0 16546 CONGRESSIONAL RECORD—HOUSE July 26, 2000 Section 405. The conferees agree to con- services for the Nazi War Criminal Records Section 504. The conferees agree to con- tinue a provision that provides that no funds Interagency Working Group. tinue the provision prohibiting the transfer may be used to increase the amount of occu- REPAIRS AND RESTORATION of control over the Federal Law Enforcement piable square feet or provide cleaning serv- The conferees agree to provide $95,150,000 Training Center out of the Department of ices, security enhancements, or any other instead of $5,650,000 as proposed by the House the Treasury. Section 505. The conferees agree to con- service usually provided to any agency which and $4,950,000 as proposed by the Senate. This tinue the provision concerning employment does not pay the requested rental rates. level of funding provides $4,950,000 for the rights of Federal employees who return to Section 406. The conferees agree to con- base repairs and restoration program, their civilian jobs after assignment with the tinue a provision that provides that funds $88,000,000 for the major repair and restora- Armed Forces. provided by the Information Technology tion project at the main Archives building, Fund for pilot information technology Section 506. The conferees agree to con- $1,500,000 for the construction of a new tinue the provision that requires compliance projects may be repaid to the Fund. Southeast Regional Archives facility, and Section 407. The conferees agree to con- with the Buy American Act. $700,000 for the design of a 10,000-square-foot tinue a provision that permits GSA to pay Section 507. The conferees agree to con- extension to the Gerald R. Ford museum. claims of up to $250,000 arising from con- tinue the provision concerning prohibition of struction projects and the acquisition of NATIONAL HISTORICAL PUBLICATIONS AND contracts that use certain goods not made in buildings. RECORDS COMMISSION America. Section 408. The conferees agree to include GRANTS PROGRAM Section 508. The conferees agree to con- a provision as proposed by the House to pro- The conferees agree to provide $6,450,000 as tinue the provision prohibiting contract eli- vide a one-year extension to the period for proposed by the Senate instead of $6,000,000 gibility where fraudulent intent has been which voluntary separation incentive pay- as proposed by the House. proven in affixing ‘‘Made in America’’ labels. Section 509. The conferees agree to con- ments may be offered by the Administrator OFFICE OF PERSONNEL MANAGEMENT of the General Services to qualified employ- tinue the provision prohibiting the expendi- ees. SALARIES AND EXPENSES ture of funds for abortions under the FEHBP, Section 409. The conferees agree to include The conferees agree to provide $94,095,000 as proposed by the House. Section 510. The conferees agree to con- a new provision proposed by the Senate des- as proposed by the Senate instead of tinue the provision that would authorize the ignating the Federal Building and United $93,471,000 as proposed by the House. expenditure of funds for abortions under the States Courthouse located at 102 North 4th PARENTAL LEAVE FEHBP if the life of the mother is in danger Street in Grand Forks, North Dakota, as the The conferees direct the Office of Per- or the pregnancy is a result of an act of rape ‘‘Ronald N. Davies Federal Building and sonnel Management to conduct a study to or incest, as proposed by the House. United States Courthouse’’. develop alternative means for providing Fed- Section 511. The conferees agree to con- Section 410. The conferees agree to include eral employees with at least 6 weeks of paid tinue the provision providing that fifty per- a new provision proposed by the Senate re- parental leave in connection with the birth cent of unobligated balances may remain garding the Columbus, New Mexico border or adoption of a child, and submit a report available for certain purposes. station. containing its findings and recommendations Section 512. The conferees agree to con- Section 411. The conferees agree to include to the Committees on Appropriations by tinue the provision restricting the use of a new provision proposed by the Senate des- September 30, 2001. The report should include funds for the White House to request official ignating the United States Bankruptcy projected utilization rates and views as to background reports without the written con- Courthouse located at 1100 Laurel Street in whether this benefit can be expected to cur- sent of the individual who is the subject of Columbia, South Carolina, as the ‘‘J. tail the rate at which Federal employees are the report. Bratton Davis United States Bankruptcy being lost to the private sector, help the Section 513. The conferees agree to con- Courthouse’’. Federal government recruit and retain em- tinue the provision that cost accounting Section 412. The conferees agree to include ployees, reduce turnover and replacement standards under the Federal Procurement a new provision proposed by the Senate des- costs, and contribute to parental involve- Policy Act shall not apply to the FEHBP. ignating the United States Courthouse ment during a child’s formative years. Section 514. The conferees agree to include Annex located at 901 19th Street in Denver, LIMITATION ON ADMINISTRATIVE EXPENSES a new provision that transfers a parcel of Colorado, as the ‘‘Alfred A. Arraj United land from the Gerald R. Ford Library and The conferees agree to provide $101,986,000 States Courthouse Annex’’. Museum to the Gerald R. Ford Foundation as as proposed by the House instead of Section 413. The conferees agree to include trustee, with reversionary interest as pro- $99,624,000 as proposed by the Senate. a new provision proposed by the Senate des- posed by the House. ignating the dormitory building currently OFFICE OF INSPECTOR GENERAL Section 515. The conferees include a new being constructed on the Core Campus of the SALARIES AND EXPENSES provision requiring OMB to develop guide- Federal Law Enforcement Training Center in The conferees agree to provide $1,360,000 as lines for ensuring and maximizing the qual- Glynco, Georgia, as the ‘‘Paul Coverdell Dor- proposed by the House instead of $1,356,000 as ity, objectivity, utility, and integrity of in- mitory’’. proposed by the Senate. formation disseminated by federal agencies MERIT SYSTEMS PROTECTION BOARD as proposed by the House. OFFICE OF SPECIAL COUNSEL Section 516. The conferees agree to include SALARIES AND EXPENSES SALARIES AND EXPENSES a new provision permitting OPM to utilize The conferees agree to provide $29,437,000 The conferees agree to provide $11,147,000 certain funds to resolve litigation and imple- as proposed by the Senate instead of instead of $10,319,000 as proposed by the ment settlement agreements regarding the $28,857,000 as proposed by the House. House and $10,733,000 as proposed by the Sen- non-foreign area cost-of-living allowance FEDERAL PAYMENT TO THE MORRIS K. UDALL ate. The conferees fully fund the President’s program as proposed by the Senate. SCHOLARSHIP AND EXCELLENCE IN NATIONAL request. Section 517. The conferees include and NVIRONMENTAL OLICY OUNDATION E P F UNITED STATES TAX COURT modify a provision prohibiting the use of funds for the purpose of implementation, or The conferees agree to provide $2,000,000 as SALARIES AND EXPENSES proposed by the House instead of $1,000,000 as in preparation for implementation, of the The conferees agree to provide $37,305,000 proposed by the Senate. Kyoto Protocol as proposed by the House. as proposed by the House instead of Section 518. The conferees agree to include ENVIRONMENTAL DISPUTE RESOLUTION FUND $35,474,000 as proposed by the Senate. a new provision requiring OMB to report to The conferees agree to provide $1,250,000 as TITLE V—GENERAL PROVISIONS Congress on the effectiveness of the Paper- proposed by the House instead of $500,000 as THIS ACT work Reduction Act of 1975 as proposed by proposed by the Senate. the Senate. Section 501. The conferees agree to con- NATIONAL ARCHIVES AND RECORDS tinue the provision limiting the expenditure TITLE VI—GENERAL PROVISIONS ADMINISTRATION of funds to the current year unless expressly DEPARTMENTS, AGENCIES AND CORPORATIONS OPERATING EXPENSES provided in this Act. Section 601. The conferees agree to con- The conferees agree to provide $209,393,000 Section 502. The conferees agree to con- tinue the provision authorizing agencies to as proposed by the Senate instead of tinue the provision limiting the expenditure pay costs of travel to the United States for $195,119,000 as proposed by the House, of of funds for consulting services under certain the immediate families of Federal employees which up to $5,000,000 may be used for the im- conditions. assigned to foreign duty in the event of a plementation of the Nazi War Crimes Disclo- Section 503. The conferees agree to con- death or a life threatening illness of the em- sure Act (5 U.S.C. 552 note; Public Law 105– tinue the provision prohibiting the use of ployee. 246), including preservation and restoration funds to engage in activities that would pro- Section 602. The conferees agree to con- of declassified records, public access and dis- hibit the enforcement of section 307 of the tinue the provision requiring agencies to ad- semination activities, and necessary support 1930 Tariff Act. minister a policy designed to ensure that all

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00123 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.005 H26JY0 July 26, 2000 CONGRESSIONAL RECORD—HOUSE 16547 of its workplaces are free from the illegal Section 621. The conferees agree to con- Section 637. The conferees agree to include use of controlled substances. tinue the provision prohibiting Federal a new provision authorizing the President’s Section 603. The conferees agree to con- training not directly related to the perform- Pay Agent to use appropriate data from tinue the provision regarding price limita- ance of official duties. sources other than the Bureau of Labor Sta- tions on vehicles to be purchased by the Fed- Section 622. The conferees agree to con- tistics in making new locality pay designa- eral Government. tinue and modify the provision prohibiting tions as proposed by the House. Section 604. The conferees agree to con- the expenditure of funds for implementation Section 638. The conferees agree to con- tinue the provision allowing funds made of agreements in nondisclosure policies un- tinue the provision requiring identification available to agencies for travel to also be less certain provisions are included. of the Federal agencies providing Federal used for quarters allowances and cost-of-liv- Section 623. The conferees agree to con- funds and the amount provided for all pro- ing allowances. tinue the provision prohibiting use of appro- posals, solicitations, grant applications, Section 605. The conferees agree to con- priated funds for publicity or propaganda de- forms, notifications, press releases, or other tinue the provision prohibiting the Govern- signed to support or defeat legislation pend- publications related to the distribution of ment, with certain specified exceptions, from ing in Congress. funding to a State. employing non-U.S. citizens whose posts of Section 624. The conferees agree to con- Section 639. The conferees agree to include duty would be in the continental U.S. tinue and make permanent the provision di- a new provision requiring the mandatory re- Section 606. The conferees agree to con- recting OMB to provide an accounting state- moval from employment of any law enforce- tinue the provision ensuring that agencies ment and report on the cumulative costs and ment officer convicted of a felony as pro- will have authority to pay GSA bills for benefits of Federal regulatory programs. posed by the Senate. space renovation and other services. Section 625. The conferees agree to con- Section 640. The conferees agree to include Section 607. The conferees agree to con- tinue the provision prohibiting any Federal a new provision to restore the federal em- tinue the provision allowing agencies to fi- agency from disclosing an employee’s home ployee retirement contribution share to pre– nance the costs of recycling and waste pre- address to any labor organization, absent 1999 levels. Section 641. The conferees agree to include vention programs with proceeds from the employee authorization or court order. a new provision making a modification to sale of materials recovered through such pro- Section 626. The conferees agree to con- the calculation of disability pay for federal grams. tinue and make permanent the provision au- firefighters as proposed by the House. Section 608. The conferees agree to con- thorizing the Secretary of the Treasury to Section 642. The conferees agree to include tinue the provision providing that funds may establish scientific canine explosive detec- a new provision that includes a technical be used by certain groups to pay rent and tion standards. modification to the basis for using inactive other service costs in the District of Colum- Section 627. The conferees agree to con- duty military leave as proposed by the bia. tinue the provision prohibiting funds to be House. Section 609. The conferees agree to con- used to provide non-public information such Section 643. The conferees agree to include tinue the provision providing that no funds as mailing or telephone lists to any person a new provision that requires criminal back- may be used to pay any person filling a nom- or organization outside the Government ground checks for employees at federally inated position that has been rejected by the without the approval of the Committees on provided day care facilities of the executive Senate. Appropriations. branch as proposed by the House. Section 610. The conferees agree to con- Section 628. The conferees agree to con- Section 644. The conferees include a new tinue the provision precluding the financing tinue the provision prohibiting the use of provision prohibiting the use of funds in this of groups by more than one Federal agency funds for propaganda and publicity purposes Act by any federal agency to use federal absent prior and specific statutory approval. not authorized by Congress. Internet sites to collect or review personally Section 611. The conferees agree to con- Section 629. The conferees agree to con- identifiable information, or to create aggre- tinue the provision authorizing the Postal tinue the provision directing agency employ- gate lists that include personally identifi- Service to employ guards and give them the ees to use official time in an honest effort to able information, about individuals who ac- same special police powers as GSA guards as perform official duties. cess federal Internet sites. The conferees are proposed by the Senate. Section 630. The conferees agree to con- concerned with federal agencies improper Section 612. The conferees agree to con- tinue, and include technical modifications to use of certain computer technologies, such tinue the provision prohibiting the use of the provision addressing contraceptive cov- as ‘‘cookies’’, and do not want this use to funds for enforcing regulations disapproved erage in health plans participating in the continue until the appropriate Congressional in accordance with the applicable law of the FEHBP, making it identical to current law committees establish a government-wide, U.S. as enacted by Section 625 of the Departments consistent policy, under the force of law, Section 613. The conferees agree to con- of Commerce, Justice and State, the Judici- that provides the necessary protections tinue the provision limiting the pay in- ary, and Related Agencies Appropriations against the unintentional and involuntary creases of certain prevailing rate employees. Act of 2000 and deleting the names of two collection of personal information. This pro- Section 614. The conferees agree to con- plans that no longer participate in the pro- vision exempts the voluntary submission of tinue the provision limiting the amount of gram. personally identifiable information via fed- funds that can be used for redecoration of of- Section 631. The conferees agree to con- eral Internet sites. fices under certain circumstances. tinue the provision authorizing the use of Section 645. The conferees agree to include Section 615. The conferees agree to con- fiscal year 2001 funds to finance an appro- a new provision that makes pay rates for Ad- tinue the provision prohibiting the expendi- priate share of the Joint Financial Manage- ministrative Appeals Judges comparable to ture of funds for the acquisition of additional ment Improvement Program. Administrative Law Judges as proposed by law enforcement training facilities. Section 632. The conferees agree to con- the House. Section 616. The conferees agree to con- tinue and modify the provision authorizing Section 646. Conferees agree to include a tinue the provision to allow for interagency agencies to transfer funds to the Policy and new provision that requires the Inspector funding of national security and emergency Operations account of GSA to finance an ap- General of each department or agency to telecommunications initiatives. propriate share of the Joint Financial Man- submit to Congress a report that discloses Section 617. The conferees agree to con- agement Improvement Program. any activity relating to the collection of tinue the provision requiring agencies to cer- Section 633. The conferees agree to con- data about individuals who access any Inter- tify that a Schedule C appointment was not tinue and modify the provision authorizing net site of the department or agency. created solely or primarily to detail the em- agencies to provide child care in federal fa- CONFERENCE TOTAL—WITH ployee to the White House. cilities. COMPARISONS Section 618. The conferees agree to con- Section 634. The conferees agree to con- The total new budget (obligational) au- tinue the provision requiring agencies to ad- tinue and modify the provision authorizing thority for the fiscal year 2001 recommended minister a policy designed to ensure that all breast feeding at any location in a Federal by the Committee of Conference, with com- of its workplaces are free from discrimina- building or on Federal property. parisons to the fiscal year 2000 amount, the tion and sexual harassment. Section 635. The conferees agree to include 2001 budget estimates, and the House and Section 619. The conferees agree to con- a new provision that permits interagency Senate bills for 2001 follows: tinue the provision prohibiting the importa- funding of the National Science and Tech- tion of any goods manufactured by forced or nology Council as proposed by the House. (In thousands of dollars) indentured child labor. Section 636. The conferees agree to include New budget (obligational) Section 620. The conferees agree to con- a new provision concerning retirement provi- authority, fiscal year tinue the provision prohibiting the payment sions relating to certain members of the po- 2000 ...... $28,069,062 of the salary of any employee who prohibits, lice force of the Metropolitan Washington Budget estimates of new threatens or prevents another employee from Airports Authority as proposed by the (obligational) authority, communicating with Congress. House. fiscal year 2001 ...... 31,756,826

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00124 Fmt 0688 Sfmt 0655 E:\BR00\H26JY0.005 H26JY0 16548 CONGRESSIONAL RECORD—HOUSE July 26, 2000 House bill, fiscal year 2001 29,102,263 REPORT ON RESOLUTION WAIVING requested, a bill of the House of the fol- Senate bill, fiscal year 2001 29,433,584 POINTS OF ORDER AGAINST CON- lowing title: Conference agreement, fis- FERENCE REPORT ON H.R. 4516, H.R. 3519. An act to provide for negotia- cal year 2001 ...... 30,371,528 LEGISLATIVE BRANCH APPRO- tions for the creation of a trust fund to be Conference agreement administered by the International Bank for compared with: PRIATIONS ACT, 2001 Reconstruction and Development or the New budget Mr. DIAZ-BALART, from the Com- International Development Association to (obligational) author- mittee on Rules, submitted a privi- combat the AIDS epidemic. ity, fiscal year 2000 ...... +2,302,466 leged report (Rept. No. 106–797) on the The message also announced that the Budget estimates of new resolution (H. Res. 565) waiving points (obligational) author- Senate agrees to the amendments of ity, fiscal year 2001 ...... ¥1,385,298 of order against the conference report the House to the amendment of the House bill, fiscal year to accompany the bill (H.R. 4516) mak- Senate to the bill (H.R. 1167) ‘‘An Act 2001 ...... +1,269,265 ing appropriations for the Legislative to amend the Indian Self-Determina- Senate bill, fiscal year Branch for the fiscal year ending Sep- tion and Education Assistance Act to 2001 ...... +937,944 tember 30, 2001, and for other purposes, Amendment No. 2: Deletes the matter provide for further self-goverance by which was referred to the House Cal- Indian tribes, and for other purposes.’’ stricken and deletes the matter inserted and endar and ordered to be printed. deletes certain House matter not stricken by The message also announced that the the Senate. The disposition of this amend- f Senate has passed bills of the following ment is purely technical so that the entire titles in which the concurrence of the REPORT ON RESOLUTION PRO- text of the conference agreement could be in- House is requested: cluded in amendment numbered 1. The de- VIDING FOR CONSIDERATION OF S. 1586. An act to reduce the fractionated scription of the resolution of the differences H.R. 4678, CHILD SUPPORT DIS- ownership of Indian lands, and for other pur- in this amendment can be found in the joint TRIBUTION ACT OF 2000 poses. statement of the managers under amend- Ms. PRYCE of Ohio, from the Com- S. 2516. An act to fund task forces to locate ment numbered 1. and apprehend fugitives in Federal, State, Amendment No. 3: Deletes the matter mittee on Rules, submitted a privi- and local felony criminal cases and give ad- stricken and deletes the matter inserted and leged report (Rept. No. 106–798) on the ministrative subpoena authority to the deletes certain House matter not stricken by resolution (H. Res. 566) providing for United States Marshals Service. the Senate. The disposition of this amend- consideration of the bill (H.R. 4678) to ment is purely technical so that the entire provide more child support money to f text of the conference agreement could be in- families leaving welfare, to simplify cluded in amendment numbered 1. The de- the rules governing the assignment and SPECIAL ORDERS GRANTED scription of the resolution of the differences distribution of child support collected in this amendment can be found in the joint By unanimous consent, permission to statement of the managers under amend- by States on behalf of children, to im- address the House, following the legis- ment numbered 1. prove the collection of child support, to lative program and any special orders Amendment No. 4: Deletes the matter in- promote marriage, and for other pur- heretofore entered, was granted to: serted. The disposition of this amendment is poses, which was referred to the House (The following Members (at the re- purely technical so that the entire text of Calendar and ordered to be printed. quest of Mr. TAYLOR of Mississippi) to the conference agreement could be included revise and extend their remarks and in- in amendment numbered 1. The description f of the resolution of the differences in this clude extraneous material:) REPORT ON RESOLUTION PRO- Mr. CUMMINGS, for 5 minutes, today. amendment can be found in the joint state- VIDING FOR CONSIDERATION OF ment of the managers under amendment Mr. MINGE, for 5 minutes, today. numbered 1. A CONCURRENT RESOLUTION Mr. STRICKLAND, for 5 minutes, CHARLES H. TAYLOR, FOR THE ADJOURNMENT OF THE today. ZACH WAMP, HOUSE AND SENATE FOR THE Ms. STABENOW, for 5 minutes, today. JERRY LEWIS, SUMMER DISTRICT WORK PE- Mr. OBERSTAR, for 5 minutes, today. KAY GRANGER, RIOD (The following Members (at the re- JOHN E. PETERSON, ITTER C.W. BILL YOUNG, Mr. DIAZ-BALART, from the Com- quest of Mr. V ) to revise and ex- Managers on the Part of the House. mittee on Rules, submitted a privi- tend their remarks and include extra- ROBERT F. BENNETT, leged report (Rept. No. 106–799) on the neous material:) TED STEVENS, resolution (H. Res. 567) providing for Mr. DUNCAN, for 5 minutes, today. LARRY CRAIG, consideration of a concurrent resolu- Mr. GOSS, for 5 minutes, today. THAD COCHRAN, tion providing for adjournment of the Mrs. MORELLA, for 5 minutes, today Managers on the Part of the Senate. House and Senate for the summer dis- and July 27. trict work period, which was referred Mr. METCALF, for 5 minutes, today. f to the House Calendar and ordered to Mr. PETERSON of Pennsylvania, for 5 be printed. minutes, today. RECESS f Mr. WALDEN of Oregon, for 5 minutes, The SPEAKER pro tempore. Pursu- today. ant to clause 12 of rule I, the Chair de- MESSAGE FROM THE SENATE Mr. DEMINT, for 5 minutes, today. clares the House in recess subject to A message from the Senate by Mr. f the call of the Chair. Lundregan, one of its clerks, an- Accordingly (at 7 o’clock and 1 nounced that the Senate has passed SENATE BILLS REFERRED minute a.m.), the House stood in recess without amendment a bill and concur- Bills of the Senate of the following subject to the call of the Chair. rent resolution of the House of the fol- titles were taken from the Speaker’s lowing titles: table and, under the rule, referred as f H.R. 4437. An act to grant to the United follows: States Postal Service the authority to issue S. 1586. An act to reduce the fractionated b 0910 semipostals, and for other purposes. H. Con. Res. 351. Concurrent resolution rec- ownership of Indian lands, and for other pur- ognizing Heroes Plaza in the City of Pueblo, poses; to the Committee on Resources. AFTER RECESS Colorado, as honoring recipients of the S. 2516. An act to fund task forces to locate Medal of Honor. and apprehend fugitives in Federal, State, The recess having expired, the House and local felony criminal cases and give ad- was called to order by the Speaker pro The message also announced that the ministrative subpoena authority to the tempore (Mr. DREIER) at 9 o’clock and Senate has passed with amendment in United States Marshals Service; to the Com- 10 minutes a.m. which the concurrence of the House is mittee on the Judiciary.

VerDate Aug 04 2004 12:13 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00125 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.005 H26JY0 July 26, 2000 CONGRESSIONAL RECORD—HOUSE 16549 ADJOURNMENT By Mr. BOEHNER: the electric power industry; to the Com- H.R. 4963. A bill to amend the Labor-Man- mittee on Ways and Means. Mr. LINDER. Mr. Speaker, I move agement Reporting and Disclosure Act of By Mr. HOUGHTON (for himself and that the House do now adjourn. 1959; to the Committee on Education and the Mr. MATSUI): The motion was agreed to; accord- Workforce. H.R. 4972. A bill to amend the Internal Rev- ingly (at 9 o’clock and 11 minutes By Mr. BURR of North Carolina (for enue Code of 1986 to encourage the granting a.m.), the House adjourned until today, himself and Mr. STUPAK): of employee stock options; to the Committee July 27, 2000, at 10 a.m. H.R. 4964. A bill to amend title III of the on Ways and Means. Public Health Service Act to enhance the By Mr. KOLBE: f Nation’s capacity to address public health H.R. 4973. A bill to amend the Public REPORTS OF COMMITTEES ON threats and emergencies; to the Committee Health Service Act to establish a grant pro- PUBLIC BILLS AND RESOLUTIONS on Commerce. gram regarding the unreimbursed costs of By Mr. CONDIT (for himself and Mr. border hospitals in providing emergency Under clause 2 of rule XIII, reports of POMBO): medical services to undocumented aliens; to committees were delivered to the Clerk H.R. 4965. A bill to amend the Perishable the Committee on Commerce. for printing and reference to the proper Agricultural Commodities Act, 1930, to ex- By Mr. KUCINICH (for himself, Mr. calendar, as follows: tend the time period during which persons BONIOR, Mr. VISCLOSKY, Ms. RIVERS, Filed on July 27 (legislative day, July 26), 2000 may file a complaint alleging the prepara- Ms. MCKINNEY, Mr. SANDERS, Ms. Mr. TAYLOR of North Carolina: Com- tion of false inspection certificates at Hunts MCCARTHY of Missouri, and Mr. FIL- mittee of Conference. Conference report on Point Terminal Market, Bronx, New York; to NER): H.R. 4516. A bill making appropriations for the Committee on Agriculture. H.R. 4974. A bill to amend the Internal Rev- the Legislative Branch for the fiscal year By Mr. CONYERS (for himself, Ms. enue Code of 1986 to impose a windfall profit ending September 30, 2001, and for other pur- JACKSON-LEE of Texas, Mrs. tax on oil and natural gas (and products poses (Rept. 106–796). Ordered to be printed. MORELLA, Ms. ROYBAL-ALLARD, Mr. thereof) and to allow an income tax credit Mr. LINDER: Committee on Rules. H. Res. GUTIERREZ, Mr. CLYBURN, Mr. UNDER- for purchases of fuel-efficient passenger vehi- 565. Resolution waiving points of order WOOD, Mrs. MEEK of Florida, Mr. cles, and to allow grants for mass transit; to against the Conference report to accompany FRANK of Massachusetts, Mr. BER- the Committee on Ways and Means, and in H.R. 4516, the Legislative Branch Appropria- MAN, Mr. NADLER, Ms. WATERS, Mr. addition to the Committee on Transpor- tions Act, 2001 (Rept. 106–797). Referred to DELAHUNT, Mr. WEINER, Mr. FILNER, tation and Infrastructure, for a period to be the House Calendar and ordered to be print- Ms. LEE, Ms. SCHAKOWSKY, Mr. subsequently determined by the Speaker, in ed. HASTINGS of Florida, Mr. KENNEDY of each case for consideration of such provi- Ms. PRYCE: Committee on Rules. H. Res. Rhode Island, Mr. MCDERMOTT, Mr. sions as fall within the jurisdiction of the 566. Resolution providing for the consider- SERRANO, Mr. FROST, Mr. CROWLEY, committee concerned. ation of H.R. 4678, Child Support Distribu- Ms. MILLENDER-MCDONALD, Ms. By Mr. LOBIONDO (for himself, Mr. tion Act of 2000 (Rept. 106–798). Referred to BROWN of Florida, Mrs. MINK of Ha- PAYNE, Mr. ANDREWS, Mr. FRANKS of the House Calendar and ordered to be print- waii, and Mr. BISHOP): New Jersey, Mr. FRELINGHUYSEN, Mr. ed. H.R. 4966. A bill to amend the Immigration HOLT, Mr. MENENDEZ, Mr. PALLONE, Mr. DIAZ-BALART: Committee on Rules. and Nationality Act to restore fairness to Mr. PASCRELL, Mr. ROTHMAN, Mrs. H. Res. 567. Resolution providing for the con- immigration law, and for other purposes; to ROUKEMA, Mr. SAXTON, and Mr. SMITH sideration of a concurrent resolution for the the Committee on the Judiciary. of New Jersey): adjournment of the House and Senate for the By Mr. DAVIS of Florida: H.R. 4975. A bill to designate the post office summer district work period (Rept. 106–799). H.R. 4967. A bill to amend title XVIII of the and courthouse located at 2 Federal Square, Referred to the House Calendar and ordered Social Security Act to provide for the classi- Newark, New Jersey, as the ‘‘Frank R. Lau- to be printed. fication of certain hospitals as cancer hos- tenberg Post Office and Courthouse‘‘; to the pitals for purposes of payment for inpatient Committee on Transportation and Infra- f and outpatient hospital services under the structure. PUBLIC BILLS AND RESOLUTIONS Medicare Program; to the Committee on By Mr. NADLER (for himself, Mr. REY- Ways and Means. NOLDS, Mr. LANTOS, Mrs. LOWEY, Mr. Under clause 2 of rule XII, public By Ms. DUNN (for herself, Mr. KLECZ- ENGEL, Mr. BRADY of Texas, Mr. bills and resolutions were introduced KA, and Mr. MCDERMOTT): FRANKS of New Jersey, Mr. WEINER, and severally referred, as follows: H.R. 4968. A bill to amend title XVIII of the Mr. TANCREDO, Mr. CROWLEY, Ms. By Mr. WATT of North Carolina (for Social Security Act to provide for equitable BERKLEY, Mr. BERMAN, Mr. SISISKY, himself, Ms. EDDIE BERNICE JOHNSON reimbursement rates under the Medicare and Mr. LAZIO): of Texas, Mr. WYNN, Ms. JACKSON-LEE Program to Medicare+Choice organizations; H.R. 4976. A bill to prohibit United States of Texas, Mr. CLYBURN, Mr. TOWNS, to the Committee on Ways and Means, and in assistance to the Palestinian Authority if a Ms. NORTON, Mr. FATTAH, Ms. LEE, addition to the Committee on Commerce, for Palestinian state is declared unilaterally, Mr. SCOTT, Ms. BROWN of Florida, Mr. a period to be subsequently determined by and for other purposes; to the Committee on HASTINGS of Florida, Mrs. MEEK of the Speaker, in each case for consideration International Relations. Florida, Mr. CLAY, Mr. LEWIS of Geor- of such provisions as fall within the jurisdic- By Mr. NUSSLE (for himself, Mr. TAN- gia, Mr. PAYNE, Mr. DIXON, Mrs. tion of the committee concerned. NER, Mr. CAMP, Mr. MATSUI, Mr. CLAYTON, Mr. CONYERS, Ms. WATERS, By Mr. ENGLISH: CARDIN, Mr. LEWIS of Georgia, Mr. Mr. MEEKS of New York, Mr. THOMP- H.R. 4969. A bill to amend the Robert T. BOSWELL, Mr. GANSKE, Mr. GILLMOR, SON of Mississippi, Mr. BISHOP, Ms. Stafford Disaster Relief and Emergency As- Mr. HUTCHINSON, Mr. LATHAM, Mr. CARSON, Mr. CUMMINGS, Mr. DAVIS of sistance Act to direct the Director of the LEACH, Mr. MARKEY, Mr. REGULA, Mr. Illinois, Mr. FORD, Mrs. JONES of Federal Emergency Management Agency to SNYDER, and Mr. UPTON): Ohio, Ms. KILPATRICK, Ms. develop a plan for stockpiling potassium io- H.R. 4977. A bill to amend the Internal Rev- MILLENDER-MCDONALD, Mr. RANGEL, dide tablets in areas within a 50-mile radius enue Code of 1986 to provide a credit against Mr. JACKSON of Illinois, Mrs. of a nuclear power plant; to the Committee tax for energy efficient appliances; to the CHRISTENSEN, Mr. HILLIARD, Ms. on Transportation and Infrastructure. Committee on Ways and Means. MCKINNEY, Mr. OWENS, Mr. RUSH, and By Mr. GREEN of Texas: By Mr. OBERSTAR: Mr. JEFFERSON): H.R. 4970. A bill to amend part D of title III H.R. 4978. A bill to amend title 49, United H.R. 4961. A bill to amend the Voting of the Public Health Service Act to provide States Code, to authorize the Secretary of Rights Act of 1965 to clarify the intent of grants to strengthen the effectiveness, effi- Transportation to oversee the competitive Congress; to the Committee on the Judici- ciency, and coordination of services for the activities of air carriers following a con- ary. uninsured and underinsured; to the Com- centration in the airline industry, and for By Mr. ANDREWS: mittee on Commerce. other purposes; to the Committee on Trans- H.R. 4962. A bill to amend title I of the Em- By Mr. HAYWORTH (for himself, Mr. portation and Infrastructure. ployee Retirement Income Security Act of ENGLISH, Mr. MATSUI, Mr. WELLER, By Mr. POMEROY (for himself and Mr. 1974 to ensure that employees are not im- Mr. NEAL of Massachusetts, Mr. MINGE): properly disqualified from benefits under RAMSTAD, Mrs. THURMAN, Mr. H.R. 4979. A bill to amend the Agriculture pension plans and welfare plans based on a HERGER, Mr. WATKINS, Mrs. JOHNSON Market Transition Act to extend the avail- miscategorization of their employee status; of Connecticut, and Mr. SHAW): ability of marketing assistance loans beyond to the Committee on Education and the H.R. 4971. A bill to amend the Internal Rev- the 2002 crop year, to increase the loans Workforce. enue Code of 1986 to facilitate competition in rates for such loans, to extend the duration

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00126 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.005 H26JY0 16550 CONGRESSIONAL RECORD—HOUSE July 26, 2000

of such loans, and to revise the limitations By Mr. SMITH of New Jersey (for him- H.R. 4277: Mrs. MINK of Hawaii. on the total amount of marketing loan gains self, Mr. HOYER, Mr. PITTS, and Mr. H.R. 4292: Mr. MICA, Mr. LEWIS of Ken- and loan deficiency payments that a pro- CARDIN): tucky, Mr. ADERHOLT, Mr. THUNE, Mr. ducer may receive; to the Committee on Ag- H. Con. Res. 382. Concurrent resolution FORBES, and Mr. HANSEN. riculture. calling on the Government of Azerbaijan to H.R. 4303: Ms. KAPTUR. By Mr. SENSENBRENNER: hold free and fair parliamentary elections in H.R. 4305: Mrs. THURMAN. H.R. 4980. A bill to amend title 18, United November 2000; to the Committee on Inter- H.R. 4395: Mr. GREENWOOD. States Code, with respect to DNA testing of national Relations. H.R. 4416: Ms. RIVERS, Mr. RYUN of Kansas, prisoners, and for other purposes; to the f Ms. BERKLEY, Mr. HOEFFEL, Mr. GUTIERREZ, Committee on the Judiciary. Mr. SMITH of Washington, and Mr. RANGEL. By Mr. STARK: ADDITIONAL SPONSORS H.R. 4492: Mr. DEUTSCH and Mr. KIND. H.R. 4981. A bill to amend title XVIII of the Under clause 7 of rule XII sponsors H.R. 4536: Mr. BONIOR and Ms. BERKLEY. Social Security Act to establish a national were added to public bills and resolu- H.R. 4566: Mrs. LOWEY and Mrs. THURMAN. policy on chronic illness care, to improve ad- tions as follows: H.R. 4660: Mr. CLEMENT. ministrative, delivery, and financing capa- H.R. 4701: Mr. GARY MILLER of California bilities, to establish prototype models for H.R. 49: Mr. PAUL. and Mr. HERGER. serving persons with serious and disabling H.R. 82: Mr. DAVIS of Illinois. H.R. 4715: Mr. MCINNIS, Mr. STARK, Mr. chronic conditions, to provide for coverage H.R. 207: Mr. REYES. CAMP, and Mr. TANNER. H.R. 218: Mr. CROWLEY. under the Medicare Program of disease man- H.R. 4728: Mr. PORTMAN, Mr. HERGER, and H.R. 284: Mr. BACA and Mr. NEY. agement services for serious and disabling Mr. BOEHNER. H.R. 323: Mr. ROTHMAN. chronic illnesses, and to refine Medicare and H.R. 4735: Mr. BLAGOJEVICH, Mr. DIXON, Mr. H.R. 372: Mr. COSTELLO, Mr. DAVIS of Illi- Medicaid waiver authority; to the Com- JACKSON of Illinois, Mr. GEORGE MILLER of nois, Mr. TIERNEY, and Mr. UDALL of New mittee on Commerce, and in addition to the California, Mr. HORN, and Ms. WATERS. Mexico. Committee on Ways and Means, for a period H.R. 4776: Mr. RAMSTAD, Mr. KNOLLENBERG, H.R. 407: Mr. SHADEGG. to be subsequently determined by the Speak- and Mr. BARR of Georgia. H.R. 583: Mr. RODRIGUEZ. er, in each case for consideration of such pro- H.R. 4786: Ms. MCKINNEY. H.R. 837: Mr. PAYNE. visions as fall within the jurisdiction of the H.R. 4787: Ms. MCKINNEY. H.R. 1172: Mr. SUNUNU, Mr. GILMAN, Mr. committee concerned. H.R. 4793: Mr. LAHOOD. SWEENEY, and Mr. PASCRELL. By Mr. STEARNS: H.R. 4794: Mrs. LOWEY. H.R. 1196: Mr. ROTHMAN. H.R. 4982. A bill to prohibit the unauthor- H.R. 4825: Mr. WEYGAND, Mr. FRANK of Mas- H.R. 1217: Mrs. KELLY and Mr. PETERSON of ized destruction, modification, or alteration Pennsylvania. sachusetts, Ms. KAPTUR, Mr. WAMP, Mr. MUR- of product batch codes to protect consumer THA, Mr. GILLMOR, Mr. UDALL of New Mexico, H.R. 1396: Mrs. LOWEY and Mr. BECERRA. health and safety and assist with law en- Mr. MCGOVERN, Mr. BONILLA, Mr. SWEENEY, H.R. 1485: Mr. OWENS. forcement efforts, and for other purposes; to Mr. COBLE, and Mr. TIAHRT. H.R. 1590: Mr. GILMAN. the Committee on Commerce. ALENT ETERSON H.R. 1622: Mr. BILBRAY. H.R. 4841: Mr. T , Mr. P of By Ms. VELA´ ZQUEZ (for herself, Ms. H.R. 1891: Mr. WELDON of Florida. Minnesota, and Mr. HULSHOF. MILLENDER-MCDONALD, Mr. DAVIS of H.R. 2270: Mrs. THURMAN. H.R. 4844: Mr. TANNER, Mr. DELAHUNT, Mr. Illinois, Mrs. MCCARTHY of New York, H.R. 2344: Mr. HOLDEN and Mr. CLEMENT. BARTLETT of Maryland, Mr. OWENS, Mr. Mr. PASCRELL, Mr. HINOJOSA, Mr. H.R. 2451: Mr. GUTKNECHT. CLAY, and Mr. COBLE. GONZALEZ, Mr. MOORE, Mrs. H.R. 2457: Mr. TURNER and Mr. FRELING- H.R. 4858: Mr. JEFFERSON and Mr. BONIOR. NAPOLITANO, Mr. BAIRD, Mr. UDALL of HUYSEN. H.R. 4885: Mr. CALVERT, Mr. HOBSON, Mr. Colorado, Ms. BERKLEY, Mrs. H.R. 2512: Mr. MOORE. HAYES, Mr. GREEN of Wisconsin, and Mr. CHRISTENSEN, and Mr. PHELPS): H.R. 2514: Mr. BARTLETT of Maryland. HUTCHINSON. H.R. 4983. A bill to amend the Small Busi- H.R. 2562: Mr. FRELINGHUYSEN. H.R. 4894: Mr. TALENT, Mr. HULSHOF, Mr. ness Investment Act of 1958 to include expan- H.R. 2631: Mr. HINOJOSA. BARRETT of Nebraska, and Mr. EWING. sion of business development by individuals H.R. 2710: Mr. HUTCHINSON, Mr. SANDLIN, H.R. 4895: Mr. TALENT, Mr. HULSHOF, and with disabilities among the public policy Mr. BACA, and Mr. TRAFICANT. Mr. BARRETT of Nebraska. goals of State and local development compa- H.R. 2859: Mr. SANDERS and Mr. CLAY. H.R. 4897: Mrs. BIGGERT, Mr. GILMAN, and nies; to the Committee on Small Business. H.R. 2870: Ms. ROYBAL-ALLARD and Mr. Mrs. MORELLA. By Mr. WALDEN of Oregon (for himself WAXMAN. H.R. 4935: Mr. FROST, Mr. REYES, Mr. GOR- and Mr. HERGER): H.R. 2892: Mr. SKELTON. DON, Mr. DAVIS of Illinois, and Mr. BALDACCI. H.R. 4984. A bill to authorize the Bureau of H.R. 2902: Ms. ROYBAL-ALLARD. H.R. 4937: Mr. INSLEE. Reclamation to conduct certain feasibility H.R. 2953: Mr. PETERSON of Pennsylvania. H.R. 4946: Mrs. KELLY and Mr. TERRY. studies to augment water supplies for the H.R. 3032: Ms. WATERS and Mr. DEUTSCH. H.R. 4957: Mrs. CLAYTON, Mr. SCOTT, Mr. Klamath Project, Oregon and California, and H.R. 3082: Mr. HULSHOF. WYNN, and Mr. EHLERS. for other purposes; to the Committee on Re- H.R. 3193: Ms. BALDWIN. H.R. 4958: Mr. FROST. sources. H.R. 3517: Mrs. THURMAN. H.J. Res. 105: Mr. GOODE. By Mr. KOLBE: H.R. 3575: Mr. VITTER. H. Con. Res. 133: Mr. SHAYS. H.R. 4985. A bill making appropriations for H.R. 3576: Mr. SESSIONS. H. Con. Res. 177: Mr. THOMPSON of Cali- the Treasury Department, the United States H.R. 3578: Mr. BASS. fornia. Postal Service, the Executive Office of the H.R. 3677: Mr. CALVERT. H. Con. Res. 252: Mr. BARR of Georgia, and President, and certain Independent Agencies, H.R. 3766: Mr. PRICE of North Carolina and Mr. FORBES. for the fiscal year ending September 30, 2001, Mr. HINOJOSA. H. Con. Res. 257: Mr. CUNNINGHAM, Mrs. and for other purposes; to the Committee on H.R. 3841: Mr. REYES. BIGGERT, Mr. COOK, and Mr. METCALF. Appropriations. H.R. 3865: Mr. GIBBONS. H. Con. Res. 328: Mr. PRICE of North Caro- By Mr. DAVIS of Illinois (for himself, H.R. 3887: Mrs. MINK of Hawaii. lina. Mr. SHIMKUS, and Mr. CAPUANO): H.R. 3915: Mr. POMEROY and Mr. NEAL of H. Con. Res. 357: Mrs. THURMAN. H. Con. Res. 381. Concurrent resolution ex- Massachusetts. H. Con. Res. 368: Mr. SNYDER. pressing the sense of the Congress that there H.R. 4066: Mr. PASTOR, Mr. CUMMINGS, and H. Con. Res. 370: Mrs. LOWEY and Ms. BERK- should be established a National Health Cen- Mr. GUTIERREZ. LEY. ter Week to raise awareness of health serv- H.R. 4119: Mr. HOSTETTLER. H. Res. 124: Ms. DELAURO, Mr. BARRETT of ices provided by community, migrant, and H.R. 4162: Ms. LEE. Wisconsin, Mr. FROST, Mr. ENGEL, and Mr. homeless health centers; to the Committee H.R. 4206: Mr. WEXLER. BISHOP. on Government Reform. H.R. 4239: Mr. QUINN and Mr. ETHERIDGE. H. Res. 543: Mr. ACKERMAN.

VerDate Aug 04 2004 11:00 Nov 21, 2004 Jkt 079102 PO 00000 Frm 00127 Fmt 0688 Sfmt 0634 E:\BR00\H26JY0.005 H26JY0 July 26, 2000 EXTENSIONS OF REMARKS 16551 EXTENSIONS OF REMARKS

HONORING JAKE HARTZ, JR. Jake Hartz deserves our respect and grati- SAM’S YOUNG FAMILY tude. On behalf of the Congress, I am proud Samuel married Elizabeth Checkley in Oc- HON. MARION BERRY to extend best wishes to my good friend on tober of 1749. Only two of the couple’s five children—Samuel Adams Jr. and Hannah— OF ARKANSAS his 80th birthday. reached adulthood. IN THE HOUSE OF REPRESENTATIVES f And his wife, Elizabeth died on July 25, Tuesday, July 25, 2000 REMARKS OF AMANDA PEARSON— 1757. Seven years later, Sam married Eliza- ‘‘SAM ADAMS: FATHER OF THE beth Wells, an industrious woman who Mr. BERRY. Mr. Speaker, today I pay trib- helped her step-children and husband to live ute to a great Arkansan. Jake Hartz, Jr. cele- AMERICAN REVOLUTION’’ comfortably in spite of Samuel’s small in- brates his 80th birthday this week, and I think come. that this is a good time to recognize him in the HON. DONALD A. MANZULLO Samuel reared his family on Christian Congress for his accomplishments and service OF ILLINOIS principles. The Bible was read every night in the Adams household. to this country. IN THE HOUSE OF REPRESENTATIVES Our national agriculture was profoundly im- TOWARD REVOLUTION Tuesday, July 25, 2000 pacted by Jake’s promotion and development Samuel Adams knew that the British and of soybean farming. His family brought the first Mr. MANZULLO. Mr. Speaker, I was visited King George III of England were treating the soybean seed to the mid-South, and he recently by Amanda Pearson of Rockford, Illi- colonists unfairly. The people tried to settle achieved remarkable success through the nois. Amanda is in high school. When I dis- their problems with the government peace- Jacob Hartz Seed Co., a leader in the indus- covered that her essay on Sam Adams had fully. But the British wouldn’t listen, and things try. More than just a businessman, Jake’s been placed in God’s World News, I requested continued to simmer towards a boil. long-standing service in State and national that she send me a copy. The article is so In 1763, Samuel was one of the first to pro- soybean organizations culminated in his ten- timely that I believe more Americans need to pose that the American colonies become ure as president of the American Soybean As- know this story. I commend this article to my united to fight against England. Seven years sociation; in the interim he founded the Arkan- colleagues and other readers of the RECORD. later, he was serving as spokesman for Bos- ton after the Boston Massacre occurred. sas Soybean Association, served as president SAMUEL ADAMS: FATHER OF THE AMERICAN In 1772, he launched the Committees of of the Arkansas Seed Dealers Association, REVOLUTION was named director and finance chairman of Correspondence with the help of Richard (By Amanda Pearson) Henry Lee. The Committees provided the the Soybean Council of America, and was an ‘‘We must do something. The present situa- colonists with the latest current events and active member of the Arkansas Plant Board. tion cannot remain untouched.’’ The middle- kept them up-to-date on British activities. All this while sitting on the board of directors aged man of about 48 mulled these thoughts THE COMMITTEES over as he paced steadily toward the Boston for the Little Rock branch of the Federal Re- The Committees had three goals: serve Bank of St. Louis, and serving on the building that sheltered the town meetings. 1. to delineate the rights the Colonists had Samuel Adams shuddered, pulled his jack- trust board of the Boy Scouts of America. as men, as Christians, and as subjects of the et closer around him and continued his mus- Jake was ahead of his time in under- crown; standing the importance of research and tech- ing. 2. to detail how these rights had been vio- ‘‘The day before yesterday, March 5, sev- nology in agriculture. He hired the first reg- lated; and eral colonists were killed right here in Bos- 3. to publicize throughout the Colonies the istered seed technologist in 1952. In 1973, ton, when those oppressive British regulars Jake was appointed to the U.S. Department of first two items. opened fire.’’ One of the documents that the Committees Agriculture’s Plant Variety Protection Board, ‘‘We are being ruled by a pure tyrant,’’ he of Correspondent distributed in late 1772 was and this experience led him to begin a re- muttered under his breath. ‘‘How long must the ‘‘Rights of The Colonists’’ that Sam search program to develop higher-yield, dis- we suffer under a power that violates the Adams had written. His Christian character ease-resistant soybean varieties for the mid- laws of nature and of nature’s God?’’ and knowledge of Scripture were apparent as He turned a corner and walked along the he wrote: South. Soon thereafter, the Hartz Seed Co. street toward the building at the end. His established the largest soybean research facil- ‘‘The Rights of the Colonists as Christians. thoughts turned back to the massacre. These may be best understood by reading ity in the southern United States. ‘‘Yes,’’ Mr. Adams thought. ‘‘We must fight and carefully studying the institutes of the Even further, Jake worked tirelessly to pro- to remove the British from Boston before great Law Giver and Head of the Christian more difficulties arise!’’ tect the valuable surface and groundwater Church, which are to be found clearly writ- With that, he marched up the steps and supplies in the Grand Prairie region. Through ten and promulgated in the New Testa- into the building. the conservation measures and alternative ment.’’ water supplies he proposed, Jake contributed Yes, Samuel Adams did succeed in getting those British troops removed from Boston. FOR GOD AND COUNTRY significantly toward achieving the re-authoriza- In fact, he became known as the ‘‘Father of In 1774, the British governor of Massachu- tion of the Grand Prairie Region and Bayou the American Revolution.’’ setts attempted to quiet Sam Adams. He of- Meto Basin project. YOUNG SAM fered him a high rank in the colonial govern- Numerous awards and honors have been ment. Samuel Adams was an older cousin of John bestowed upon Jake Hartz, including the Pres- However, Sam refused to be silenced. ‘‘I Adams, who eventually became president of trust I have long since made my peace with idential ‘‘E’’ Certificate for Exports to recognize the United States. Samuel was born in Bos- the King of kings. No personal consideration his outstanding contribution to export expan- ton, Massachusetts, on Sept. 22, 1722. shall induce me to abandon the righteous sion in Japan, Mexico, and Spain; the U.S. His father was well-to-do and provided his cause of my country,’’ he said. son with a good education. And Samuel Army Corps of Engineers Commander’s ‘‘Tell Governor Gage, it is the advice of proved to be studious. Award for Public Service, in honor of his lead- Samuel Adams to him, no longer to insult At 18, he graduated from Harvard, a college ership in protecting natural resources; and the feelings of an exasperated people.’’ special designations from Ducks Unlimited, the with strong Christian roots. Once he was done with his schooling, he was apprenticed HONOR Boy Scouts of America, and St. Vincent Infir- to a well-established merchant in Boston. In 1774, Samuel Adams was elected as a mary. Eventually, Samuel set up his own busi- delegate of Massachusetts to the Continental As a veteran of World War II, a community ness. But he did not care for that profession. Congress. There in 1776 he eagerly signed the activist, an outstanding businessman, a leader He was more interested in politics and the Declaration of Independence, declaring the in agriculture, and a generous public servant, current situation of the colonies. colonies free from England.

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

VerDate Aug 04 2004 13:36 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00001 Fmt 0689 Sfmt 0634 E:\BR00\E26JY0.000 E26JY0 16552 EXTENSIONS OF REMARKS July 26, 2000 In 1778, after the Revolution, Mr. Adams the Army Achievement Medal; The Good Con- Kansas City, Missouri, Dr. Krpan completed a eventually supported Massachusetts’ ratifi- duct Medal; The National Defense Service rotating internship at Phoenix General Hospital cation of the U.S. Constitution, although at Medal with Bronze Service Star; the Overseas in Phoenix, Arizona. Dr. Krpan has two sons first he refused to do so. He served as governor of Massachusetts Service Ribbon with numeral 2; the Non-Com- and a nephew who are also osteopathic physi- from 1793 to 1797 then retired from public missioned Officer Professional Development cians. service altogether. Ribbon with Numeral 4; and the Drill Sergeant Mr. Speaker, I ask that this House please GLORY Badge. Sergeant Major Fulwood is also an join me in recognizing, honoring and com- At the end of his life on earth, Samuel honorary member of the United States Army mending the induction of Donald Krpan, D.O. Adams made a final statement of his beliefs Signal Corps Regiment. as President of the American Osteopathic As- in his will: Sergeant Major Fulwood is a source of in- sociation. ‘‘Principally and first of all, I reccommend spiration for young aspiring soldiers and rep- f my soul to that Almighty Being who gave it resents not only African-Americans, but Ameri- and my body I commit to the dust, relying cans of all ethnic groups. I am especially OSHA AWARD FOR SPRINGFIELD upon the merits of Jesus Christ for a pardon proud of her accomplishments as a female ca- REMANUFACTURING of all my sins.’’ He died in 1803 at the age of 82, a Founding reer soldier from my district in Salters, South Father, ‘‘Firebrand of the Revolution,’’ and Carolina. Her accomplishments speak to her HON. ROY BLUNT most important, a Christian man. diligence, integrity, and loyalty to her country. OF MISSOURI Mr. Speaker, please join me in honoring IN THE HOUSE OF REPRESENTATIVES f Sergeant Major Mildred Fulwood for her dedi- Tuesday, July 25, 2000 TRIBUTE TO SERGEANT MAJOR cated service to the United States Army. MILDRED FULWOOD f Mr. BLUNT. Mr. Speaker, today I congratu- late the vision, and commitment of the officers, HON. JAMES E. CLYBURN HONORING DR. DONALD J. KRPAN administrative staff and employees of the Springfield Remanufacturing Corporation in OF SOUTH CAROLINA HON. GARY G. MILLER Springfield, Missouri as they attain the highest IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA status available in OSHA’s Voluntary Protec- Tuesday, July 25, 2000 IN THE HOUSE OF REPRESENTATIVES tion Program. Mr. CLYBURN. Mr. Speaker, I rise today to Tuesday, July 25, 2000 The company located in Missouri’s Seventh honor Sergeant Major Mildred Fulwood who is Mr. GARY MILLER of California. Mr. Speak- Congressional District employs 370 people in retiring from the United States Army after 30 er, it is with great pleasure that I rise to honor the remanufacturing of diesel engines for years of active duty. She has served this great Donald J. Krpan, D.O., F.A.C.O.F.P. and con- trucking, agriculture and heavy equipment in- country with dignity, integrity, and honor. gratulate him on his induction as the President dustries. With this award from the Occupa- Sergeant Major Fulwood is a native of of the American Osteopathic Association tional Safety and Health Administration, the South Carolina and attended the public (AOA). company joins a select group of only 15 other schools of Williamsburg County, South Caro- Dr. Krpan, a board certified family practice firms in the state, four in Springfield, with the lina. She graduated from Atkins High School, physician, will lead the nation’s 44,000 osteo- designation of Star Sites. Nationally there are Winston-Salem, North Carolina in 1968. She pathic physicians (D.O.s) and the AOA from only 550 sites which have attained this level of entered the Women’s Army Corps in Sep- July 2000 to July 2001. The AOA is an asso- commitment to worker safety. tember 1970. Sergeant Major Fulwood at- ciation organized to advance the philosophy The certification was granted after an inten- tended Basic Training and Advance Individual and practice of osteopathic medicine by pro- sive self study of safety policies, procedures Training at Fort McClellan, Alabama. She also moting excellence in education, research and and practices by employees at all levels fol- earned an Associate of Science degree from the delivery of quality and cost-effective health lowed by a rigorous comprehensive review Vincennes University, Indianapolis, Indiana care in a distinct, unified profession. Aside visit by OSHA inspectors who found the work- and a Bachelor of Arts degree from Coker Lib- from protecting the right and privilege to prac- places to be fully in compliance with all regula- eral Arts College, Hartsville, South Carolina. tice osteopathic medicine, Dr. Krpan will work tions. She is a graduate of the United States Army with the AOA to enhance professional unity, According to OSHA this designation means Sergeants Major Academy, The Women’s Drill ensure quality education and training pro- that the health and safety practices and proce- Sergeant Academy, and has completed nu- grams and preserve basic osteopathic prin- dures developed by the company are models merous technical and functional courses. ciples. within their industry, and that the company is Sergeant Fulwood has held numerous posi- A practicing family and emergency room achieving the highest levels of health and tions of leadership during her career, includ- physician for 20 years, Dr. Krpan currently safety compliance. ing: Squad Leader; Barracks Sergeant; In- serves as the Provost of Western University of I would also point out that this outstanding structor; Course Director; First Sergeant; and Health Sciences College of Osteopathic Medi- achievement is the result of a cooperative ef- Sergeant Major. She has also served as The cine of the Pacific in Pormona, California. I am fort between public and private entities rather Detachment Commander, U.S. Army Per- proud to say that my district is the home of than a unilateral regulatory effort on the part of sonnel Command, Personnel Security Screen- both the College and Donald Krpan. In addi- a lone federal agency. To quote OSHA ‘‘This ing Program; Enlisted Signal Branch Sergeant tion, he serves as a member of the board of concept recognizes that compliance enforce- Major, U.S. Army Personnel Command, and directors of Mad River Community Hospital in ment alone can never fully achieve the objec- Executive Officer, Office of the Deputy Chief Arcata, California, and is a member of the tives of the Occupational Safety and Health of Staff for Personnel, U.S. Army Materiel Joint Conference Committee of Arrowhead Act. Good safety management programs that Command. Currently Major Fulwood is serving Regional Medical Center in San Bernardino, go beyond OSHA standards can protect work- as Sergeant Major, Office of the Deputy Chief California. ers more effectively than simple compliance.’’ of Staff for Personnel, U.S. Army Materiel Dr. Krpan has been involved with the osteo- Springfield Remanufacturing Corporation, Command. pathic profession in many capacities before apart from this award, is a success story on its Sergeant Major Fulwood has served in var- becoming AOA president. He serves as chair- own. In 1983 employees of the Remanufac- ious overseas and stateside assignments. man of the ethics committee of the Osteo- turing Division of International Harvester pur- They include multiple tours in Korea and U.S. pathic Medical Board of California, and has chased the operation from the parent com- Element Land Southeast, Turkey. She also been a member of the Osteopathic Physicians pany and established it as an employee served in my district at Fort Jackson in Sum- and Surgeons of California’s board of direc- owned company. The firm has since estab- ter, South Carolina. tors. Dr. Krpan has also served as a member lished a number of its own subsidiaries and Sergeant Major Fulwood’s awards and of the AOA’s Board of Trustees since 1988, as has been named as one of the ‘‘The 100 Best decorations include: the Defense Meritorious well as a member of its House of Delegates Companies to Work for in America’’. Service Medal, the Meritorious Service Medal since 1980. I express my appreciation, and that of all my with four oak leaf clusters; the Army Com- A graduate of the University of Health colleagues, to President Jack Stack, Plant mendation Medal with two oak leaf clusters; Sciences/College of Osteopathic Medicine in Manager Marty Callison and Safety Director

VerDate Aug 04 2004 13:36 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00002 Fmt 0689 Sfmt 9920 E:\BR00\E26JY0.000 E26JY0 July 26, 2000 EXTENSIONS OF REMARKS 16553 Kathy Miller for their leadership in bringing this INTRODUCTION OF THE LOCALLY lanta, Inc. v. City of Atlanta denied local gov- national recognition to Springfield, Missouri REGULATED TOWING ACT ernments’ similar authority. and the Seventh Congressional District. The only real and effective solution to this HON. JAMES P. MORAN problem is to restore full state and local au- f OF VIRGINIA thority over all aspects of tow truck operations. IN THE HOUSE OF REPRESENTATIVES The legislation I am introducing today will ac- IN RECOGNITION OF NEW HAVEN Tuesday, July 25, 2000 complish this objective. It is a common sense, POSTMASTER SHELDON RHINE- pro consumer piece of legislation. Mr. MORAN of Virginia. Mr. Speaker, I am HEART FOR OUTSTANDING PUB- I urge my colleagues to support it. LIC SERVICE pleased today to be introducing the ‘‘Locally Regulated Towing Act.’’ This legislation will re- store the ability of local governments to regu- f HON. ROSA L. DeLAURO late tow truck operations. REMARKS IN HONOR OF THE LATE Congress took this authority away from JUDGE JON BARTON OF CONNECTICUT state and local hands when it passed the Fed- IN THE HOUSE OF REPRESENTATIVES eral Aviation Administration Authorization Act of 1994, (P.L. 103–305). This law was in- HON. KAY GRANGER Tuesday, July 25, 2000 tended to replace multiple and sometimes OF TEXAS conflicting state and local regulations on inter- Ms. DELAURO. Mr. Speaker, it is with great state carriers like Federal Express and UPS, IN THE HOUSE OF REPRESENTATIVES pleasure that I pay tribute to an outstanding with a single uniform, national regulation. Ex- Tuesday, July 25, 2000 public servant and my good friend, Postmaster panding services like Federal Express and Sheldon Rhinehart. Sheldon’s recent retire- UPS urged passage of the law to help lower Ms. GRANGER. Mr. Speaker, today I honor ment ends a career with the United States costs and improve their delivery time. While and remember the life of Texas state District Postal Service that has spanned nearly half a the law achieved its objectives, it also opened Judge Jon Barton, who passed away Saturday century, leaving a legacy of integrity and inspi- a loophole that permitted tow trucks to qualify at his home in Keller, Texas. He was 43 years ration. as an interstate carrier and thereby exempted old. Judge Barton, the younger brother of our In his forty-seven years with the postal serv- them from state and local regulations. friend and colleague, Congressman JOE BAR- ice, Sheldon has been witness to a variety of Unlike Federal Express, UPS, and other TON, was a good, kind, and loving man. Our changes, social as well as operational. From major interstate carriers which are regulated thoughts and prayers go out to his wife, Jen- nifer; his sons, Jake and Jace; and to all of his his start as a clerk, he moved up the ranks. by the federal government, tow truck operators family at this difficult time in their lives. As New Haven’s first African-American post- are not. Congress has never granted any fed- master, he is not only an example of these eral agencies the power to regulate tow Judge Barton was born on October 12, trucks. As a result, their operations are free of tremendous changes but has continually chal- 1956, in Pecos, Texas, to Larry and Nell Bar- any direct oversight or public accountability. lenged the postal service to change itself. ton. However, he spent most of his childhood In response to growing complaints about in Waco, Texas, and eventually received his Sheldon’s work has been recognized locally tow truck operations, Congress did amend the Bachelor’s degree in Business Administration and nationally—a tribute to the invaluable con- law in December 1995 (P.L. 104–88) to permit and Juris Doctor degree from Baylor Univer- tributions he has made. state and local governments to regulate prices sity. In 1987, Judge Barton received his Mas- Sheldon is a strong advocate for minority on non-consensual towing. This change in fed- ter’s degree in Finance from Colorado State groups, both professionally and personally. eral law restored state and local governments’ University. That same year, he married his During his tenure, he has made room at the ability to regulate towing performed without the lovely wife Jennifer. postal service for many with disabilities. He permission of the vehicle’s owner, as in the in- After practicing law in Corpus Christi and played a key role in the establishment of the stance where owners of vacant, private lots Fort Worth, Texas, Judge Barton was elected Vision Trail from downtown New Haven to the arrange for a tow truck operator to remove to preside over the 67th District Court in 1996. waterfront and was a driving force in involving cars parked there without their permission. I Judge Barton was a talented and hard working the Postal Service with the 1995 Special am familiar with a number of alleged ‘‘sham individual. There is no question that he will be Olympic World Games held in New Haven. operations’’ where lot owners failed to properly deeply missed within the Texas legal commu- Sheldom has also had a primary role in devel- post signs that prohibited parking. Local busi- nity. ness and restaurant patrons and tourists un- oping training and social programs for the Judge Barton was very active in our area. able to find street parking were enticed to use Postal Service on a nationwide basis. With his He was a member of the Downtown Fort these vacant lots only to discover later their Worth Rotary Club and past president of the outstanding record of commitment, he has cars were towed away and the cost to recover Hurst-Euless-Bedford Rotary Club. Judge Bar- demonstrated a unique commitment to public them is $100 or more. ton served on the advisory board of the John service—leaving an indelible mark on the Unfortunately, even this modest change in Peter Smith Health Network and was a charter United States Postal Service and our commu- federal law has had limited success. Con- member of the Center for Christian Living. As nity. sumer complaints about tow truck operators a man of God, he actively served Broadway Sheldon has shown unparalleled leadership, still abound. In the last two years, Arlington Baptist Church in Fort Worth, Texas. Judge County, a jurisdiction I represent, received not only in his professional positions, but in Barton was always willing to give of himself to more than 160 complaints ranging from rates the community as well. He is currently serving his community, his church, and his family. on the United Way of New Haven’s Board of charged, some as high as $120, to vehicle Judge Barton was known for his great Directors and has served on a variety of damage, to theft and rude behavior. People sense of humor and for his kindness to all. He boards within his community including the who have had their vehicles towed have told was a committed husband and father who Newhallville Action Committee, the my office about having to go to impoundment loved his family deeply. Judge Barton faced Newhallville Day Care Center and St. Luke’s lots late at night in dangerous neighborhoods to recover their cars. When they get there, cancer with the same humor and courage that Episcopal Church. We are certainly fortunate he lived life. His deep faith in God gave Judge to have such a committed individual working they are told that only cash is accepted. Moreover, State and local ability to reassert Barton the strength to carry on throughout his on behalf of our community. control over tow truck operations have been struggle with sinus and liver cancer. His life I am proud to stand today and join his wife, thrown into even greater confusion following and fight with cancer serve as an inspiration to Carolyn, two children, Deborah and Sheldon two conflicting Federal appeals court rulings. us all. Jr., friends, and colleagues to honor Sheldon Ace Auto Body & Towing v. City of New York Again, my heart goes out to Judge Barton’s for his good work and dedicated career. I wish upheld the ability of states and local govern- family and to all those who are grieving his him many years of continued health and hap- ments to regulate safety issues and prices of passing. Judge Barton will truly be missed, but piness in his retirement. non-consensual towing, while R. Mayer of At- his spirit will live with us forever.

VerDate Aug 04 2004 13:36 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00003 Fmt 0689 Sfmt 9920 E:\BR00\E26JY0.000 E26JY0 16554 EXTENSIONS OF REMARKS July 26, 2000 2102 BANKS OF PROMISE ing, at Colorado State University (CSU), lo- risen to the top of higher education achieve- cated in Ft. Collins, Colorado. During his ten- ment. Dr. Jud Harper is among the most sig- HON. PETE SESSIONS ure at the University, Dr. Harper has been in- nificant leaders who have positioned the insti- OF TEXAS strumental in positioning CSU as a world-class tution in a place of such world-class prestige. IN THE HOUSE OF REPRESENTATIVES leader for research in the fields of animal Mr. Speaker, Dr. Jud Harper is leaving be- sciences, information technology, natural re- hind a tremendous legacy as he moves on Tuesday, July 25, 2000 sources management, atmospheric sciences, from Colorado State University to the next Mr. SESSIONS. Mr. Speaker, I rise today to and agriculture. phase of his life. He will truly be missed. recognize the commitment that more than In 1993, Dr. Harper orchestrated the con- f 2000 banks in our great country have made to struction of the Animal Reproduction and Bio- our Nation’s Youth technology Lab, located on the campus of TRIBUTE TO THE RED ARROW Last year, the American Bankers Associa- CSU. With the acquisition of this nationally-re- CLUB tion pledged to enroll 1000 banks in America’s nowned research facility, CSU became the Promise, the organization led by General Colin first in the nation to develop artificial insemina- HON. GERALD D. KLECZKA Powell that draws on the talents and re- tion procedures for livestock. Other accom- OF WISCONSIN sources of public, private and nonprofit organi- plishments associated with the lab include pio- IN THE HOUSE OF REPRESENTATIVES neering efforts in gene splicing and cloning. zations to improve the lives of our nation’s Tuesday, July 25, 2000 youth. Banks of Promise agreed to increase Research projects from the Animal Reproduc- their involvement in programs and activities tion and Biotechnology Lab have also ensured Mr. KLECZKA. Mr. Speaker, today I honor that benefit children in order to provide them the United States’ livestock production industry and pay tribute to the Red Arrow Club of Mil- with the five fundamental resources they need remains competitive internationally. waukee. October 15th, 2000 marks the 60th to succeed in life. Those resources are: (1) An Dr. Harper is also primarily responsible for anniversary of the U.S. Army’s 32d Infantry Di- ongoing relationship with a caring adult; (2) a establishing the Center for Geosciences at vision’s call to active duty prior to World War safe place with structured activities during CSU. The Center, in partnership with the De- II, and also the 39th anniversary of the Octo- non-school hours; (3) a healthy start in life; (4) partment of Defense, is entering into a fourth ber 15th, 1961 call to active duty for the Berlin a marketable skill through effective education; phase of research projects to develop more Crisis. This is a very important day for the and (5) a chance to give back through com- sophisticated equipment and technology to club, for those who have worn the ‘‘Red munity service. better understand weather dynamics as it re- Arrow’’ in war, as well as peacetime. The response by the industry has been lates to military activities. Comprised of troops from Michigan and overwhelming. Today, the number of Banks of Dr. Harper has not only provided leadership Wisconsin, these soldiers were inducted into Promise has more than doubled to 2102, re- in the scientific arena, but as the interim presi- federal service at Lansing, Michigan on Octo- flecting the banking industry’s commitment to dent in 1887, when Dr. Albert Yates, current ber 15th, 1940. The ‘‘Red Arrow’’ arrived in its communities, America’s youth and the fu- CSU President, was away on sabbatical. Dr. Australia on May 14, 1942 and participated in ture of our nation. These banks—and state Harper also directed the University through a number of heroic WWII campaigns, seeing bankers associations across the country—are perhaps its darkest period. The flood of 1997, action in Papua, New Guinea, Leyte, and offering the children in their communities ev- one of the worst weather disasters in the his- Luzon, and later in Japan they often withstood erything from job training and mentoring to tory of the state, claimed five lives, destroyed bitter hand-to-hand combat, and fought brave- safe and accessible playgrounds and financial 2000 homes, and damaged 212 businesses, ly and honorably for their country. During their education. Indeed, our nation’s banks are resulting in a $200 million loss. Thirty buildings tour of duty in World War II, the members of making an invaluable investment: they are in- on the CSU campus sustained damage and the 32d Division laid their lives on the line for vesting in our kids. nearly 200 faculty, staff, and students were their country, asking nothing in return. And Mr. Speaker, today I rise not only to recog- displaced. Many books were ruined, and trag- once again on October 15th, 1961 the ‘‘Red nize the banking industry’s commitment but ically, many faculty lost much of their life’s Arrow’’ answered the call of their country to also to encourage other businesses, organiza- work. Disaster officials were extremely im- protect our vital interests overseas, this time tions and individuals to make a similar invest- pressed with CSU’s rapid recovery, many at- for the Berlin Crisis. ment in their local youth. From Fortune 500 tributing the credit to Dr. Harper. For their bravery, members of the 32d have companies to government agencies to the An active administrator and respected re- received a total of ten Congressional medals local mom and pop store—we all have the searcher, Dr. Harper is recognized internation- of Honor and fourteen Distinguished Unit Cita- ability, and the obligation, to help our children ally as an expert in the area of food extrusion, tions. In addition, the unit has received several succeed in life. a process by which food ingredients are heat- decorations including the Presidential Unit Ci- One familiar quote adequately sums up the ed and fashioned in an effort to achieve de- tation (Army) and the Philippine Presidential importance of America’s Promise. It says: sired shapes and textures. Food extrusion is Unit Citation. ‘‘One hundred years from now, it will not mat- energy efficient, cost effective, and has be- This special day serves to honor the many ter what my bank account was, the sort of come a central part of many modern food veterans who answered the call to duty to house I lived in, or the kind of car I drove. But processing operations. His accomplishments serve their country in this distinguished divi- the world may be different because I was im- in this area include 77 journal publications, sion, a number of whom made the ultimate portant in the life of a child.’’ two books, and 10 separate chapters in other sacrifice and never returned home to family To learn more about the Banks of Promise works. In addition, he is also the co-holder of and friends. To the veterans, as well as those program and to see a list of the participating five U.S. patents. on active duty, my sincere congratulations on banks go to www.aba.com. Mr. Speaker, I have had the good fortune to this very special milestone in the 32d Divi- f work with Dr. Harper for many years and on sion’s history. It is an honor that is well de- many projects during my service as a Colo- served. A TRIBUTE TO DR. JUDSON rado State Senator and a United States Con- f HARPER gressman. I regard him as a friend, an honor- able public servant, a scholar, and one of the HONORING THE LATE DIANE HON. BOB SCHAFFER most decent human beings I’ve ever met. Dr. BLAIR OF COLORADO Harper’s devotion to Colorado State University IN THE HOUSE OF REPRESENTATIVES and the people of Colorado has been the HON. MARION BERRY basis for the profound legacy he has estab- Tuesday, July 25, 2000 OF ARKANSAS lished. IN THE HOUSE OF REPRESENTATIVES Mr. SCHAFFER. Mr. Speaker, today, on the Future generations may one day become eve of his impending retirement, I honor Dr. unfamiliar with the name of Jud Harper, but all Tuesday, July 25, 2000 Judson M. Harper, Vice President for Re- will be touched just the same by his exem- Mr. BERRY. Mr. Speaker, today I pay trib- search and Information Technology and Pro- plary work and his superior intellect. There are ute to a great Arkansan. Today President Clin- fessor of Chemical and Bioresearch Engineer- many reasons Colorado State University has ton, First Lady Hillary Rodham Clinton, and

VerDate Aug 04 2004 13:36 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00004 Fmt 0689 Sfmt 9920 E:\BR00\E26JY0.000 E26JY0 July 26, 2000 EXTENSIONS OF REMARKS 16555 many other distinguished citizens of Arkansas rising within the Sergeant at Arms Office to one-half of his annual benefits because of the are attending a memorial service in Fayette- the supervisory level. 415 limits. The letter I am including into the ville to celebrate and honor the life of Diane Mr. Thomas resides in the 4th Congres- record today clarifies that the IRS and the indi- Blair, who passed away last month. I believe sional District of Maryland, which I am proud vidual multiemployer pension plans will have that Diane Blair also deserves a tribute in the to represent. He is the father of six, three boys the right and the ability, once the 415 changes Congress, because her influence and service and three girls, while his wife, Mrs. Janell are signed into law, to ensure that current re- impacted our nation as well. Thomas, is currently expecting the couple’s tirees, such as the Kohr’s, will be able to ben- Diane was first and foremost a professor of seventh child. Mr. Thomas is a man of convic- efit from the changes in the Section 415 limits. political science at the University of Arkansas, tion and community service, dedicating his Mr. Speaker, thank you for the opportunity and it was through this role that she touched free time to fostering youth development. He to clarify this important issue. an entire generation of Americans. She lit- has also been an active Minister for the past CONGRESS OF THE UNITED STATES, erally ‘‘wrote the book’’ on Arkansas politics— ten years at the Remnant Ministries. JOINT COMMITTEE ON TAXATION, Arkansas Politics and Government: Do the Gary Francis Thomas’ dedication to all he Washington, DC, July 19, 2000. People Rule? still stands as the one and only has served here in Congress will undoubtedly Hon. JERRY WELLER, authoritative treatment of the subject. Beyond be missed. Whether it was assisting Members House of Representatives, Washington, DC. her academic accomplishments, Diane is best of Congress with car problems or issuing park- DEAR MR. WELLER: This is response to your remembered as a caring and thoughtful teach- ing permits to staff, Mr. Thomas served the request dated July 18, 2000, regarding the er. She engaged her students, and imparted entire Capitol Hill community without reserva- provision in H.R. 4843, the ‘‘Comprehensive her love of learning to them. tion, always in high spirits and with a good Retirement Security and Pension Reform Moreover, through her example she inspired word for everyone. Act,’’ as reported by the Committee on Ways countless people to become active in the polit- Mr. Speaker, I ask that my colleagues join and Means, modifying the section 415 limits ical system. She was the conscience of the me in extending our sincerest appreciation on benefits under multiemployer pension plans. Specifically, you requested informa- Democratic party in Arkansas for years, but and best wishes to Gary Francis Thomas tion concerning the impact that the enact- her grace and magnanimity attracted admirers upon his retirement from the United States ment of H.R. 4843 would have on the author- from across the political spectrum. She was Congress. ity and ability of multiemployer pension an outspoken advocate for women and edu- f plans to correct future benefits for retirees cation, and for progress in general. whose pension benefits are reduced under Her accomplishments are manifold and di- PERSONAL EXPLANATION present law by operation of the section 415 verse: chairwoman of state and national com- limits. missions, including the Corporation for Public H.R. 4843 would not require multiemployer HON. DOUG OSE pension plans to increase pension benefits for Broadcasting; professor emerita; author and OF CALIFORNIA retired participants or participants who are editor of two books; mother of five, grand- IN THE HOUSE OF REPRESENTATIVES currently employed. Section 415 provides mother of two. Tuesday, July 25, 2000 limits on the maximum benefits that may be The life of Diane Blair will be memorialized paid from a pension plan, not minimum ben- in many ways. The University of Arkansas will Mr. OSE. Mr. Speaker, on rollcall No. 429, efit requirements. Therefore, a modification create a center for the study of southern polit- I was unavoidably detained due to a plane of an applicable section 415 limit would not ical culture in her name. The Corporation for delay. Had I been present, I would have voted automatically increase a participant’s ben- Public Broadcasting has already named its ‘‘aye.’’ efit. Rather, whether an increase occurs would depend on the plan provisions and any new boardroom in her honor. However, the f modification made to the plan to reflect the best memorial to Diane Blair exists in the COMPREHENSIVE RETIREMENT SE- increased limit. hearts and minds of her friends, students, and CURITY AND PENSION REFORM In order to determine the effect that H.R. loved ones. I am proud to count myself among 4843 would have on the authority and ability ACT this fortunate group, and on behalf of the Con- of a multiemployer plan to increase benefits for retirees, a useful analogy is the repeal of gress I extend my deepest sympathies to the SPEECH OF family of Diane Blair in their time of mourning. the combined limitation on defined benefit and defined contribution plans under former f HON. JERRY WELLER section 415(e) as a result of the enactment of OF ILLINOIS IN RECOGNITION OF GARY the Small Business Job Protection Act of IN THE HOUSE OF REPRESENTATIVES FRANCIS THOMAS, UPON HIS RE- 1996. Prior to the effective date of the repeal Wednesday, July 19, 2000 of section 415(e), the Internal Revenue Serv- TIREMENT FROM THE OFFICE OF ice (the ‘‘IRS’’) issued Notice 99–44, in which THE SERGEANT AT ARMS Mr. WELLER. Mr. Speaker, I submit for the the IRS provided guidance concerning ben- record a letter written by the Joint Committee efit increases that would be permitted upon HON. ALBERT RUSSELL WYNN on Taxation (JCT) regarding a provision in- the repeal of the combined limitation on de- fined benefit and defined contribution plans. OF MARYLAND cluded in H.R. 4843, the Comprehensive Re- tirement Security and Pension Reform Act. In Notice 99–44, the IRS stated that if a IN THE HOUSE OF REPRESENTATIVES plan is not amended to take into account the This letter should help to clarify the provision Tuesday, July 25, 2000 repeal of section 415(e), the effect on the ben- which applies to the Section 415 limits for mul- efits of plan participants will depend on the Mr. WYNN. Mr. Speaker, today I congratu- tiemployer pension plans. plan’s existing provisions for applying the late Mr. Gary Francis Thomas upon his retire- The JCT letter helps to clarify that, if the limitations of section 415(e) and any other ment from the United States House of Rep- IRS follows the precedents it has established relevant plan provisions. According to the resentatives Office of the Sergeant at Arms, in the past, the individual multiemployer pen- IRS, a plan’s existing provisions could result after thirty-six years of service. sion plans will be able to provide benefit in- in automatic benefit increases for partici- Mr. Thomas began his career in Congress creases for individuals who are already retired pants as of the effective date of the repeal of section 415(e). For example, the IRS stated, in 1965 working for the Architect of the Capitol from their plan related employment if all of the repeal of section 415(e) could result in in the Labor Room, where he served for five their benefits have not been previously distrib- automatic benefit increases for participants years. Upon completing his work with the Ar- uted. This means that an employee who is in defined benefit plans that incorporate by chitect of the Capitol in 1970, Mr. Thomas currently retired from union employment can reference the limitations under section 415. transferred to the Parking Office, where he is benefit from the Section 415 modifications in- In addition, the IRS stated in Notice 99–44 now completing his thirty-six year career. cluded in H.R. 4843. that a defined benefit pension plan may pro- Mr. Thomas began his career during the I am particularly interested in this issue be- vide for benefit increases to reflect the re- peal of section 415(e) for a current or former 89th Congress when Representative John W. cause of a family in my district who loses employee who has commenced benefits under McCormick was Speaker of the House and more than one-half of their annual pension be- the plan prior to the effective date of the re- Lyndon B. Johnson was President of the cause of the Section 415 limits. Larry Kohr is peal of section 415(e) for the plan, but only if United States. He has since served under a retired union worker who lives with his family the employee or former employee has an ac- eighteen Congresses and seven Presidents, in my district in Illinois. Larry loses more than crued benefit on that date. In other words,

VerDate Aug 04 2004 13:36 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00005 Fmt 0689 Sfmt 0634 E:\BR00\E26JY0.000 E26JY0 16556 EXTENSIONS OF REMARKS July 26, 2000 the IRS determined that a plan may provide who has only been with us such a relatively to the Carter Broadcast Group, Inc. to honor for benefit increases to reflect the repeal of short time. I commend her for her efforts and Skip Carter’s legacy. section 415(e) for a former employee who has extend my deepest thanks and appreciation to Between 1990 and 1996 KPRS advanced begun receiving benefit distributions prior to from the eighth rated station to the top rated the effective date of the repeal but whose her for her invaluable contributions. benefits under the plan have not been com- I am proud to rise today to join her hus- station in the Kansas City market as meas- pletely distributed prior to the effective date band, William, friends, colleagues, and com- ured by Arbitron. This recognition of the ‘‘Hot of the repeal. munity members to thank her for her out- 103 Jamz’’ came about by the hard work and If H.R. 4843 is enacted, the modifications to standing service and wish her well as she de- dedication of the total staff, which has been in- the section 415 limits affecting multiem- parts for the Naval War College. corporated into the Carter Broadcast ‘‘Family.’’ ployer pension plans would be effective for f There have been numerous accolades during years beginning after December 31, 2000. If, their 50 years. Skip Carter was named to the in the implementation of these modifica- PERSONAL EXPLANATION Radio Hall of Fame, the station received a tions, the IRS follows the precedent that it has established with respect to the repeal of Crystal Award from the National Association of section 415(e), a multiemployer plan would HON. VAN HILLEARY Broadcasters, a Griffin Award from the Mis- be permitted to provide for benefit increases OF TENNESSEE souri Broadcasters Association for Community to reflect the modifications of the section 415 IN THE HOUSE OF REPRESENTATIVES Service, and their recent nomination for the limits for a former employee who has com- Marconi Award from the National Association Tuesday, July 25, 2000 menced distributions prior to 2001 but whose of Broadcasters which recognizes excellence benefits have not been completely distrib- Mr. HILLEARY. Mr. Speaker, on Monday, in radio. Winners of the Marconi Award will be uted prior to 2001. In addition, the modifica- July 10, I was unavoidably detained from the announced September 23 in San Francisco, tion of the section 415 limits could result in House chamber when my flight from Ten- automatic benefit increases for participants our community will be cheering them as they in defined benefit plans that incorporate by nessee to return to Washington was canceled are acknowledged and honored. They have reference the section 415 limits. due to weather conditions. Had I been present been recognized for business successes and I hope this information is helpful to you. If I would have cast my vote as follows: Rollcall community service on many occasions. Three we can be of further assistance in this mat- No. 373, yes; Rollcall No. 374, no; Rollcall No. times they have been honored as a Top 10 ter, please let me know. 375, yes; Rollcall no. 376, no; Rollcall No. Small Business of the Year by the Greater Sincerely, 377, yes; Rollcall No. 378, no. Kansas City Chamber of Commerce, the most LINDY L. PAULL. On Monday, July 24, I was unavoidably de- recent being this past April. They have con- f tained from the House chamber while I at- stantly stepped forward in the community in tended a funeral in Tennessee of the mother times of crisis. When children have been ab- IN RECOGNITION OF CAPTAIN BAR- of my good friend and our colleague, Rep- ducted, they have devoted live broadcast time BARA P. MORGAN FOR OUT- resentative BILL JENKINS. Had I been present to assist in finding them. They have lent their STANDING SERVICE TO THE I would have cast my vote as follows: Rollcall airwaves to help raise funds for community or- COMMUNITY No. 429, yes. ganizations such as the Ad Hoc Group f Against Crime. In 1999 alone, the stations as- HON. ROSA L. DeLAURO sisted more than 150 community organizations TRIBUTE TO CARTER BROADCAST OF CONNECTICUT and aired 10,000 community service spots. GROUP, INC. IN THE HOUSE OF REPRESENTATIVES Saturday, July 22, the Carter Broadcast Tuesday, July 25, 2000 Group is having a ‘‘50th Anniversary Gala.’’ HON. KAREN McCARTHY The proceeds from this event will benefit the Ms. DELAURO. Mr. Speaker, today I pay OF MISSOURI St. Vincent’s Day Care Center, which servies tribute to an outstanding individual whose IN THE HOUSE OF REPRESENTATIVES many of Kansas City’s critically at risk chil- service to our nation and the Greater New Tuesday, July 25, 2000 dren. Haven community is unparalleled. Captain In celebration of this significant milestone, I Barbara P. Morgan has served as the Com- Ms. MCCARTHY of Missouri. Mr. Speaker, am honored to recognize Michael Carter and mander of the U.S. Navy and Marine Corps today I pay tribute to the Carter Broadcast the Carter Broadcast Group’s efforts and leg- Reserve Center in New Haven, Connecticut Group, Inc., owner of KPRS–FM and KPRT– acy. Mr. Speaker, please join me in congratu- for the past three years and has recently an- AM radio, the oldest African-American owned lating the Carter family and the entire organi- nounced that she will be leaving her command and operated radio station in America. This zation for 50 years of service to the Greater to attend the Naval War College. year they celebrate 50 years of excellence as Kansas City community. As Commander of the Reserve Center, one of Kansas City’s, and the nation’s, most f Captain Morgan has been a driving force in in- established and respected broadcasters. volving the Reserve Center with the sur- In 1950, Andrew ‘‘Skip’’ Carter had a dream EXPRESSING SENSE OF CONGRESS rounding community, opening its doors to gov- to build a black owned radio station in Kansas CONCERNING RELEASE OF ernment agencies and community-based pro- City that would serve the needs of his commu- RABIYA KADEER, HER SEC- grams. The American Red Cross, New Haven nity. His station, KPRS–AM was only the sec- RETARY AND SON BY GOVERN- Public School’s after school program, Sea Ca- ond African-American station to receive a MENT OF THE PEOPLE’S REPUB- dets and various veteran organizations have broadcast license from the Federal Commu- LIC OF CHINA all benefited from her generosity. Captain Mor- nications Commission (FCC). Operating with gan has been a leading advocate for the Ma- just 1,000 watts, it went on the air playing SPEECH OF rine Cadets of America, a very special pro- such artists as Ray Charles and James HON. FRANK R. WOLF gram for the young people of Greater New Brown. It had to go off the air at sundown be- OF VIRGINIA Haven, to whom she has provided support as cause of the low wattage. IN THE HOUSE OF REPRESENTATIVES the Commanding Officer and by encouraging In 1963 Skip Carter received a license from the entire military community to participate in the FCC to operate a 100,000 watt FM facility. Monday, July 24, 2000 the operation of the program. In 1973, their stations became the first fully Mr. WOLF. Madam Speaker, I rise in sup- For twenty-two years, Captain Morgan has automated stations in the Midwest. port of this resolution that calls on the Peo- served in the United States Navy with honor Skip Carter and his wife, Mildred, had oper- ple’s Republic of China to immediately release and distinction. She has been decorated with ated the two stations as a family business Rabiya Kadeer, a prominent Uighur business- the Meritorious Service Medal, Navy and Ma- since their inception. Their grandson, Michael, women, her son, and her secretary. rine Corps Commendation Medal, and the had his own jazz show in the late 1960’s at When the Chinese government arrests and Navy and Marine Corps Achievement Medal— eight years of age. In 1987 Michael Carter imprisons people like this, it is an important re- a reflection of her remarkable career. Captain was named President of KPRS Broadcasting minder to all of us of the true character of the Morgan has demonstrated a unique commit- Corporation by his grandfather to carry on the Chinese regime. The State Department’s 1999 ment to our community—rare for an individual family tradition. The name was later changed Human Rights Report on China stated this

VerDate Aug 04 2004 13:36 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00006 Fmt 0689 Sfmt 9920 E:\BR00\E26JY0.000 E26JY0 July 26, 2000 EXTENSIONS OF REMARKS 16557 clearly, saying, ‘‘The [Chinese] government’s Rev. Aminah Bullock-Mumin who dedicated tually all the highest accolades offered to busi- poor human rights record deteriorated mark- herself to improving the lives of others. nessmen, including selection to the National edly throughout the year as the Government f Business Hall of Fame. After retiring as USAA intensified efforts to suppress dissent, particu- Chairman Emeritus in 1993, his methods con- larly organized dissent.’’ 80TH BIRTHDAY OF BRIG. GEN. tinue to be a model for insurance and financial The Chinese government will stop at noth- ROBERT F. MCDERMOTT, USAF services companies. ing to silence any voice of freedom and truth. (RET.) At the same time McD has made enormous The Chinese government murders its own contributions to his community, including people to stay in power, flattening thousands HON. HENRY BONILLA founding the San Antonio Economic Develop- of its own citizens who supported the OF TEXAS ment Foundation, the Texas Research Park, Tiananmen Square democracy movement. IN THE HOUSE OF REPRESENTATIVES and a mentor program that has reached thou- sands of children. General McDermott’s en- The Chinese government has arrested, impris- Tuesday, July 25, 2000 oned, or kicked out of the country virtually ergy, vision, intelligence, character, and belief every leading democratic dissident. Mr. BONILLA. Mr. Speaker, Monday, July in the Golden Rule has made everything he People of faith are persecuted by the Chi- 31, 2000 is the 80th birthday of retired Air touches positive and successful. nese government. Christians, Tibetan Force Brigadier General Robert F. McDermott. Once again, Happy Birthday McD. Con- Bhuddists, and Muslim Uighurs like Ms. I offer congratulations and continued happi- gratulations on a great 80 years and best Kadeer are imprisoned and forced into prison ness to him and his loved ones. On this spe- wishes for many more. labor, because of their faith. The Chinese re- cial day for ‘‘McD,’’ I wish to honor and salute f gime has imprisoned old men like 80–90 year- him for his lifelong service to his fellow Ameri- cans. IN RECOGNITION OF DR. OTAKAR old-Catholic bishops. The government regu- HUBSCHMANN larly persecutes and imprisons priests and Born in Boston, Massachusetts, General Protestant House church leaders, Tibetan McDermott attended Boston Latin School and Bhuddist monks and nuns. Norwich University. He graduated from West HON. BOB FRANKS I am very supportive of this resolution today Point with the Class of January 1943. After OF NEW JERSEY IN THE HOUSE OF REPRESENTATIVES and I think this resolution sends an important commissioning, he flew 61 combat missions in message of disapproval of the Government of a P–38 over Europe. After World War II Tuesday, July 25, 2000 China’s deplorable behavior toward its own ended, he continued his military service in Eu- Mr. FRANKS of New Jersey. Mr. Speaker, citizens. rope, the Pentagon, and, after earning an today I recognize an individual who epitomizes f MBA at Harvard, on the faculty at West Point. the spirit of public service, Otakar His assignment to the newly created Air Hubschmann, M.D. IN MEMORY OF REV. AMINAH Force Academy in 1954 signaled the begin- Dr. Hubschmann, a nationally renowned BULLOCK-MUMIN ning of his outstanding contributions to the neurosurgeon from Short Hills, NJ, received U.S. Air Force. As Dean of the Faculty for the his medical degree in May 1967 from Charles HON. J.C. WATTS, JR. first ten graduating classes, he pioneered and University in Prague. Later that same year, he OF OKLAHOMA championed a number of innovations that defected from Communist-ruled Czecho- IN THE HOUSE OF REPRESENTATIVES changed the face of service academy edu- slovakia and fled to England. He sought and cation. These included a modernized and en- Tuesday, July 25, 2000 attained asylum in the United States where he riched curriculum, academic majors, the first completed his medical residency at Albert Ein- Mr. WATTS of Oklahoma. Mr. Speaker, Department of Astronautics in the country, and stein College of Medicine in New York. After today we celebrate the passage in the House cooperative Master’s degree programs with his residency, he served as a Major in the of Representatives of legislation which will prestigious universities such as UCLA and United States Army and eventually became a bring hope and opportunity and faith-based Purdue. He also developed a whole-person full tenured professor at the University of Med- solutions to thousands of Americans who live admissions program which brought the highest icine and Dentistry of New Jersey. He cur- in our nation’s older, struggling communities. quality students to the Academy. These inno- rently serves as Chief of Neurological Surgery At the same time we celebrate its passage, vations were so successful that West Point at Saint Barnabas Health Care System in we should also celebrate the lives of those and Annapolis broke with their traditions and West Orange, NJ. who have devoted themselves in that same instituted many of them. For these accom- Since the demise of Communism in spirit to bring hope and opportunity to their plishments, General McDermott is universally Czechoslovakia in 1989, Dr. Hubschmann has own communities across America. acknowledged as the ‘‘Father of Modern Mili- been involved in a number of important One of those individuals is Rev. Aminah tary Education.’’ projects to help the newly democratized Czech Bullock-Mumin who passed away on Thursday For many this would have been enough Republic. He has led efforts to secure much and was laid to rest today just as we were de- success for one lifetime, but not for McD. In needed medical equipment for Czech hos- bating and voting on this legislation. 1969 he tackled the private sector, becoming pitals, has been an invited lecturer at Charles Rev. Bullock was born on May 26, 1943 to the head of USAA, an insurance and financial University and has worked with Mrs. Olga the late Charles and Etta Coates. Aminah services association that served military offi- Havel, the former Czech First Lady, to help completed high school and attended the Uni- cers and their families. Under General developmentally disabled children in the Re- versity of the District of Columbia. She mar- McDermott USAA grew from a relatively small public. ried, had four sons, and worked for the Vet- property and casualty insurer into a successful Recently, Dr. Hubschmann founded ‘‘La- erans Medical Center in Washington, DC, for financial services supermarket. He added no- crosse Without Borders,’’ to develop new more than 25 years, receiving many honors load mutual funds, credit cards, a discount friendships and enhance international toler- and awards for outstanding service, before re- brokerage, and a full-service bank. He also pi- ance through lacrosse, a sport originated by tiring last year on medical disability. oneered technology-based customer service, Native Americans. Through his tireless efforts, Aminah was an ordained minister who loved employing ‘‘800’’ phone services, computers, ‘‘Lacrosse Without Borders’’ hosted 20 former preaching and teaching the Word of God. She and IMAGE processing. Today USAA is a and current college lacrosse players in Prague had a vision to start a Women’s Ministry which worldwide insurance and diversified financial earlier this month. These young American ath- she lived to see become a reality. She was services family of companies, where the ma- letes ran lacrosse instructional clinics and par- the chairperson of the Women’s Ministry, jority of customers continue to be members of ticipated with their Czech counterparts in the served on the Missionary Ministry and as- the U.S. military. Prague Cup 2000. This extremely successful sisted many families who resided in women General McDermott also made USAA a program generated a great deal of interest in and children shelters. great place to work. No company was rated Prague and significant media coverage both As we here today in the Capitol seek to give higher in the first publication of the ‘‘Best within the Czech Republic and here in the tools to those who work to improve their local Places to Work in America,’’ and Fortune se- United States. communities, it is fitting to take a moment to lected USAA as the best service provider in Mr. Speaker, please join me in recognizing recognize the good works and good life of the insurance industry. McD has received vir- Dr. Otakar Hubschmann’s selfless efforts to

VerDate Aug 04 2004 13:36 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00007 Fmt 0689 Sfmt 9920 E:\BR00\E26JY0.000 E26JY0 16558 EXTENSIONS OF REMARKS July 26, 2000 promote positive relations between the United last three years, she still keeps active in the continued support of education and rehabilita- States and the Czech Republic. classroom. tion. Given the sacrifices of our veterans, we f Nancy, as well as the other inductees, has owe them much more than just a debt of grati- the gift to spark the imaginations of our chil- tude—we owe them the care that they earned. RECOGNIZING THE CHEVRON COR- dren and the commitment to demand excel- f PORATION AND THE YOSEMITE lence and character, not only from students, NATIONAL PARK VOLUNTEER but also in inspiring other teachers to strive for ASSURING QUALITY OF ELDER PROJECT these goals. Nancy has created educational CARE IN NURSING HOMES—THE materials as well as a management program INTRODUCTION OF H.R. 4898 TO HON. GEORGE RADANOVICH that promotes dignity, imagination, self-dis- REQUIRE AIR CONDITIONING IN NURSING HOMES OF CALIFORNIA cipline, and responsibility. As Nancy puts it IN THE HOUSE OF REPRESENTATIVES ‘‘behavior is like a shirt, it can be changed.’’ It was my privilege to welcome these out- Tuesday, July 25, 2000 HON. TOM LANTOS standing teachers to the National Teachers OF CALIFORNIA Mr. RADANOVICH. Mr. Speaker, today I Hall of Fame, and on behalf of grateful par- IN THE HOUSE OF REPRESENTATIVES recognize the outstanding work of the Yosem- ents and a grateful nation, to express thankful- Tuesday, July 25, 2000 ite National Park Volunteer Project. The ness for their hard work and dedicaiton. project is celebrating a decade of effort by the f Mr. LANTOS. Mr. Speaker, on June 15th Yosemite Fund and volunteers from Chevron and 16th of this year, three elderly patients Corporation to restore and preserve one of the COMMEMORATING THE 50TH ANNI- died at the SunBridge Care and Rehabilitation crown jewels of our National Park System. Yo- VERSARY OF THE KOREAN WAR home in Burlingame, California, in my Con- semite’s 4 million yearly visitors will bear wit- gressional District and five others at the home ness to the fruits of this effort: More than 60 HON. SAM GEJDENSON were hospitalized during a heat wave when ° acres of meadows, lake area and woodlands OF CONNECTICUT temperatures in the county soared to 108 . have been restored. Nearly 3,000 volunteers IN THE HOUSE OF REPRESENTATIVES When county officials visited the nursing home donated 27,500 hours to collect and plant in Burlingame during last month’s heat wave, Tuesday, July 25, 2000 10,000 oak seedlings, remove 1,000 feet of fans were pointed toward staff, while elderly roadway, build 4,000 feet of split rail fence, in- Mr. GEJDENSON. Mr. Speaker, it is with people were dying. Those deaths are under stall 1,500 feet of boardwalk, remove 600,000 great appreciation today, on the fiftieth anni- investigation by state and local officials in Cali- pounds of asphalt, plant 100 black oak trees versary of the Korean War, to celebrate those fornia. and improve one mile of trails. who fought for this country and its ideals. Mr. Speaker, we cannot have the federal Mr. Speaker, this is not glamorous work. To I respect those who served in the Korean government financially supporting nursing the contrary, splitting rails, digging up asphalt War and for the more than 54,000 who didn’t homes where conditions are life-threatening. and laying boardwalk to protect meadows is return. I commend the men and women who That is why I have introduced H.R. 4898, leg- hard, physical labor. The Chevron volunteers served valiantly and with little recognition. islation which will require air conditioning in did it happily, putting to superb use the $1.3 These brave veterans returned home and nursing home facilities which receive Medicare million in contributions provided by Chevron. went back to work to make our country the or Medicaid funding. If the operators of these The Yosemite Fund, the National Park Service greatest nation on Earth. profit-making facilities are not willing to assure and Chevron have created a partnership that Because of this lack of attention, the Korean humane conditions for the elderly living there, invigorates natural conditions in Yosemite War has frequently been called ‘‘The Forgot- they will not receive federal funds. which still might be in danger of permanent ten War.’’ Today I say that we have not forgot- H.R. 4898 amends the Social Security Act degradation if it were not for this timely volun- ten. To this day, American and South Korean to add the requirement for air conditioning to teer and financial assistance. This cooperative troops stand watch on the Korean peninsula, the specifications which nursing home facilities effort is a model public/private partnership that living testaments to this critical episode in the must meet in order to be eligible for federal has made a lasting difference in one of this annals of the Cold War. Millions of citizens in funds. Because Medicare and Medicaid pro- nation’s most beautiful and most important South Korea remember the sacrifices Ameri- vide a major portion of the funding for many natural settings. cans made and cherish the freedom that we of the patients at most nursing homes in the f fought to preserve for them. country, this legislation will require virtually all Let me also pay special tribute to those who such facilities to have air conditioning. NANCY BERRY INDUCTED INTO have made it their mission to ensure we do Mr. Speaker, these deaths in California oc- THE NATIONAL TEACHERS HALL not forget those who fought there and did not curred just a week after the release of a con- OF FAME return. Bob Dumas, a constituent of mine, gressional study which was conducted at the continues his untiring search for his brother, request of the members of the Bay Area con- HON. STEVE BUYER Roger, who remains MIA in North Korea. Re- gressional delegation. This study revealed OF INDIANA mains of another twelve American servicemen how substandard the conditions are in nursing IN THE HOUSE OF REPRESENTATIVES were returned to the U.S. by North Korea on homes in our area. The study found that only Saturday. I believe we must continue to press 6 percent of Bay Area nursing homes were in Tuesday, July 25, 2000 until we have accounted for all lost in the con- ‘‘substantial compliance’’ with federal stand- Mr. BUYER. Mr. Speaker, on June 14, I had flict. ards, and 41 percent of homes were found to the great opportunity to speak before a very Finally, let me challenge my colleagues to have violations of federal standards ‘‘that select group of individuals, the year 2000 in- take this opportunity, while we are remem- caused actual harm to residents or placed ductees into the National Teachers Hall of bering this ‘‘Forgotten War,’’ to renew our them at risk of death or serious injury.’’ In Fame. These are individuals who have shown commitment to those who served with honor, short, this report says our nursing homes are exceptional dedication and creativity in the those who fought bravely, and those who died in crisis, and corrective action is necessary. teaching profession. with valor in the service of our country—our Just one week later we saw the consequences It was a great honor to have as one of the veterans. Whether they served at Chosin Res- in the tragedy in Burlingame. inductees Nancy Berry, the Principal of Co- ervoir, Bunker Hill, Bloody Ridge, or Heart- Mr. Speaker, this need for air conditioning is lumbia Elementary School in Logansport, Indi- break Ridge, let us respect their service and not just a California problem. The heat wave ana. At Columbia Elementary School you sacrifice through fully supporting those pro- now affecting much of the Southern states would be welcomed to ‘‘Berryland,’’ the cre- grams which they truly deserve: adequate over the past two weeks has been blamed for ative classroom of Nancy Berry, where chil- funding of medical facilities including mental the deaths of at least 12 people in Texas and dren acquire an appreciation to learn. Nancy health programs; more Community Based Out- four in Louisiana. Heat kills. It is an absolute has taught in the classroom for Logansport reach Clinics to bring health care closer to our outrage that elderly people in nursing homes Community School Corporation for over 20 aging veterans; more coordination among fed- are dying because it’s too hot. We need to years. Although she has been principal for the eral agencies for our homeless veterans; and take action to protect our elderly who are in

VerDate Aug 04 2004 13:36 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00008 Fmt 0689 Sfmt 9920 E:\BR00\E26JY0.000 E26JY0 July 26, 2000 EXTENSIONS OF REMARKS 16559 nursing homes. I urge my colleagues to join The mentality of the Colonials’ baseball been obstructed. In December of 1998—after me as cosponsors of H.R. 4898 so that we team can be summed up in a common the Committee’s year-long investigation and can protect our elderly citizens, our father and idiom—‘‘comeback kids.’’ However there is seven days of hearings resulted in a spectacu- mothers, grandfathers and grandmothers, nothing ‘‘common’’ about this group of distin- larly unsuccessful attempt to uncover improper brothers and sisters, and friends from the heat guished young men. This season, driven by political influence in the leasing of the Portals when they are cared for in nursing homes. the passionate leadership of Coach Dave Niro, building—the majority wrote a staff report out- f the Colonials surprised many with late-inning lining its unsubstantiated suspicions and rallies, strong defense, and incredible hitting. asked Justice to determine if the witnesses CHINA LAKE NAVY MUSEUM As a matter of fact, four of their last six wins had made false statements ‘‘under oath in a were come-from-behind victories. It was their deliberate effort to mislead the Committee and HON. WILLIAM M. THOMAS ‘‘never-say-die’’ attitude that lifted the spirits obstruct its legitimate fact-finding processes.’’ OF CALIFORNIA and performance of the Shrewsbury High This referral was made, even though not a IN THE HOUSE OF REPRESENTATIVES School Baseball team to a level that very few single witness testified to improper influence, anticipated. and not a single document provided the nec- Tuesday, July 25, 2000 Teamwork was the key to the Colonials’ essary evidence. Justice responded by stating Mr. THOMAS. Mr. Speaker, on July 28th highly successful season. Led on the field by that there was no ‘‘specific and credible’’ evi- supporters of the Naval Air Warfare Center, co-captains Catcher Jimmy Board and First dence to support the allegations of perjury and Weapons Division, China Lake will gather to- Baseman Jamie Buonomo, every player per- conspiracy. gether in Ridgecrest, California for the ribbon formed to the highest level. The sensational The majority has never accepted the results cutting of a new Navy museum dedicated to play of outfielders Shayne Barnes, Tommy of their own investigation or even the FBI’s. the history and achievements of the people Crossman, and Tim Kilroy, the outstanding de- The FBI has already done an extensive inves- who have worked at China Lake since the fense of infielders Jon Bacotti, Alex Biaz, tigation of the origins of and statements in the 1940s. As a Life Member of the Museum Ryan Bigda, Bill Orflea, and Andy Morano, the unproduced document and obtained no evi- Foundation that is collecting private funds to mastery of pitchers Shawn Walker, Lee dence to warrant prosecution. So now appar- create this monument, I support this effort to Diamotopolous, Brendan Slavin and Mike ently the allegation is that if the Committee preserve a complete record of China Lake’s Sigismondo, the clutch hitting by designated had had the document, it could have done a record for future generations. hitter Matt Vaccaro and the numerous con- better job. Nothing in the Committee’s history Those of us familiar with China Lake have tributions by players Bob Roddy, Nick Dion, indicates any truth in that statement. a strong sense of what the Navy personnel Matt Amdur, Todd Cooksey, Tim Ford, and f and employees there have done for this Na- Brian Merchant helped make this season such tion’s defense. China Lake personnel devel- a success. Also, special recognition must be SENATE COMMITTEE MEETINGS oped the first Sidewinder air to air missile. extended to Head Coach Dave Niro, assist- China Lake has been the source of techno- ants P.J. O’Connell and Jay Costa, and man- Title IV of Senate Resolution 4, logical advances in cruise missiles, fuel-air ager Michelle Pessolano. agreed to by the Senate on February 4, munitions, infrared and other technologies that It is with tremendous pride that I recognize 1977, calls for establishment of a sys- Americans in uniform rely on in their quest to the members of the Shrewsbury High School tem for a computerized schedule of all defend the nation. It is a remarkable story Colonials Baseball team for an unforgettable meetings and hearings of Senate com- proving what exceptional dedication can ac- season. I congratulate them on their accom- mittees, subcommittees, joint commit- complish. plishment and wish them the best of luck in tees, and committees of conference. By building this museum, we can preserve the years to come. This title requires all such committees to notify the Office of the Senate Daily a record of the achievements of people at f China Lake. Those achievements are a source Digest—designated by the Rules com- of justifiable pride in eastern Kern County, OVERSIGHT AND INVESTIGATIONS mittee—of the time, place, and purpose California. With this museum, they become a ON PORTALS BUILDING of the meetings, when scheduled, and source of inspiration to visitors and to those any cancellations or changes in the important future Americans who will come to HON. RON KLINK meetings as they occur. As an additional procedure along China Lake to solve new problems. OF PENNSYLVANIA with the computerization of this infor- f IN THE HOUSE OF REPRESENTATIVES mation, the Office of the Senate Daily RECOGNIZING THE SHREWSBURY Tuesday, July 25, 2000 Digest will prepare this information for HIGH SCHOOL COLONIALS BASE- Mr. KLINK. Mr. Speaker, yesterday, the printing in the Extensions of Remarks BALL TEAM Commerce Committee received a letter from section of the CONGRESSIONAL RECORD the Department of Justice which stated that on Monday and Wednesday of each HON. JAMES P. McGOVERN the Department found that ‘‘there is not a suffi- week. Meetings scheduled for Thursday, OF MASSACHUSETTS cient basis to warrant a criminal investigation’’ July 27, 2000 may be found in the Daily IN THE HOUSE OF REPRESENTATIVES concerning whether a document was ‘‘inten- tionally’’ withheld by Tennessee developer Digest of today’s RECORD. Tuesday, July 25, 2000 Franklin Haney or one of his business associ- MEETINGS SCHEDULED Mr. MCGOVERN. Mr. Speaker, I rise today ates in a ‘‘deliberate’’ attempt to obstruct the to join the community of Shrewsbury, Massa- Committee investigation of the lease for the SEPTEMBER 26 chusetts, in celebrating the outstanding per- Portals building. That building is now the formance of the Shrewsbury High School Co- headquarters of the Federal Communications 9:30 a.m. Veterans’ Affairs lonials Baseball team. Their remarkable sea- Commission. To hold joint hearings with the House son came to an abrupt end on June 19th with This letter marks the second time in two Committee on Veterans’ Affairs on the their defeat in the Division 1 State Champion- years that the Justice Department has rejected Legislative recommendation of the ship game. This defeat, however, could not the majority’s call for a criminal investigation American Legion. detract from their extraordinary season. because staff believed its Portals’ work had 345 Cannon Building

VerDate Aug 04 2004 13:36 Nov 17, 2004 Jkt 079102 PO 00000 Frm 00009 Fmt 0689 Sfmt 0634 E:\BR00\E26JY0.000 E26JY0